WASHINGTON — Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Sen. Ron Johnson (R-Wis.) released explosive new records Tuesday showing that former Special Counsel Jack Smith’s investigative team obtained and reviewed text messages involving 44 lawmakers — bypassing required filter teams designed to protect privileged communications.
The texts, part of a broad subpoena to the National Archives for White House records from October 2020 through January 2021, included exchanges between lawmakers and senior Trump administration officials. Critics say the move raises serious constitutional concerns under the Speech or Debate Clause and contradicts Smith’s earlier testimony.
Bypassing Protocols
According to a DOJ letter to Grassley and Johnson, Smith’s team — including prosecutor Thomas Windom — downloaded the trove of messages within 30 minutes of receipt in August 2023. Investigators allegedly accessed the content directly without waiting for a Filter Team review meant to screen for privileged material.
“Jack Smith’s criminal investigation of President Trump was a runaway train that had no brakes,” Grassley said in a statement. “Biden DOJ and FBI investigators apparently ignored their own routine investigative protocols to obtain and review work-related messages from me and dozens of my Republican and Democrat colleagues who were outside the scope of the government’s investigation.”
Sen. Ron Johnson (R-Wisc.) called it “another grotesque example of the Biden administration’s weaponization of the Justice Department,” adding that Smith’s team “acted with impunity.”
Bipartisan List of Affected Lawmakers
The records list 44 current and former members of Congress whose communications with White House personnel were reviewed. They include:
Senators: Chuck Grassley (R-IA), Ron Johnson (R-WI), John Cornyn (R-TX), Lindsey Graham (R-SC), Josh Hawley (R-MO), Mike Lee (R-UT), Cory Booker (D-NJ), Rand Paul (R-KY), and others including Cindy Hyde-Smith, Dan Sullivan, Rick Scott, Tim Scott, and Tom Cotton.
Representatives: Kevin McCarthy (R-CA), Steve Scalise (R-LA), Jim Jordan (R-OH), Thomas Massie (R-KY), Scott Perry (R-PA), and Democrats such as Adam Smith (D-WA), Karen Bass (D-CA), and Joshua Gottheimer (D-NJ).
Full List is here:
Ties to Arctic Frost and Jack Smith’s Testimony
The materials stem from the FBI’s “Arctic Frost” investigation into alleged fake elector schemes, later overseen by Smith. This fuels renewed questions about Smith’s December 2025 congressional testimony, during which he and aides described subpoenas as focused primarily on metadata rather than content in certain contexts.
Grassley and Johnson plan hearings and additional document releases. Grassley stated he intends to bring Smith before the Senate Judiciary Committee “in the coming months to hold him accountable.”
Broader Context
Smith’s cases against Trump related to election interference and classified documents were dropped following Trump’s 2024 election victory. Oversight efforts by Grassley and Johnson have previously uncovered details about phone tolling data sought from Republican senators in the same probe.
A spokesman for Smith did not immediately respond to requests for comment.