Newly released internal Justice Department messages, released Wednesday by Senate Judiciary Committee Chairman Chuck Grassley, appear to show security lapses involving classified information inside former special counsel Jack Smith's office during the prosecution of President Donald Trump's classified documents case.
Grassley, R-Iowa, released the communications along with a letter to acting Attorney General Todd Blanche seeking answers about whether the incidents were investigated, whether any classified information was compromised, and whether the issues involved evidence used in Smith's prosecution of President Donald Trump, reports The Washington Examiner.
"Talk about the pot calling the kettle black," Grassley said in a statement. "According to these messages, Biden DOJ personnel may have committed the very offense for which Jack Smith was prosecuting President Trump."
Grassley asked Blanche to respond by July 22 on whether anyone was disciplined, whether Trump's attorneys or the federal court overseeing the case were notified, and whether any classified information was compromised.
According to Grassley, the messages describe multiple security-related incidents involving Smith's Special Counsel Office and other Justice Department personnel.
One exchange discusses an individual receiving access to classified material before officials confirmed the person had the required "need to know," according to the records.
Another reflects uncertainty over whether classified materials stored inside a Justice Department sensitive compartmented information facility, or SCIF, had been moved without proper accounting.
A separate message chain dated April 18-19, 2024, describes what employees called "a violation and incident" after a SCIF used by Smith's office was apparently left unsecured.
One Justice Department official wrote that "no one opened it yesterday because no one closed it the day before," prompting another official to respond, "That's a violation and incident so I need to know the details."
Additional messages reminded personnel to check the SCIF before leaving because staffing was limited.
The communications identify several members of Smith's Special Counsel Office and other Justice Department employees, including senior assistant special counsel Molly Gaston, prosecutor Thomas Windom, Carli Rodriguez-Feo, Julie Edelstein, William O'Neil, and Stephanie Van Buskirk.
Grassley said the messages identify Van Buskirk as the person who opened the SCIF "the day before" the reported security incident. His letter does not accuse Van Buskirk or any other employee of criminal wrongdoing.
Gaston served as one of Smith's senior deputies and was a lead prosecutor in the classified documents case against Trump, as well as the federal election interference case stemming from Trump's efforts to challenge the 2020 election.
Grassley said he is not concluding that classified information was compromised. Instead, he is asking whether the Justice Department investigated the reported incidents and whether any classified evidence connected to Smith's prosecution of Trump was lost, altered or improperly accessed.
He added that he also wants to know who was responsible for the reported security failures, whether anyone was held accountable, and whether Smith informed Trump's legal team or the federal court overseeing the case about the reported "violation and incident."
Grassley also asked Blanche to determine whether the SCIF housed evidence used in Smith's prosecution of Trump, identify everyone granted access to classified materials held by the Special Counsel Office, explain whether an internal investigation occurred, and provide the names of those responsible for the reported security failures.
Smith secured a 40-count indictment against Trump in June 2023, accusing him of unlawfully retaining classified documents after leaving office and obstructing government efforts to recover them.
The prosecution ended in July 2024, when U.S. District Judge Aileen Cannon dismissed the case after ruling that Smith's appointment as special counsel violated the Constitution's Appointments Clause.
Grassley said the records raise questions because Smith's office prosecuted Trump on allegations that he willfully retained classified national defense information after leaving office and failed to properly secure government records at his Mar-a-Lago estate.
"These records expose yet another double standard of justice," Grassley said. "While Hillary Clinton and Joe Biden escaped accountability for mishandling highly classified information, Jack Smith and the Biden DOJ set out to paint President Trump as a felon and ruin him politically."
Grassley's letter does not conclude that classified information was compromised, but asks the Justice Department to determine whether any security failures affected classified materials or evidence used in the special counsel's investigation.