Sen. Ted Cruz's questions and former special counsel Jack Smith's answers on nondisclosure orders, at the Senate Judiciary Committee's Sept. 29, 2026 hearing.

Answering Sens. Ted Cruz and Josh Hawley, Smith said his office sought nondisclosure orders because it had strong reason to believe Donald Trump would obstruct the investigation, citing the obstruction alleged in the Florida indictment and threats to witnesses, and that the orders were consistent with the law and department policy. He agreed that his office did not tell the court who the subpoenas were for when it sought the orders.

“We do not have to wait for someone to be injured, for an investigation to be obstructed. We had strong reason to believe that Donald Trump would obstruct our investigation, given the obstruction alleged in the Florida indictment, given the attempts to intimidate witnesses in the election case, given the threats that were later made to witnesses in the election case. ... We sought to follow department policy and the law at all times. ... We submitted these nondisclosure orders consistent with the law and department policy. ... We did not say who the subpoenas were for when we sought a nondisclosure order. That part is correct.”