Durbin Leads Judiciary Democrats In Calling On Chairman Grassley To Allow Former Special Counsel Jack Smith To Testify Publicly Before Committee

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today led all Senate Judiciary Democrats in sending a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-IA) calling on him to allow former Special Counsel Jack Smith to testify before the Committee. In their letter, the Senators also urged Chairman Grassley to request the U.S. Department of Justice (DOJ) release Volume II of the unredacted "Final Report of the Special Counsel's Investigations and Prosecutions," which was submitted to then-Attorney General (AG) Merrick Garland in January 2025.

"We respectfully request that you call former Special Counsel Jack Smith to testify publicly before the Senate Judiciary Committee. We also ask that you request the Department of Justice (DOJ) transmit to the Committee Volume II of the unredacted 'Final Report of the Special Counsel's Investigations and Prosecutions,' submitted on January 7, 2025, by then-Special Counsel Jack Smith to the Attorney General, as well as any underlying materials not already produced related to Volumes I and II," the Senators wrote.

Last week, former Special Counsel Smith offered to appear publicly before the Committee to shed light on his findings and counter the mischaracterizations of his work by the Trump Administration. The Senators underscored that sworn testimony from former Special Counsel Smith is the most transparent means of getting answers to questions posed by Republicans on the Committee.

"As was made clear in Mr. Smith's October 21, 2025 letter clarifying factual details about the tolling records and his October 23, 2025 letter asking to testify publicly before the Committee, the former Special Counsel is best positioned to speak on these matters. Because of his direct knowledge of the decisions and actions taken under his leadership as Special Counsel, calling Mr. Smith to testify publicly would be a transparent means of answering the questions you and our colleagues have raised," the Senators continued their letter.

The Senators explained their request for Volume II of Special Counsel Smith's Report, noting that it was originally withheld to avoid any prejudice to President Trump's then-codefendants. In January 2025, Democratic Members of the Committee sent a preservation letter to the Department, so the full Report and underlying materials could be provided to the Committee at the appropriate time.

"We also ask that you press DOJ to produce an unredacted copy of Volume II of Special Counsel Smith's Report, as well as any supporting underlying materials related to Volumes I and II. While Volume I has already been made public, Volume II was not released to avoid any prejudice to President Trump's then-codefendants. On January 13, 2025, we wrote to DOJ asking that all records related to Special Counsel's investigations be preserved so that they could be produced to the Committee at the appropriate time," the Senators wrote.

"Providing both volumes to the Committee would be in keeping with the longstanding practice of such information being made available to Congress and the public, and the complete Report and its underlying materials would support the very inquiries you and our colleagues have initiated," the Senators wrote.

The Senators concluded their letter by referring back to AG Bondi's claim that DOJ is committed to transparency, and they urged Chairman Grassley to pursue the release of the full Report to the Committee.

"If the Department of Justice is committed to full transparency, as the Attorney General claimed when she testified earlier this month, then DOJ should be willing to release the full Report to the Committee. If the Committee wants to understand why the Special Counsel subpoenaed the toll records of Committee Members, Mr. Smith should be invited to appear before the Committee for public testimony. Given the seriousness of the matter, it is imperative we understand the full extent of then-Special Counsel Smith's investigation and Members be given the opportunity to hear from him directly," the Senators concluded their letter.

Joining Durbin in sending today's letter are U.S. Senators Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Cory Booker (D-NJ), Alex Padilla (D-CA), Peter Welch (D-VT), and Adam Schiff (D-CA).

For a PDF copy of the letter is available here.

October 30, 2025

Dear Chairman Grassley:

We respectfully request that you call former Special Counsel Jack Smith to testify publicly before the Senate Judiciary Committee. We also ask that you request the Department of Justice (DOJ) transmit to the Committee Volume II of the unredacted "Final Report of the Special Counsel's Investigations and Prosecutions," submitted on January 7, 2025, by then-Special Counsel Jack Smith to the Attorney General, as well as any underlying materials not already produced related to Volumes I and II.

Earlier this month, you released information regarding the issuance of a grand jury subpoena for the toll records of eight Senators related to their phone activity immediately before, during, and after the January 6, 2021 attack on the U.S. Capitol. You then led letters to DOJ and the Federal Bureau of Investigation-as well as an additional four letters to telecommunications companies and five letters to other federal entities-requesting access to information relevant to the tolling records collected on specific Members of Congress. Senate Judiciary Republicans then proceeded to press Attorney General Bondi to open an investigation into Mr. Smith and claimed that Congress has "yet to learn of any legal predicate for… issuing subpoenas" to obtain these records.

It is understandable that Senators would seek clarity when their name or phone activity is of interest in any federal investigation, especially one examining President Trump's role in attempting to overturn the 2020 election and disrupting Congress's duty to certify a presidential election. However, the Special Counsel taking investigative measures-such as obtaining tolling records-should not be a surprise to anyone who read Volume I of his Report. As Volume I documents, and as has been widely reported, President Trump and his representatives called multiple Republican Senators to urge them to delay certification of the election. As was made clear in Mr. Smith's October 21, 2025 letter clarifying factual details about the tolling records and his October 23, 2025 letter asking to testify publicly before the Committee, the former Special Counsel is best positioned to speak on these matters. Because of his direct knowledge of the decisions and actions taken under his leadership as Special Counsel, calling Mr. Smith to testify publicly would be a transparent means of answering the questions you and our colleagues have raised.

We also ask that you press DOJ to produce an unredacted copy of Volume II of Special Counsel Smith's Report, as well as any supporting underlying materials related to Volumes I and II. While Volume I has already been made public, Volume II was not released to avoid any prejudice to President Trump's then-codefendants. On January 13, 2025, we wrote to DOJ asking that all records related to Special Counsel's investigations be preserved so that they could be produced to the Committee at the appropriate time. Since then, the Department has dropped the cases against both individuals, but has inexplicably continued to block disclosure of Volume II. Providing both volumes to the Committee would be in keeping with the longstanding practice of such information being made available to Congress and the public, and the complete Report and its underlying materials would support the very inquiries you and our colleagues have initiated, including the questions raised in your October 23, 2025 letter.

If the Department of Justice is committed to full transparency, as the Attorney General claimed when she testified earlier this month, then DOJ should be willing to release the full Report to the Committee. If the Committee wants to understand why the Special Counsel subpoenaed the toll records of Committee Members, Mr. Smith should be invited to appear before the Committee for public testimony. Given the seriousness of the matter, it is imperative we understand the full extent of then-Special Counsel Smith's investigation and Members be given the opportunity to hear from him directly.

We thank you for your prompt attention to this matter.

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