Ex-special counsel says he would prosecute Trump again based on same evidence

Former US special counsel Jack Smith has told senators he “will not be silenced by continued threats of prosecution” as he defended the federal criminal cases he brought against President Donald Trump.

Smith told the Senate Judiciary Committee on Tuesday that his investigations were based on evidence and conducted without regard to politics.

“I made those decisions without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 presidential election,” Smith said, according to the Associated Press.

Smith brought two federal indictments against Trump, involving his efforts to overturn teh 2020 election result and his handling of classified documents.

Boht cases were dropped after Trump returned to the White House, citing longstanding Justice Department policy against prosecuting a sitting president.

Republican senators accused Smith of overreach, particularly over subpoenas for phone records of Republican lawmakers during the election investigation.

Senate Judiciary Committee chairman Chuck Grassley said the case involved “partisan agents and prosecutors mapping out the Republican apparatus.”

Democrats defended Smith, with Sen. Dick Durbin accusing Republicans of spreading “baseless conspiracy theories” about the investigations.

Smith has also faced a criminal referral from Republican Rep. Jim Jordan over allegations that he misled Congress about records obtained during his investigation. Smith’s lawyers dispute the allegation.