Senate Judiciary Committee Democrats, led by Ranking Member Dick Durbin (D-IL), have formally requested that Chairman Chuck Grassley (R-IA) allow former Special Counsel Jack Smith to testify publicly before the committee. In a letter sent on October 30, 2025, the Democratic senators also urged Grassley to seek the release of Volume II of the unredacted “Final Report of the Special Counsel’s Investigations and Prosecutions” from the Department of Justice (DOJ). This report was submitted to then-Attorney General Merrick Garland in January 2025.
“We respectfully request that you call former Special Counsel Jack Smith to testify publicly before the Senate Judiciary Committee. We also ask that you request the Department of Justice (DOJ) transmit to the Committee Volume II of the unredacted ‘Final Report of the Special Counsel’s Investigations and Prosecutions,’ submitted on January 7, 2025, by then-Special Counsel Jack Smith to the Attorney General, as well as any underlying materials not already produced related to Volumes I and II,” wrote the senators.
The request follows an offer last week from Smith himself to appear publicly before the committee. The senators stated that his testimony would provide transparency regarding his findings and address what they described as mischaracterizations by the Trump Administration. They emphasized that sworn testimony from Smith is necessary for addressing questions raised by Republicans on the committee.
“As was made clear in Mr. Smith’s October 21, 2025 letter clarifying factual details about the tolling records and his October 23, 2025 letter asking to testify publicly before the Committee, the former Special Counsel is best positioned to speak on these matters. Because of his direct knowledge of the decisions and actions taken under his leadership as Special Counsel, calling Mr. Smith to testify publicly would be a transparent means of answering the questions you and our colleagues have raised,” continued their letter.
The senators explained their reasoning for requesting Volume II, noting it had been withheld initially so as not to prejudice President Trump’s then-codefendants. They said that after cases against those individuals were dropped, there was no longer a reason for withholding this part of the report.
“We also ask that you press DOJ to produce an unredacted copy of Volume II of Special Counsel Smith’s Report, as well as any supporting underlying materials related to Volumes I and II. While Volume I has already been made public, Volume II was not released to avoid any prejudice to President Trump’s then-codefendants. On January 13, 2025, we wrote to DOJ asking that all records related to Special Counsel’s investigations be preserved so that they could be produced to the Committee at the appropriate time,” they wrote.
“Providing both volumes to the Committee would be in keeping with longstanding practice of such information being made available to Congress and the public, and the complete Report and its underlying materials would support inquiries you and our colleagues have initiated,” they added.
The letter referenced recent actions by Chairman Grassley involving requests for information about subpoenas issued for phone records belonging to eight Senators around January 6, 2021. The Democratic senators said these investigative steps should not come as a surprise given what was documented in Volume I regarding communications between President Trump or his representatives and Republican Senators during efforts related to certification of election results.
“If the Department of Justice is committed to full transparency, as Attorney General claimed when she testified earlier this month, then DOJ should be willing to release full Report to Committee. If Committee wants understanding why Special Counsel subpoenaed toll records of Committee Members, Mr. Smith should be invited appear before Committee for public testimony. Given seriousness matter, it imperative we understand full extent then-Special Counsel Smith’s investigation and Members given opportunity hear from him directly,” concluded their letter.
Other signatories include Senators Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Cory Booker (D-NJ), Alex Padilla (D-CA), Peter Welch (D-VT), and Adam Schiff (D-CA).
A PDF copy of their letter is available online.
