Grassley: Jack Smith Team Secretly Accessed 44 Lawmakers' Texts

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Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said Tuesday that the Justice Department informed him former special counsel Jack Smith's investigative team "secretly obtained" and reviewed text messages involving dozens of members of Congress during its investigations into President Donald Trump, prompting renewed Republican allegations that prosecutors exceeded established investigative safeguards.

Grassley said he was among 44 current and former lawmakers whose communications with White House personnel were reviewed as part of Smith's investigations into Trump's alleged efforts to overturn the 2020 election and his handling of classified documents at his Mar-a-Lago estate.

The Iowa Republican said the information came from Justice Department records provided in response to congressional oversight requests and whistleblower disclosures. He released the records jointly with Sen. Ron Johnson, R-Wis., chairman of the Senate Permanent Subcommittee on Investigations.

According to Grassley, Assistant Attorney General Patrick Davis informed the senators that Smith's investigative team "apparently bypassed" a document filtering team established to screen potentially privileged material and "directly accessed these text messages."

"Jack Smith's criminal investigation of President Trump was a runaway train that had no brakes," Grassley said.

"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," he said.

Johnson said the records represented "another grotesque example of the Biden administration's weaponization" of the Justice Department.

"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," Johnson said.

"At this point, no one should be shocked by Jack Smith's recklessness and blatant abuse of power, but they should be outraged."

The Justice Department did not immediately respond publicly to the lawmakers' allegations Tuesday.

The newly disclosed records add to a series of investigations launched by Grassley and Johnson into Smith's handling of the federal Trump investigations. Earlier this year, Grassley sought records from telecommunications companies regarding subpoenas for congressional phone records, while more recent oversight has focused on the handling of classified materials and investigative procedures within Smith's office.

Smith was appointed special counsel in November 2022 by then-Attorney General Merrick Garland to oversee investigations into Trump's efforts to challenge the 2020 election results and his retention of classified documents after leaving office.

Smith ultimately secured separate indictments against Trump in Washington and Florida. The election interference case was delayed by litigation over presidential immunity, while the classified documents prosecution was dismissed by a federal judge before the election after ruling Smith's appointment unconstitutional, a ruling that prosecutors appealed.

Following Trump's victory in the 2024 presidential election, Smith moved to dismiss the remaining federal charges, citing the Justice Department's longstanding policy that sitting presidents cannot be criminally prosecuted. The department later released the public volume of Smith's final report defending the investigations and concluding that prosecutors believed they had assembled sufficient evidence to pursue the cases had Trump not returned to office.

Grassley said the newly released records raise additional questions about whether Smith's investigative team followed Justice Department procedures when handling communications involving lawmakers who were not targets of the criminal investigations.

Theodore Bunker

Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.

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