Washington, D.C. — Sen. Chuck Grassley (R-Iowa) just pulled back the curtain on what he calls another example of the Biden-era DOJ’s “runaway train.” On July 14, Grassley released internal records from the so-called “Arctic Frost” investigation revealing that Jack Smith’s team secretly obtained and reviewed text messages involving 44 current and former members of Congress — without running them through the filter team meant to safeguard privileged communications.
The texts came from White House phones used by top Trump administration officials, including Mark Meadows, Ivanka Trump, and Mike Pence, covering the critical period from October 2020 through January 2021. On August 21, 2023, NARA (National Archives and Records Administration) sent Smith’s team 54 spreadsheets full of these messages. Within minutes, senior prosecutor Thomas Windom downloaded them. Within an hour, other investigators were reviewing the content — skipping the filter team entirely.
Bipartisan Dragnet
The haul wasn’t limited to Republicans. The list includes:
Republicans: Grassley himself, Rand Paul, Josh Hawley, Lindsey Graham, and others.
Democrats: Cory Booker and additional members.
Grassley, who was one of the 44 affected, said he’s already alerting his colleagues. He and Sen. Ron Johnson (R-Wis.) obtained the documents through oversight channels following whistleblower tips.
Constitutional Red Flags
Here’s where it gets spicy. Smith’s office did set up a filter team to review materials for attorney-client privilege and work product before handing them to investigators. Internal emails and slides from 2022 explicitly laid out the protocol: No materials go to the substantive team without filter approval.
Yet the team apparently blew right past it for these congressional texts. Even worse, the filter process slides made zero mention of the Speech or Debate Clause — the constitutional protection that shields lawmakers from executive branch interference in their legislative duties. DOJ had even flagged the legal risk to Windom weeks earlier, citing D.C. Circuit precedent that requires members of Congress be given a chance to assert the privilege before their materials are turned over.
Republicans are calling it straight-up spying and unconstitutional overreach. Grassley labeled the whole operation a “runaway train” and says he plans a Senate hearing with Smith in the hot seat.
As of now, no public response from Jack Smith or the Democrats named in the texts.
Why This Matters
This isn’t just procedural nitpicking. The Speech or Debate Clause exists to keep the separation of powers intact — preventing the executive from rummaging through lawmakers’ communications about official business. If Smith’s team ignored their own rules and long-standing constitutional precedent, it raises serious questions about how many other corners were cut in the Trump investigations.
Grassley and Johnson say more documents are coming. Stay tuned — this one’s far from over.