Jack Smith tells Senate panel he would prosecute Trump again; GOP senator's perjury accusation collapses over basketball game mix-up

Former special counsel Jack Smith testified before the Senate Judiciary Committee on Tuesday, Sept. 29, 2026, at the Hart Senate Office Building, defending his now-closed prosecutions of President Donald Trump and saying he would bring charges again on the same facts, according to Salon. The hearing was titled "Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters," Salon reported. During the session, Sen. Eric Schmitt (R-Mo.) accused Smith of perjury over alleged coordination with Fulton County District Attorney Fani Willis, an accusation that unraveled after Smith said he had attended a Maryland women's college basketball game involving Iowa rather than a "Hawks" game in Atlanta, according to the New York Post and CBS News.

Salon reported that Smith's two indictments — one over Trump's role in the Jan. 6 attack on the U.S. Capitol and one over his alleged mishandling of government records, including classified documents stored at Mar-a-Lago — both fell apart as Trump was elected to a second term. According to Salon, Smith told the committee, "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation," and added that if asked whether to prosecute a former president today on the same facts, he would do so regardless of whether that president was a Republican or a Democrat.

The New York Post reported that Schmitt suggested Smith was lying about not coordinating his case against Trump with Fani Willis, based on text messages the senator obtained that seemingly indicated Smith was "in Atlanta" attending a "Hawks game" in February 2024. According to CBS News, Schmitt said during the hearing, "I recall going to a University of Maryland basketball game where Caitlin Clark was playing right around that time." Sen. Amy Klobuchar (D-Minn.) responded by asking whether the University of Iowa is the Hawkeyes, and said, "But perhaps you should have looked at it more carefully," CBS reported. Smith replied that he attended the game because Caitlin Clark was coming to Maryland to play, according to CBS. The New York Post reported that Smith actually attended a women's college basketball game between the Maryland Terrapins and Iowa Hawkeyes, "or 'Hawks,' as they are occasionally known," and was not near Willis in Atlanta; Salon reported that Smith had watched the Hawkeyes play in Maryland. The New York Post stated that Schmitt's perjury accusation collapsed soon after he leveled it, while CBS reported Schmitt still stands by his overall message, calling Smith a "dirtbag" and telling him he was not the hero.

The New York Post reported that a camera in the hearing room zoomed in on Sen. Katie Britt (R-Ala.), seated next to Schmitt, as the perjury claim fell apart, and that her wide-eyed reaction went viral on social media. The outlet cited comments from podcaster Jessiah Eberlin, who called it a "look of UTTER HORROR"; journalist Matt Fuller, who wrote that Britt knew she was watching a staff mistake; and podcaster Noel Fogelman, who added "Curb Your Enthusiasm" theme music to the clip. Other social media users predicted the image would be widely shared, according to the New York Post.

Salon reported that Republican senators directed insults and accusations at Smith for hours during the hearing: Texas Sen. Ted Cruz accused him of bringing "the Department of Justice into disrepute," Louisiana Sen. John Kennedy told him, "You make me want to throw up in my mouth," and Missouri Sen. Eric Schmitt said Smith "will go down as a total dirtbag." Salon also reported that Schmitt is reportedly angling to be Vice President JD Vance's running mate in 2028.

Salon reported that Democrats defended Smith: Illinois Sen. Dick Durbin said, "The aspersions cast on Mr. Smith nonstop are petty, personal and political," and New Jersey Sen. Cory Booker said, "This is gaslighting of the American people," adding that he was sorry investigators were being put on trial while other conduct was being ignored. CBS News reported that Democrats criticized Schmitt for making the accusation without being more careful.

Salon reported that Republicans, including Trump, are pushing for Smith himself to be prosecuted, and framed the hearing as part of a broader effort by the president to control the narrative ahead of the midterms. No source reported any decision or action to prosecute Smith.

Where sources differ

• Salon describes Schmitt as having confused the Atlanta Hawks with the Iowa Hawkeyes, which it calls two different teams; the New York Post reports the same episode but states that Smith attended the Maryland Terrapins–Iowa Hawkeyes game and describes the Hawkeyes as occasionally known as 'Hawks,' while CBS News reports Schmitt recalled attending a University of Maryland basketball game where Caitlin Clark was playing.
• The New York Post and CBS News characterize Schmitt's claim as a perjury accusation, while Salon characterizes it as an attempt to corner Smith into possible perjury.
• The sources frame the hearing differently: Salon describes hours of partisan insults and accuses Republicans of rewriting history, the New York Post calls it a 'fiery congressional hearing' centered on Schmitt's accusation, and CBS News presents it around a 'flub' by Schmitt and Democratic criticism.

• No source establishes whether Smith will be prosecuted, whether any charging decision has been made, or what legal exposure he faces; Salon reports only that Republicans including Trump are pushing for it.
• No source includes any statement or response from Fulton County District Attorney Fani Willis or her office regarding Schmitt's allegation of coordination with Smith.
• No source includes a direct statement from President Donald Trump about the hearing or about prosecuting Smith; his position is reported only secondhand by Salon.
• No source includes any public statement from Sen. Katie Britt about the moment that went viral, and none establishes whether she commented.
• No source establishes the outcome of the hearing, any committee action, or whether a formal transcript or record was released.
• No source establishes who provided Schmitt with the text messages, whether his staff or office has commented on the mix-up, or whether he withdrew the perjury allegation.
• No source establishes the exact length of the hearing, the number of senators who spoke, or whether any other witnesses testified.
• No source establishes whether the two closed prosecutions of Trump could be revived or otherwise revisited.

1. Salon — original — by Troy Farah
2. CBS News
3. New York Post — by Victor Nava

Read the original at Salon

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