Senators Release Records Alleging Special Counsel Jack Smith Improperly Accessed Lawmakers’ Texts

Newly released documents from Sens. Chuck Grassley and Ron Johnson allege that Special Counsel Jack Smith and his team accessed and reviewed the content of text messages belonging to 44 members of Congress during the Justice Department’s investigation into the events surrounding January 6 and related election matters. The records, made public as part of the lawmakers’ Arctic Frost investigation, indicate Smith’s team bypassed required procedures and later denied under oath to Congress that they had obtained the content of these communications.

The disclosures raise questions about potential violations of constitutional protections and the separation of powers between Congress and the executive branch.

The Arctic Frost investigation, led by Grassley and Johnson, has previously revealed that Smith’s office subpoenaed communications data from Republican senators and issued nearly 200 subpoenas to over 400 conservative individuals and organizations, all under gag orders. The latest records show that Smith’s team received text messages from the National Archives and Records Administration (NARA) in August 2023, including those from Trump administration officials, members of Congress, and White House staff. According to a press release from Grassley’s office, within an hour of receiving the data, Smith’s senior lawyer Thomas Windom and other team members downloaded and began reviewing the texts without waiting for a DOJ filter team to screen for privileged or constitutionally protected information.

Allegations of Misleading Congress

During a House Judiciary deposition in December, Smith was asked directly whether the records his office requested from members of Congress included the content of text messages. Smith replied, “No.” The newly released documents, however, suggest otherwise, indicating that his team had immediate access to and reviewed the content of these messages. Grassley’s office asserts that this contradicts Smith’s sworn testimony and constitutes a serious breach of protocol.

"Smith’s team ran roughshod over the Constitution even after repeated warnings. Jack Smith has answering to do, and I intend to have him before the Senate Judiciary Committee in the coming months to hold him accountable."

— Sen. Chuck Grassley

Assistant Attorney General Patrick Davis, in a letter released with the records, stated that Smith’s team had been trained on filter team protocols designed to protect privileged communications and that failure to adhere to these procedures could result in evidence suppression or disqualification of the prosecution team. The letter and accompanying documents show that the filter team, consisting of more than 50 DOJ staffers, was tasked with reviewing millions of documents to protect constitutional rights, but Smith’s team allegedly sidestepped this safeguard in the case of lawmakers’ texts.

Scope and Impact of the Investigation

The records detail that Smith’s investigations, codenamed “Project Coconut” for the January 6 probe and “Project Cranberry” for the Trump documents case, involved more than 200 staff across the FBI, DOJ, NARA, and other agencies. The review of lawmakers’ communications reportedly included both Republicans and Democrats, with four Democrats and 40 Republicans named among those whose texts were accessed. High-profile figures such as Sens. Susan Collins, Mike Lee, and Reps. Jim Jordan, Devin Nunes, Elise Stefanik, and Kevin McCarthy were among those affected.

The documents also reveal that DOJ staff coded their work under “national security/domestic terrorism,” a classification that Grassley’s office claims allowed for more severe and less transparent investigative measures. The cost of Smith’s prosecution efforts reportedly exceeded $23 million, with the filter team reviewing some 15 million documents over more than a year.

Constitutional and Political Reactions

Grassley and Johnson argue that Smith’s actions violated the Constitution’s “speech and debate” clause, which protects lawmakers from prosecution for legislative activities. They contend that the executive branch’s access to congressional communications undermines the separation of powers and sets a dangerous precedent.

Smith and the Justice Department have not publicly responded to the latest allegations. The documents do not indicate whether any disciplinary or legal action is being considered against Smith or his team. Grassley stated his intention to bring Smith before the Senate Judiciary Committee for further questioning.

The Department of Justice previously announced Smith’s appointment as special counsel to oversee investigations into the transfer of presidential power and the handling of classified documents, as detailed in its official press release.

The new disclosures come amid ongoing scrutiny of the use of federal investigative powers in politically sensitive cases. The Arctic Frost investigation continues to examine the extent of executive branch surveillance of lawmakers and its implications for constitutional governance.