Senate Judiciary Democrats have called on Senator Chuck Grassley to apologize to Special Counsel Jack Smith, citing what they described as a "baseless accusation" during a recent hearing. The Democrats stated in a letter that Senator Ron Schmitt used a poster displaying text messages in an attempt to prove Smith was at an NBA game on February 3, 2024, around the same time local prosecutor Fani Willis was facing scrutiny.
Smith clarified that he did not attend the NBA game but was instead at a women's college basketball game at the University of Maryland. The exchange went viral, and Schmitt has reportedly shown no regret for the apparent misunderstanding. The Democrats wrote that Schmitt "incorrectly asserted to Mr. Smith, ‘I think you’ve already perjured yourself,’ and inexcusably branded him ‘a dirtbag,’ language which is beneath the dignity of this Committee and the Senate."
Democrats also criticized the withholding of notes from an August 17, 2024, phone call between Smith and the Justice Department's Public Integrity Section. Senators Schmitt and Josh Hawley referred to these notes during the hearing. The notes indicated that the Public Integrity Section advised Smith to wait to file an updated indictment against Donald Trump until after the 2024 presidential election. Smith had sought to file an amended indictment in the 2020 election subversion case following a Supreme Court ruling on presidential immunity.
Smith testified that several drafts of a superseding indictment were exchanged before one was approved and filed in August 2024. The Senate Judiciary Democrats requested that Grassley "immediately provide all committee records that you have withheld, commit to fully complying with Senate Rules … going forward, and apologize to Mr. Smith on behalf of the Committee."
Clare Slattery, a spokesperson for Grassley, stated, "it’s Jack Smith who owes an apology to the thousands of Americans he and his staff ran roughshod over." Spokespeople for Smith, Schmitt, and Hawley did not immediately respond to requests for comment.