Former special counsel Jack Smith testified before the Senate Judiciary Committee on Tuesday, defending his investigations into former President Donald Trump amid sharp Republican criticism. The hearing highlighted deep partisan divisions over the legal scrutiny of Trump following his efforts to overturn the 2020 presidential election and possession of classified documents.

Smith, appointed by then-Attorney General Merrick Garland, led two major prosecutions against Trump: one concerning alleged mishandling of classified material at his Mar-a-Lago estate, and another investigating attempts to interfere with the certification of President Joe Biden’s electoral victory. Both cases were dropped after Trump’s successful 2024 election bid, following Justice Department guidance against indicting a sitting president.

Throughout the nearly four-hour hearing, Smith disputed Republican claims that his work was politically motivated or amounted to illegal surveillance of GOP lawmakers. He emphasized that his decisions were based on evidence, not partisanship, and stressed the importance of pursuing accountability regardless of political affiliation. “If asked whether to prosecute a former president today based on the same facts, I would do so regardless of whether the president was a Republican or a Democrat,” Smith said.

Republican senators focused much of their criticism on subpoenas issued during the investigation that sought toll records from several Republican members of Congress connected to Trump’s efforts on January 6, 2021—the day of the Capitol riot. These subpoenas, Smith explained, were routine investigative tools aimed at understanding the “scope of the conspiracy” by tracing the timing and duration of communications. He added that the records did not include content and were approved by senior Justice Department officials. Democrats noted that similar records were obtained in prior investigations involving lawmakers from their party.

Republicans, however, characterized the subpoenas as a “rampant abuse of authority” and a politically driven “fishing expedition.” Sen. Ted Cruz (R-Texas) asked, “Is it a crime to be a Republican?” to which Smith responded emphatically, “Absolutely not.” Some GOP senators also sought to undermine Smith’s credibility, notably Sen. Eric Schmitt (R-Missouri), who accused Smith of perjury over a claim about attending an Atlanta Hawks basketball game. Smith clarified he attended a different sporting event—the Iowa Hawkeyes women’s basketball game—leading to bipartisan acknowledgment of the misunderstanding.

The hearing devolved into a contentious exchange of personal attacks and political recriminations. Republicans employed harsh language, calling Smith a “villain” and “dirtbag,” while Democrats accused Republican senators of trying to discredit law enforcement officials rather than focus on Trump’s alleged misconduct. Sen. Cory Booker (D-New Jersey) described the Republican line of questioning as “gaslighting,” while Sen. Dick Durbin (D-Illinois) called the attacks “petty, personal and political” distractions from unlawful conduct by Trump.

Smith also addressed the broader context of his work, decrying what he described as an unprecedented assault on the rule of law during the Trump administration, including the firing of key prosecutors from his team after Trump’s 2024 election comeback. He warned that individuals like himself faced potential retaliation and legal threats, citing ongoing investigations that some Democrats view as politically motivated efforts to intimidate former and current officials.

While Smith’s testimony was constrained by court-ordered secrecy rules preventing detailed discussion of grand jury materials, he reaffirmed belief in the integrity of his prosecutions and the necessity of the inquiries into efforts to undermine the 2020 election results. The hearing underscored the continuing political battle over Trump’s legal legacy and the Justice Department’s role in investigating a former president.