Former special counsel Jack Smith testified before the Senate Judiciary Committee on September 29, 2026, defending his two investigations of Donald Trump. Afterward, Josh Hawley went on Fox News with Sean Hannity to explain why Smith was “totally out of control.”
What Hawley said
“He went through Melania Trump’s personal drawers, clothing, items very personal to her. I mean, this is ridiculous, just ridiculous.”
What actually happened
The search Hawley was describing is the FBI’s search of Mar-a-Lago on August 8, 2022, in the classified documents investigation. Attorney General Merrick Garland appointed Jack Smith as special counsel on November 18, 2022, more than three months later.
Smith couldn’t have gone through anyone’s drawers in that search. He didn’t have the job yet. HuffPost reported no correction from Hawley.
A Missouri double feature
Hawley wasn’t the only Missouri senator to fumble a “gotcha” that day. At the hearing itself, Sen. Eric Schmitt accused Smith of perjury over what he said was an Atlanta Hawks NBA game. The game in question was actually an Iowa Hawkeyes college game.
In fairness
Conservative outlets praised Hawley’s questioning of Smith at the hearing itself. The error came afterward, on Fox News.
Part of a pattern
A confident claim that falls apart once you check the dates: it’s not the first time. Hawley’s attack on Judge Ketanji Brown Jackson was cherry-picked, according to PolitiFact. And a senator who calls Smith “out of control” might want to revisit his own January 6.
Sources
- HuffPost: Josh Hawley commits another cringe GOP error in attacking Jack Smith
- NPR: DOJ names Jack Smith as special counsel to oversee Trump criminal investigations (Nov. 18, 2022)
- U.S. Department of Justice: Special Counsel Jack Smith
- ABC News: Jack Smith tells Senate panel “I stand by” decisions to charge Trump
- Washington Post: Senator’s basketball mix-up derails “gotcha” moment at Jack Smith hearing
- Talking Points Memo: A senator’s attempt to accuse Jack Smith of perjury
- Townhall: Hawley’s questioning of Jack Smith (conservative outlet)