Former special counsel Jack Smith will testify Tuesday before the Senate Judiciary Committee.
The hearing is set to begin at 9 a.m. EDT on Tuesday, Sept. 29. Watch it live in the player above.
This week's hearing comes after a key Republican lawmaker said in July he believes that Smith may have lied to Congress while testifying about his investigation of President Donald Trump and that the Justice Department should consider prosecuting him. Lawyers for Smith denied the allegation and said he testified truthfully.
Rep. Jim Jordan, R-Ohio, the chairman of the House Judiciary Committee, referred Smith to the Justice Department on allegations he made false statements in December during closed-door testimony about whether he had obtained records of lawmakers while investigating Trump's efforts to overturn his 2020 presidential election loss.
The referral centered on an exchange in which Smith was asked about subpoenas that prosecutors had issued for the toll records of some Republican lawmakers as part of the investigation. Toll records show the time, date, length of call and phone numbers involved but do not reveal the content of the communication.
"Did the toll records that you requested from the senators, did they include the content of the phone calls?" Smith was asked.
"No," he said. He again answered no when asked whether the toll records he had requested included the content of text messages.
Jordan, in his referral, said that that answer was misleading in light of newly released records from Sen. Chuck Grassley, R-Iowa, showing that Smith had obtained the contents of 44 lawmakers' text messages in a separate subpoena to the National Archives and Records Administration that sought the communications of various Trump advisers and aides.
"The responses provided by Mr. Smith gave the impression that neither Mr. Smith nor his team had access to the content of Members' privileged text messages. We now know this to be false," Jordan wrote.
In a letter to Jordan and Rep. Jamie Raskin of Maryland, the top Democrat on the Judiciary Committee, Smith's lawyers called his answers "unimpeachably truthful" and noted that he was responding explicitly to questions about toll records, which did not include the contents of any text messages.
A criminal referral to the Justice Department from Congress or any other party has no legal authority and does not compel prosecutors to act. But the department under the Trump administration has proved to be eager to investigate and in some cases prosecute foes of the president. Smith is certainly one such adversary, with Trump having called him "deranged" and urging his prosecution.
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"During his testimony, Mr. Smith provided truthful, responsive answers and candidly discussed his work as Special Counsel," wrote Smith's lawyers, Peter Koski and Lanny Breuer. "This referral reflects a chilling eagerness to weaponize the justice system by attacking a career, nonpartisan public servant who faithfully and fearlessly performed his duties by following the facts and the law."
Smith also appeared before the House Judiciary Committee in January for a public hearing that provided the prosecutor with a forum to address Congress and the country more generally about the breadth of evidence he collected during investigations that shadowed Trump during the 2024 presidential campaign and resulted in indictments.
The hourslong hearing immediately split along partisan lines as Republican lawmakers sought to undermine the former Justice Department official while Democrats tried to elicit damaging testimony about Trump's conduct and accused their GOP counterparts of attempting to rewrite history.
WATCH: Jack Smith defends criminal investigations into Trump during House hearing
Smith told lawmakers that he stood behind his decisions as special counsel to bring charges against Trump in separate cases that accused the Republican of conspiring to overturn the 2020 presidential election after he lost to Democrat Joe Biden and hoarding classified documents at his Mar-a-Lago estate in Palm Beach, Florida, after he left the White House.
"Our investigation developed proof beyond a reasonable doubt that President Trump engaged in criminal activity," Smith said. "If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat."
Smith resigned from the Justice Department in early 2025, 10 days before Trump was inaugurated again.