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EXCLUSIVE: Former Special Counsel Jack Smith is requesting to testify in open, public hearings before the House and Senate Judiciary Committees, Fox News Digital has learned.
Fox News Digital exclusively obtained a letter Smith’s attorneys sent to House Judiciary Committee Chairman Jim Jordan and Senate Judiciary Committee Chairman Chuck Grassley Thursday afternoon, after both panels signaled interest in testimony from the former special counsel.
“Given the many mischaracterizations of Mr. Smith’s investigation into President Trump’s alleged mishandling of classified documents and role in attempting to overturn the results of the 2020 election, Mr. Smith respectfully requests the opportunity to testify in open hearings before the House and Senate Judiciary Committees,” Smith attorneys Lanny Breuer and Peter Koski wrote.
Former Special Counsel Jack Smith is requesting to testify in open, public hearings before the House and Senate Judiciary Committees. (Al Drago/Bloomberg via Getty Images)
“During the investigation of President Trump, Mr. Smith steadfastly adhered to established legal standards and Department of Justice guidelines, consistent with his approach throughout his career as a dedicated public servant,” they wrote.
“He is prepared to answer questions about the Special Counsel’s investigation and prosecution, but requires assurance from the Department of Justice that he will not be punished for doing so,” they continued. “To that end, Mr. Smith needs guidance from the Department of Justice regarding federal grand jury secrecy requirements and authorization on the matters he may speak to regarding, among other things, Volume II of the Final Report of the Special Counsel, which is not publicly available.”
Smith’s attorneys also noted that in order to provide “full and accurate answers to your questions, Mr. Smith requires access to the Special Counsel files, which he no longer has the ability to access.”
Rep. Jim Jordan, R-Ohio, chairman of the House Judiciary Committee, leaves the Republican caucus meeting at the Capitol in Washington, Oct. 12, 2023. (Jose Luis Magana/The Associated Press )
JACK SMITH DEFENDS SUBPOENAING REPUBLICAN SENATORS’ PHONE RECORDS: ‘ENTIRELY PROPER’
“With the guidance and access described above, Mr. Smith is available to testify in an open hearing at your earliest convenience,” they wrote.
A source familiar told Fox News Digital that Smith’s attorneys are planning to officially seek guidance from the Department of Justice on the matter.
The letter from Smith’s attorneys comes after Jordan, R-Ohio, requested Smith appear for a closed-door transcribed interview and provide all records from his work related to President Donald Trump.
Senator Chuck Grassley, a Republican from Iowa and chairman of the Senate Judiciary Committee, speaks during a hearing in Washington, Sept. 16, 2025. (Al Drago/Bloomberg via Getty Images)
The letter also comes after Grassley, R-Iowa, and nearly two dozen Senate Republicans demanded that the Department of Justice and FBI release documents on Smith’s decision to subpoena telecommunications companies for phone records of a number of Senate Republicans during his probe into Jan. 6, 2021.
Fox News Digital exclusively reported earlier in October that Smith tracked the private communications and phone calls of GOP Sens. Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Dan Sullivan of Alaska, Tommy Tuberville of Alabama and GOP Rep. Mike Kelly of Pennsylvania as part of his “Arctic Frost” investigation.
An official said the records were collected in 2023 by Smith and his team after subpoenaing major telephone providers.
FBI Director Kash Patel shakes hands with Republican Senator Chuck Grassley of Iowa during a Senate Judiciary hearing on Sept. 16, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
An FBI official told Fox News Digital that Smith and his team tracking the senators were able to see which phone numbers they called, the location the phone call originated and the location where it was received.
A source said the calls were likely in reference to the vote to certify the 2020 election.
Smith, though, called his decision to subpoena several Republican lawmakers’ phone records “entirely proper” and consistent with Justice Department policy.
“As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,” Smith’s lawyers wrote Tuesday to Grassley.
Former Attorney General Merrick Garland, President Donald Trump and Special Counsel Jack Smith. (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)
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Smith was appointed special counsel by Attorney General Merrick Garland in November 2022.
Smith, after months of investigating, charged Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request.
Smith’s case cost taxpayers more than $50 million.
“Jack Smith certainly has a lot of answering to do, but first, Congress needs to have all the facts at its disposal,” Grassley told Fox News Digital Thursday. “Hearings should follow once the investigative foundation has been firmly set, which is why I’m actively working with the DOJ and FBI to collect all relevant records that Mr. Smith has had years to become familiar with.”
Fox News Digital reached out to Jordan for comment and has yet to receive a reply.
Fox News’ Ashley Oliver contributed to this report.
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