Jack Smith Special Counsel accessed texts of 44 US lawmakers

Justice Department documents released by Senate Judiciary Committee Chair Chuck Grassley and Senator Ron Johnson show that former special counsel Jack Smith’s investigative team obtained and reviewed text messages from 44 members of Congress – 40 Republicans and four Democrats – covering the period October 2020 to January 2021. The messages were taken from government phones used by Trump White House staff and were sourced through a subpoena to the National Archives.

According to internal DOJ memos, Smith’s team bypassed the department’s “filter team,” a review process meant to protect privileged communications and the Constitution’s Speech‑and‑Debate Clause. The FBI matched phone numbers to lawmakers after the team accessed the records without the required filter‑team sign‑off. Smith previously testified under oath that his office only obtained “toll records” and did not view message content, a claim now contradicted by the released documents.

Republican senators have called the action a constitutional violation and have pledged to summon Smith before the Senate Judiciary Committee. The disclosure adds to ongoing congressional scrutiny of the “Arctic Frost” investigation into former President Donald Trump’s 2020‑election interference efforts.