Durbin Previews Tomorrow’s Judiciary Committee Hearing With Former Special Counsel Jack Smith

Durbin Previews Tomorrow's Judiciary Committee Hearing With Former Special Counsel Jack Smith

WASHINGTON - In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, previewed tomorrow's Senate Judiciary Committee hearing with former Special Counsel Jack Smith. In November 2022, then-Attorney General Merrick Garland appointed Mr. Smith, a nonpartisan career prosecutor, as Special Counsel with authority to investigate President Trump's efforts to overturn the 2020 election, as well as Trump's effort to illegally retain highly classified government documents. As a result of these investigations, Special Counsel Smith indicted Trump on four counts in the election interference case, and 40 counts in the classified documents case.

Mr. Smith has offered to testify publicly under oath before the Senate Judiciary Committee for almost a year. Instead of allowing Mr. Smith to testify, Senate Judiciary Republicans held wasteful hearings to relitigate the 2020 presidential election, despite numerous other issues worth examining within the Committee's jurisdiction.

"Tomorrow, finally, the Senate Judiciary Committee will hear from former Special Counsel Jack Smith," said Durbin. "In 2020, President Trump spent months spreading the 'Big Lie' that the 2020 election was stolen… He pressured state election officials, his own Vice President, the Justice Department, and Members of Congress to overturn the results of the election. This culminated in the January 6 attack on the Capitol, where President Trump's supporters tried to violently prevent the constitutional certification of the 2020 election."

Durbin continued, "But instead of condemning this egregious criminal conduct… my Republican colleagues are spreading baseless conspiracy theories and attacking career prosecutors and FBI agents, claiming the so-called 'deep state' is out to get Donald Trump."

When Trump was re-elected president in November 2024, Special Counsel Smith moved to dismiss the cases against him based on the Department of Justice's position that the Constitution forbids the federal indictment and prosecution of a sitting president. Following the dismissal, Special Counsel Smith provided Garland a two-volume report outlining his findings in both investigations. While Garland released Volume I, concerning the election interference case, Judge Aileen Cannon enjoined DOJ from releasing Volume II, concerning the classified documents case.

In October 2025, and again in February 2026, Durbin 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 letters, the Senators also urged Chairman Grassley to request DOJ release Volume II of Special Counsel Smith's report.

"Now, after years of criticism and multiple hearings about the investigations, Senate Judiciary Republicans are finally holding a hearing with Jack Smith… Jack Smith asked Republicans… for the opportunity to testify under oath to the Judiciary Committee nearly a year ago-back in October 2025. They ignored it. At the time, Judiciary Committee Democrats sent a letter urging the Chairman of the Judiciary Committee to stop complaining and bring Mr. Smith before the Committee… We made this request again in February 2026… The Chairman had declined to bring Smith before the Committee, claiming that the Committee needed more time to gather information," Durbin said. "Still, Republicans on the Committee have made no effort to obtain a copy of Volume II of Jack Smith's report, which details the findings from the criminal investigation into President Trump's alleged mishandling of classified materials."

Durbin continued, "If this hearing was really about getting answers, Committee Republicans would be doing everything they could to obtain a copy of Volume II and urge the Department of Justice to allow Smith to discuss his investigation."

Durbin concluded, "Despite these impediments, I'm glad my Republican colleagues will finally address these concerns directly. It's about time, and in fact it is well past time, for this Committee, the Judiciary Committee, to move on from and stop spreading political rumors and get down to the truth."

Video of Durbin's remarks on the Senate floor is available here.

Audio of Durbin's remarks on the Senate floor is available here.

Footage of Durbin's remarks on the Senate floor is available here for TV Stations.

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