proves that Special Counsel Jack Smith spied on dozens of Republican members of Congress, despite his sworn testimony to the contrary.
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Smith’s investigative team obtained and reviewed text messages from 44 mostly Republican lawmakers as part of Arctic Frost, the Biden Department of Justice’s sham criminal investigation into President Trump, the Senate Judiciary Committee revealed in a press release, Tuesday.
Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Senate Permanent Subcommittee on Investigations Chairman Ron Johnson (R-Wis.) requested the records from the Justice Department after receiving legally protected whistleblower disclosures. The pair released the DOJ documents on Tuesday.
The newly released bombshell docs show that Smith’s team bypassed a required Filter Team review process—despite prior warnings from Justice Department attorneys—to access communications between Trump White House personnel and lawmakers between October 2020 and January 20, 2021.
The new evidence indicates that senior attorney Thomas Windom and others downloaded and viewed the texts within hours of receipt.
In June 2023, the Special Counsel’s Office (SCO) subpoenaed the National Archives and Records Administration (NARA) to provide all text messages from October 2020 through January 20, 2021, from phones associated with a long list of personnel serving in the White House during President Trump’s first term, including Trump himself as well as: Mark Meadows, Dan Scavino, Ivanka Trump, Stephen Miller, Peter Navarro, John Ratcliffe, Kash Patel, Rudy Giuliani, Kellyanne Conway and Mike Pence.
NARA provided the texts to SCO on August 21, 2023. Within half an hour, one of Smith’s senior lawyers, Thomas Windom, downloaded the texts and, within one hour, other members of Smith’s investigative team downloaded and began reviewing the texts. It appears the review was done without waiting for the Filter Team to evaluate and segregate privileged information.
The filter review process was established to protect privileged materials from being swept up in a criminal prosecution.
House Judiciary Committee released in October 2025 revealing that more than 150 Republicans, including many current Trump administration officials, were targeted during the Arctic Frost investigation.
Smith initially claimed that only broad toll records were requested, and the content of those records were not accessed.
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He swore under oath in December 2025 that he did not access the content of text messages belonging to members of Congress.
Lying under oath to Congress is a federal crime punishable by up to five years in prison and a fine.
Joe Biden issued preemptive pardons to several officials, including Anthony Fauci, Mark Milley, and members of the House January 6 committee, but Jack Smith was conspicuously absent from the list.
Smith’s team accessed texts to and from the following current and former senators and members of the House of Representatives, including the two chairman:
1. Senator Chuck Grassley (R-Iowa)
2. Senator Ron Johnson (R-Wis.)
3. Senator John Cornyn (R-Texas)
4. Senator Lindsey Graham (R-S.C.)
5. Senator Josh Hawley (R-Mo.)
6. Senator Mike Lee (R-Utah)
7. Senator Cory Booker (D-N.J.)
8. Senator Cindy Hyde-Smith (R-Miss.)
9. Senator Dan Sullivan (R-Alaska)
10. Senator David Perdue (R-Ga.)
11. Senator Lamar Alexander (R-Tenn.)
12. Senator Martha McSally (R-Ariz.)
13. Senator Rand Paul (R-Ky.)
14. Senator Rick Scott (R-Fla.)
15. Senator Rob Portman (R-Ohio)
16. Senator Roy Blunt (R-Mo.)
17. Senator Susan Collins (R-Maine)|
18. Senator Tim Scott (R-S.C.)
19. Senator Tom Cotton (R-Ark.)
20. Senator Cory Gardner (R-Colo.)
21. Rep. Kevin McCarthy (R-Calif.)
22. Rep. Steve Scalise (R-La.)
23. Rep. Jim Jordan (R-Ohio)
24. Rep. Devin Nunes (R-Calif.)
25. Rep. Adam Smith (D-Wash.)
26. Rep. Andy Biggs (R-Ariz.)
27. Rep. Mark Walker (R-N.C.)
28. Rep. Bryan Steil (R-Wis.)
29. Rep. Dan Newhouse (R-Wash.)
30. Rep. Doug Collins (R-Ga.)
31. Rep. Dusty Johnson (R-S.D.)
32. Rep. Elise Stefanik (R-N.Y.)
33. Rep. John Katko (R-N.Y.)
34. Rep. Joshua Gottheimer (D-N.J.)
35. Rep. Karen Bass (D-Calif.)
36. Rep. Ken Buck (R-Colo.)
37. Rep. Lee Zeldin (R-N.Y.)
38. Rep. Mario Diaz-Balart (R-Fla.)
39. Rep. Mo Brooks (R-Ala.)
40. Rep. Morgan Griffith (R-Va.)
41. Rep. Rodney Davis (R-Ill.)
42. Rep. Russ Fulcher (R-Idaho)
43. Rep. Scott Perry (R-Pa.)
44. Rep. Thomas Massie (R-Ky.)
“Jack Smith’s criminal investigation of President Trump was a runaway train that had no brakes. 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 said.
“I hope my Democrat colleagues, several of whom had their own texts swept up, finally put partisanship aside and recognize the severity of these actions. Smith’s team ran roughshod over the Constitution even after repeated warnings. Jack Smith has answering to do, and I intend to have him before the Senate Judiciary Committee in the coming months to hold him accountable.”
“This is yet another grotesque example of the Biden administration’s weaponization of the Justice Department,” Johnson stated. “Jack Smith’s team acted with impunity as they disregarded their own protocols to obtain and access White House text messages, including messages to and from 44 Members of Congress. At this point, no one should be shocked by Jack Smith’s recklessness and blatant abuse of power, but they should be outraged.”
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