He said he would bring the same cases today whether the defendant were a Republican or a Democrat. The hearing split hard along party lines.
TL;DR: Smith defended both Trump prosecutions and said the facts would still support charges. Republicans used the hearing to attack past probes. A criminal referral from Congress is not an automatic indictment.
Status note: Checked 29 September 2026 against PBS NewsHour coverage of the live hearing. Follow-up DOJ action is separate from testimony.
What Smith said
Smith told lawmakers he stood behind decisions to bring charges accusing Trump of conspiring to overturn the 2020 election and of mishandling classified documents at Mar-a-Lago.
He said he would charge a former president on the same facts today regardless of party.
The political frame
Republicans sought to undermine Smith. Democrats tried to draw out Trump's conduct and accused the majority of rewriting history.
In July a key Republican suggested Smith may have lied to Congress; Smith's lawyers denied that. A referral does not force prosecutors to act.
Where things stand
Testimony is not a new conviction or a new case filing. The next hard fact is whether the Justice Department opens any fresh matter. Social-media victory claims are spin until documents appear.
Sources: PBS NewsHour on Smith's Senate testimony.