FILE - Special counsel Jack Smith speaks about an indictment of President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin, File)
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WASHINGTON (AP) — In a significant development, former special counsel Jack Smith from the Justice Department is preparing for a behind-closed-doors session with House Republicans on Wednesday. This comes after the lawmakers declined his proposal to publicly testify regarding his investigations into former President Donald Trump.

The House Judiciary Committee, led by Republicans, is conducting an ongoing probe into the Justice Department’s investigations of Trump during President Biden’s tenure. Earlier this month, Smith was served with a subpoena demanding both his testimony and relevant documents. Despite offering to address the committee publicly over a month ago, Smith’s legal team has confirmed his willingness to comply with the congressional request.

“We are disappointed that the offer was rejected, denying the American public the chance to hear directly from Jack on these matters,” stated Peter Koski, one of Smith’s attorneys, earlier this month. He added, “Jack is eager to meet with the committee to discuss his work and rectify the various misunderstandings regarding his investigation.”

Former President Trump expressed his preference for a public hearing, telling reporters at the White House, “I’d rather see him testify publicly. There’s no way he can answer the questions.”

Smith is anticipated to cover both of his investigations concerning Trump during the session. However, he will refrain from discussing any grand jury materials, which are legally protected, according to a source familiar with the situation who spoke anonymously. Additionally, he aims to address and correct what he perceives as Republican mischaracterizations of his work, including allegations about the use of cellphone data from certain GOP lawmakers, the source indicated.

Smith was appointed in 2022 to oversee the Justice Department investigations into Trump’s efforts to overturn his 2020 presidential election loss and his hoarding of classified documents at his Mar-a-Lago estate in Palm Beach, Florida. Smith’s team filed charges in both investigations.

Smith abandoned the cases after Trump was elected to the White House again last year, citing Justice Department legal opinions that say a sitting president cannot be indicted.

Republicans who control Congress have sought interviews with at least some individual members of Smith’s team.

In recent weeks they have seized on revelations that the team, as part of its investigation, had analyzed the phone records of select GOP lawmakers from on and around Jan. 6, 2021, when pro-Trump rioters stormed the U.S. Capitol to try to halt the certification of Trump’s election loss to Democrat Joe Biden. The phone records reviewed by prosecutors included details only about the incoming and outgoing phone numbers and the length of the call but not the contents of the conversation.

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