Jack Smith’s Team Obtained Texts From 44 Congress Members, Grassley Says

Former special counsel Jack Smith’s investigative team obtained text messages from 44 members of Congress during probes into President Trump’s 2020 election challenge and classified documents case, Senate Judiciary Chair Chuck Grassley revealed Tuesday. The team bypassed a required filter review process, according to Justice Department documents. The messages involved 40 Republican and 4 Democratic lawmakers communicating with Trump administration officials from October 2020 through January 2021. Both cases were dropped after Trump’s 2024 election win.

How Smith’s team accessed the messages

The National Archives was subpoenaed for White House phone records covering October 2020 to January 2021. Smith’s deputies received the materials in August 2023, weeks after securing a grand jury indictment against Trump. According to internal emails Grassley released, Assistant Attorney General Patrick Davis confirmed in a letter that Smith’s team “apparently bypassed” the Filter Team and “directly accessed these text messages.” The Filter Team is a DOJ unit that screens seized materials to protect attorney-client privilege and congressional communications.

Constitutional protections at stake

Members of Congress have constitutional “speech or debate” protection preventing the Executive Branch from investigating their legislative business. Grassley argues that Smith’s team violated this guardrail by accessing lawmakers’ text messages without proper screening. The messages included communications between congressional members and Trump officials like former Chief of Staff Mark Meadows and then-Vice President Mike Pence. Grassley stated that Smith’s team was “advised about the constitutional problems” but proceeded anyway.

Republican calls for accountability

Grassley, chair of the Senate Judiciary Committee, said Smith “has answering to do” and pledged to summon him before the committee in coming months. Rep. Jimmy Patronis (R-Florida) called for criminal charges, stating “Jack Smith should be arrested and put in jail.” Sen. Ron Johnson (R-Wisconsin) called it “another grotesque example of the Biden administration’s weaponization” of the Justice Department. Smith has testified publicly and privately that he followed the law throughout his investigations. A Smith spokesperson did not immediately respond to requests for comment.

Timing and broader context

Grassley released the documents on July 14, the day before Todd Blanche’s Senate Judiciary Committee hearing on his nomination to be Attorney General. Blanche defended Trump against both of Smith’s criminal cases. At the hearing, Grassley pressed Blanche on accountability measures to prevent future misconduct. The disclosure is part of a broader Trump administration effort to portray Smith’s investigations as politically motivated overreach during the Biden presidency.

Final Thoughts

The disclosure raises serious questions about whether Smith’s team violated constitutional protections and DOJ procedures. Grassley’s push for accountability signals potential congressional investigations into the special counsel’s methods.

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