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Former Special Counsel Jack Smith’s investigation into President Donald Trump swept up text messages from nearly 50 members of Congress, bypassing a required review process in what one victim alleged is a direct Constitutional violation.
Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, said the situation is more proof Smith’s probe was a “runaway train” of abuses of power, as the elder statesman and Senate Investigations Subcommittee chairman Ron Johnson, R-Wis., jointly released their filings Tuesday evening.
Grassley and Johnson’s findings come amid a full-scale probe of Operation Arctic Frost – the codename for Smith’s endeavor to investigate Trump for alleged corruption and election malfeasance – an operation top Senate Republicans call “worse than Watergate.”
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Jack Smith, former US special counsel, arrives for a closed-door deposition before the House Judiciary Committee in Washington, DC, US, on Wednesday, Dec. 17, 2025. Smith was subpoenaed to testify about his sweeping investigations into President Donald Trump’s actions, as part of an ongoing investigation the panel is conducting into the probes he led. (Getty Images)
Forty-four members of Congress had the contents of their text messages obtained and reviewed by the Smith’s team, who was appointed by former President Joe Biden in a way that bypassed protocol. A “filter team” was tasked with reviewing millions of documents in the case and should have had first crack at determining whether such messages were relevant or potentially violated statute or ethics.
Rep. Elise Stefanik, R-N.Y., one of the lawmakers whose texts were swept up in this way, said Tuesday such texts being reviewed amounted to clear violations of the Constitution’s Speech & Debate Clause – which protects lawmakers from being questioned in “any other place” than the Capitol for legislative acts.
Internal communications have been historically included in that clause in the courts, as technology has advanced.
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Stefanik said in a statement that the new records prove Smith’s team “unlawfully and unconstitutionally accessed my private text messages, along with 43 other Members of Congress, in clear violation of the Constitution.”
She said she long-suspected there had been “unconstitutional spy[ing] on members of Congress.”
The records were provided by the Trump Justice Department to Grassley and Johnson, which the chairmen said indicated Smith’s team had “circumvented its own filter review process.” The process is additionally meant to protect attorney-client privilege, they said in a statement.
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Former Special Counsel Jack Smith says the Pledge of Allegiance before he prepares to testify during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on January 22, 2026 in Washington, DC. (Al Drago/Getty Images)
The news also complicated some of Smith’s prior depositions under oath, including an excerpt in which he answered “no” to a question from a congressional counsel as to whether records he requested from congresspeople included text messages.
Johnson called the situation a “grotesque example” of Biden-era “weaponization” of the executive branch.
“Jack Smith’s criminal investigation of President Trump was a runaway train that had no brakes,” Grassley added Tuesday.
“Based on the information that’s been produced to me and Senator Johnson, 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.”
Grassley added that he hopes Democrats caught up in the otherwise bipartisan text tranche will finally discard their partisanship and recognize the severity of the alleged violations by Smith.
He also indicated he planned to recall Smith before Congress to “hold him accountable.”
Of the 44 members swept up in the text reviews, several were Democrats, including now-Los Angeles Mayor Karen Bass, as well as Rep. Josh Gottheimer, D-N.J., Sen. Cory Booker, D-N.J., and the top Democrat on the House Armed Services Committee – Rep. Adam Smith of Washington.
Grassley, Johnson and Stefanik were also swept up in the situation, along with top figures like Sens. Mike Lee, R-Utah, Josh Hawley, R-Mo., Dan Sullivan, R-Alaska, Rand Paul, R-Ky., former Senate Republican Conference Chairman Lamar Alexander, R-Tenn., and the late Lindsey Graham, R-S.C.
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Former House Intelligence Chairman Devin Nunes, R-Calif., was one of the victims, along with current House Judiciary Committee Chairman Jim Jordan, R-Ohio, as well as House Freedom Caucus member Scott Perry of Pennsylvania, now-EPA Administrator Lee Zeldin of New York, now-Veterans Affairs Secretary Doug Collins of Georgia, and prominent Trump critic Rep. Thomas Massie of Kentucky.
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Several lawmakers sounded off on the news soon after Grassley announced his findings, including Hawley – who called for “everyone involved [to] be prosecuted.”
“Joe Biden’s DOJ not only tapped my phone; I just learned they illegally obtained my texts with members of President Trump’s administration,” the Missourian fumed.
Paul called the allegations a “blatant abuse of power and exactly what our Founders warned about,” while citing Smith’s past denial under oath.
Fox News Digital reached out to a representative for Smith for comment.
