Former Special Counsel Jack Smith is pushing to drag his full Trump probe into daylight, asking Congress for an open mic and the Justice Department for the keys to the files that his team produced. In a letter to House and Senate Judiciary leaders, Smith’s attorneys at Covington & Burling wrote that he “respectfully requests the opportunity to testify in open hearings,” adding that to answer lawmakers’ questions he needs DOJ “guidance” on grand jury rules and access to the Special Counsel records. “In addition, to provide full and accurate answers to your questions, Mr. Smith requires access to the Special Counsel files, which he no longer has the ability to access,” they wrote.
That request lands squarely on Attorney General Pam Bondi’s desk. Volume Two of Smith’s final report, the portion that details the classified documents case, remains under DOJ control and out of public view. House Democrats have pressed the department to release the withheld volume, noting that the related prosecutions of Walt Nauta and Carlos De Oliveira have since been dropped. In July, Judiciary Democrats addressed Bondi directly about the still-sealed material, underscoring that taxpayers funded the work and deserve to see it.
Smith led the federal investigations that produced two indictments of Donald Trump after the 2020 election. As the Biden administration wound down in early 2025, Smith transmitted his final report to DOJ, with Volume One made public and Volume Two held back pending the co-defendants’ cases. Democrats quickly argued that releasing the full record would serve the public interest, even urging then-Attorney General Merrick Garland to resolve the co-defendant cases to clear the way.
Now the fight has shifted to transparency on Capitol Hill. Smith’s lawyers told Chairs Jim Jordan and Chuck Grassley that their client will show up and answer questions in the open, but only with permission to discuss grand jury material and the still-secret Volume Two.
The letter states Smith “needs guidance from the Department of Justice regarding federal grand jury secrecy requirements and authorization on the matters he may speak to,” including “Volume II of the Final Report of the Special Counsel, which is not publicly available.” The request for an open forum is not a small thing, witnesses who opt for closed sessions risk having their words selectively dribbled out later. Smith’s team is clearly trying to prevent that.
Grassley acknowledged Smith’s willingness to testify and noted the former special counsel’s need for DOJ guidance and access, a nod that the committee expects the department to weigh in before dates are set. That puts Bondi, confirmed earlier this year as attorney general, in the position of deciding whether to unlock the files Smith says he needs to give “full and accurate answers.”
The transparency drumbeat is not coming from Smith’s corner alone. In January, the White House billed Trump as “the most transparent and accessible president in American history,” a boast that Democrats later cited while pushing DOJ to publish Smith’s complete findings. If Bondi keeps Volume Two under wraps while Smith prepares to testify, expect that quote to echo through any hearing room.
Smith wants the second volume released or at least available to him, Congress wants answers in public, and the decision sits with DOJ leadership.
