Who is Jack Smith? The former federal special counsel is again in the national spotlight after appearing before the Senate Judiciary Committee on September 29, 2026, to defend his investigations involving President Donald Trump. Smith told senators that he stands by the work of his team and rejected allegations that his prosecutions were driven by partisan motives.
Smith’s appearance marks a new chapter in a career that has included federal prosecution, public-corruption investigations, international war-crimes work and one of the most closely watched assignments in the modern Justice Department.
Although Smith is no longer a special counsel, his former investigations remain politically and legally significant. Congress continues to examine how his team conducted its work, including its handling of communications records involving lawmakers.
The latest Senate hearing focused on Smith’s authority, his investigations and allegations that his office improperly targeted Republicans. Smith defended his decisions and argued that his prosecutors followed evidence and established legal procedures.
Who Is Jack Smith?
Jack Smith is an American lawyer and former federal prosecutor. He served as special counsel for the U.S. Department of Justice from November 2022 until January 2025.
Attorney General Merrick Garland appointed Smith on November 18, 2022. The appointment gave him authority to oversee two major federal investigations involving Donald Trump.
One investigation examined efforts to interfere with the transfer of presidential power after the 2020 election. The other concerned the retention of classified documents and other presidential records after Trump left the White House.
Before taking the special-counsel position, Smith had already built a long prosecutorial career. His professional background included federal criminal cases, public-integrity investigations and international criminal justice.
That history became an important part of his public profile when Garland selected him for the special-counsel assignment.
Smith was not an elected official. He spent most of his career working as a prosecutor or legal investigator rather than holding political office.
Jack Smith’s Early Legal Career
Smith began his prosecutorial career in 1994 as an assistant district attorney in the New York County District Attorney’s Office.
His early work gave him experience handling criminal cases in Manhattan. Five years later, he moved into federal prosecution.
In 1999, Smith joined the U.S. Attorney’s Office for the Eastern District of New York. He remained there for roughly nine years.
During that period, Smith worked on major criminal matters involving violent crime and civil-rights violations. He eventually became chief of the office’s Criminal Litigation Unit.
His federal experience placed him on a career path toward increasingly senior Justice Department positions.
Smith later moved into international criminal investigations, adding another area of experience to his prosecutorial background.
Jack Smith and the International Criminal Court
From 2008 through 2010, Smith worked with the Office of the Prosecutor at the International Criminal Court in The Hague.
His work involved investigations into serious international crimes, including war crimes.
The assignment gave Smith experience working outside the U.S. federal criminal system. It also exposed him to investigations involving complicated evidence, international witnesses and allegations involving government officials and military actors.
Smith later returned to the United States and resumed senior Justice Department work.
His international experience eventually became relevant again when he took a senior prosecutorial position involving Kosovo.
Smith’s Role in the Justice Department’s Public Integrity Section
In 2010, Smith returned to the Justice Department as chief of the Public Integrity Section.
The Public Integrity Section handles federal cases involving public corruption and certain election-related crimes. It can investigate allegations involving public officials and government institutions.
Smith led more than 30 prosecutors during his time heading the section, according to the Justice Department’s account of his career.
The position gave him experience with investigations involving elected officials and other people connected to government.
Smith remained in that role until 2015.
He then moved to the U.S. Attorney’s Office for the Middle District of Tennessee, where he served as first assistant U.S. attorney and later as acting U.S. attorney.
This portion of Smith’s career is important when examining his later appointment. By the time he became special counsel, he had already spent decades handling criminal investigations.
Smith’s Work in Kosovo
Before returning to the United States for the Trump investigations, Smith served as Specialist Prosecutor for the Kosovo Specialist Chambers in The Hague.
He held the position from 2018 until 2022.
The Kosovo Specialist Chambers investigates allegations of serious crimes connected to the Kosovo conflict. Smith served as the organization’s chief prosecutor.
His responsibilities included overseeing investigations and prosecutions involving alleged war crimes and other serious offenses.
The position required Smith to work on cases involving senior political and military figures.
He left that role after Garland selected him as special counsel in November 2022.
Why Was Jack Smith Appointed Special Counsel?
Garland appointed Smith during a politically sensitive period.
Trump had announced his campaign for another presidential term. President Joe Biden was also seeking another term at the time.
Garland said the circumstances warranted the appointment of a special counsel.
Smith received authority to continue two Justice Department investigations involving Trump.
The first concerned efforts surrounding the 2020 presidential election and the transfer of power.
The second involved classified documents and other presidential records that remained in Trump’s possession after his first presidency.
Smith’s appointment meant that a career prosecutor, rather than a political appointee directly overseeing the investigation, would lead the two matters under special-counsel rules.
His office subsequently became one of the most prominent federal prosecutorial operations in the country.
The Election Investigation
One of Smith’s central investigations focused on efforts to prevent or delay the transfer of presidential power following the 2020 election.
The investigation examined Trump’s actions and those of other individuals involved in efforts to challenge the election results.
In August 2023, Smith’s office obtained a federal indictment against Trump.
The indictment contained four criminal counts related to efforts to overturn the 2020 election results.
The case presented complicated constitutional questions because it involved the conduct of a former president.
Trump pleaded not guilty and disputed the allegations.
The case never reached a criminal trial.
The legal situation changed significantly after the U.S. Supreme Court issued its presidential-immunity ruling in 2024.
Trump’s return to the presidency following the 2024 election created another major obstacle for the prosecution.
The Justice Department’s longstanding position was that a sitting president could not be federally prosecuted while serving as president.
Smith’s team ultimately ended the federal case after Trump returned to the White House.
The Classified Documents Investigation
Smith’s second major investigation concerned classified documents and other presidential records retained after Trump left office.
Federal prosecutors alleged that Trump unlawfully retained classified materials and later obstructed government efforts to recover them.
Smith’s office charged Trump in 2023.
The case included allegations concerning documents stored at Trump’s Mar-a-Lago property in Florida.
The investigation also examined whether efforts were made to prevent federal officials from recovering government records.
Trump denied wrongdoing.
In July 2024, U.S. District Judge Aileen Cannon dismissed the case. Her ruling focused on Smith’s appointment and concluded that the special counsel’s appointment violated the Constitution’s Appointments Clause.
The Justice Department appealed the ruling.
The prosecution ultimately did not proceed to trial against Trump.
The documents case therefore became another major part of Smith’s special-counsel record without producing a criminal verdict against Trump.
How Many Charges Did Smith Bring Against Trump?
Smith’s two federal indictments against Trump contained dozens of criminal counts.
The election case contained four counts.
The classified-documents case contained 40 counts in the indictment brought against Trump.
The charges involved two separate investigations with different factual and legal questions.
The election case centered on actions surrounding the 2020 election and the transfer of presidential power.
The documents case focused on classified materials and presidential records retained after Trump’s first presidency.
Neither prosecution resulted in a trial against Trump.
This distinction matters when discussing Smith’s record. An indictment represents criminal allegations brought by prosecutors. It is not a finding of guilt.
What Happened to Jack Smith’s Investigations?
Both federal investigations ended after Trump’s return to the presidency.
The documents prosecution had already faced a major legal setback after Judge Cannon dismissed the case in 2024.
The election case remained active for longer. However, Trump’s victory in the 2024 presidential election changed the legal circumstances surrounding the prosecution.
Smith’s team moved to end the case after Trump became president-elect.
Smith then prepared his final report.
On January 7, 2025, he submitted the first volume of that report to Attorney General Garland.
The report covered the election investigation and explained the evidence and legal reasoning developed by Smith’s office.
Smith left the Justice Department on January 10, 2025.
At that point, his formal role as special counsel ended.
What Did Jack Smith’s Final Report Say?
Smith’s final report provided the Justice Department’s account of the election investigation.
The report stated that prosecutors believed the evidence supported the criminal charges brought against Trump.
It also explained how the investigation developed and why prosecutors pursued the charges.
Because Trump had returned to the presidency, the case could not continue in the same manner.
Smith’s report therefore became an important public record of the investigation.
The report also drew criticism from Trump’s legal team, which disputed Smith’s conclusions and objected to its public release.
The report itself remains part of the Justice Department’s archived special-counsel records.
Why Is Jack Smith in the News in September 2026?
Smith returned to the national spotlight on September 29, 2026, when he testified before the Senate Judiciary Committee.
The committee held a hearing titled “Oversight of Jack Smith’s Abuse of Authority and the Targeting of Republicans and Related Matters.”
Smith appeared as a former special counsel.
Republican senators questioned him about the conduct of his investigations, including the collection of communications records involving lawmakers.
They also challenged his handling of investigative powers and questioned whether his office acted appropriately.
Smith rejected the allegations.
He defended the investigations and said his decisions were based on evidence rather than political considerations.
The hearing became the latest public examination of Smith’s work more than a year after he left the Justice Department.
The Congressional Communications Controversy
One of the most significant issues surrounding Smith’s current congressional scrutiny involves communications records.
Republican lawmakers have questioned whether Smith’s investigative team improperly obtained records connected to members of Congress and other individuals.
Smith defended the investigative steps during his Senate testimony.
He said investigators needed the records to examine possible coordination surrounding the January 6, 2021, attack on the U.S. Capitol.
Republican lawmakers have offered a different interpretation of the conduct.
They argue that Smith’s team went beyond appropriate investigative authority.
The dispute remains a central issue in congressional scrutiny of Smith.
The controversy should be separated from the established fact that Smith’s office conducted the investigations and used legal investigative tools during its work. The dispute concerns whether particular investigative steps were proper.
House Republicans Referred Smith to the Justice Department
The congressional scrutiny is not limited to the Senate.
On July 22, 2026, House Judiciary Committee Chairman Jim Jordan referred Smith to the Justice Department for potential criminal prosecution.
Jordan alleged that Smith made false statements during a congressional deposition.
The referral concerned Smith’s testimony about investigative records and communications involving members of Congress.
A congressional referral does not itself constitute a criminal charge.
It also does not establish guilt.
The allegations remain disputed.
Smith’s legal team has rejected the accusations, while Republican lawmakers have continued to argue that his testimony requires criminal investigation.
The issue has contributed to the renewed public attention surrounding Smith.
What Did Smith Say at the Senate Hearing?
During the September 29 hearing, Smith defended the conduct of his former office.
He rejected allegations that the Trump investigations were politically motivated.
Smith also pushed back against threats of prosecution connected to his testimony and previous investigative work.
Republican senators challenged his decisions and questioned the authority used by his team.
Democratic senators defended Smith and argued that the investigations were legitimate.
The hearing therefore presented competing accounts of the same investigative record.
The central factual point is that Smith remains a former special counsel. He is not currently running a federal investigation into Trump.
Is Jack Smith Still a Special Counsel?
No.
Smith’s special-counsel appointment ended when he left the Justice Department in January 2025.
He is now a former special counsel.
His current public role involves responding to congressional scrutiny of his previous work rather than exercising special-counsel authority.
This distinction is important because Smith’s name continues to appear in current political and legal coverage.
His former investigations remain subjects of congressional hearings and disputes, but he no longer controls those cases.
Jack Smith Career Timeline
| Year | Career development |
|---|---|
| 1994 | Began prosecutorial career in the New York County District Attorney’s Office |
| 1999 | Joined the U.S. Attorney’s Office for the Eastern District of New York |
| 2008–2010 | Worked with the International Criminal Court |
| 2010 | Became chief of the Justice Department’s Public Integrity Section |
| 2015 | Joined the U.S. Attorney’s Office for the Middle District of Tennessee |
| 2018 | Became Specialist Prosecutor for the Kosovo Specialist Chambers |
| 2022 | Appointed Justice Department special counsel |
| 2023 | Brought federal indictments against Trump |
| 2024 | Classified-documents case dismissed; election case affected by presidential-immunity ruling |
| January 2025 | Submitted final report and left the Justice Department |
| September 2026 | Testified before the Senate Judiciary Committee |
What Is Jack Smith Doing Now?
Jack Smith is no longer working for the Justice Department.
His special-counsel assignment ended in January 2025.
In 2026, his public activities have centered on responding to congressional investigations concerning his former work.
His September 29 Senate testimony placed him directly before lawmakers examining the decisions made by his former investigative team.
The House Judiciary Committee’s criminal referral has also kept Smith in the spotlight.
At present, the major developments surrounding Smith involve congressional scrutiny, disputed allegations about investigative practices and his defense of the work performed while he served as special counsel.
Why Does Jack Smith Remain Relevant?
Smith remains relevant because his investigations became closely connected to the legal history surrounding Trump’s first presidency and subsequent return to office.
His career also illustrates the role that career prosecutors can play in politically sensitive federal investigations.
His work before the Trump cases included decades of domestic and international prosecution.
That background helps explain why Garland selected him for the special-counsel position.
At the same time, the continuing congressional investigations show that the story did not end when Smith left the Justice Department.
Lawmakers are still examining investigative methods, subpoenas, communications records and testimony.
Those proceedings have produced competing claims about Smith’s conduct.
For readers searching for who is Jack Smith today, the clearest answer is straightforward: he is a former federal prosecutor and former Justice Department special counsel whose investigations of Donald Trump ended after Trump’s return to the presidency, while congressional scrutiny of Smith’s methods continues in 2026.
Frequently Asked Questions
Who is Jack Smith?
Jack Smith is a former federal prosecutor who served as Justice Department special counsel from November 2022 until January 2025. He previously held senior prosecutorial positions in the United States and worked on international criminal investigations.
Why did Jack Smith become well known?
He became widely known after being appointed to investigate Donald Trump in two federal matters involving the 2020 election and classified documents.
Is Jack Smith still a special counsel?
No. Smith left the Justice Department in January 2025 after completing his work as special counsel.
Did Jack Smith indict Donald Trump?
Yes. Smith’s office brought two federal indictments against Trump. One involved the 2020 election, while the other concerned classified documents and presidential records.
Did Donald Trump go to trial in Jack Smith’s cases?
No. Neither federal case resulted in a criminal trial against Trump.
Why was the classified-documents case dismissed?
A federal judge dismissed the case in July 2024 after ruling that Smith’s appointment as special counsel was unconstitutional.
What happened to the election case?
The election case ended after Trump returned to the presidency following the 2024 election. Smith later submitted his final report to the Justice Department.
What is Jack Smith doing now?
Smith is a former Justice Department official. In 2026, he has been involved in congressional scrutiny concerning his former investigations and investigative methods.
Why did Jack Smith testify before the Senate?
The Senate Judiciary Committee held an oversight hearing concerning Smith’s authority, his former investigations and allegations involving the targeting of Republicans.
Was Jack Smith referred for possible prosecution?
Yes. House Judiciary Committee Chairman Jim Jordan referred Smith to the Justice Department in July 2026 over allegations involving statements Smith made during congressional testimony. The referral itself is not a criminal conviction or judicial finding.
Jack Smith’s career now includes decades of federal and international prosecution, followed by one of the most closely examined special-counsel assignments in recent U.S. history. His investigations have ended, but congressional examination of how they were conducted remains active.
What do you think about the latest developments involving Jack Smith? Share your thoughts in the comments and stay informed as the congressional scrutiny continues.
