A stunning set of newly released documents is raising serious alarms about former Special Counsel Jack Smith and whether he pushed the limits of the law in his effort to target President Donald Trump and conservative lawmakers.
According to emails unveiled by Sens. Chuck Grassley (R-Iowa) and Ron Johnson (R-Wis.), Smith subpoenaed Republican lawmakers’ phone records even after the Department of Justice warned him the move carried major constitutional risks.
DOJ Warned Smith About Violating the Constitution
A May 17, 2023 email from John D. Keller, a senior official in the DOJ’s Public Integrity Section, shows the DOJ acknowledged the subpoenas were risky and potentially unconstitutional. Keller cautioned that forcing disclosure of lawmakers’ phone records could violate the Constitution’s Speech or Debate Clause — a safeguard designed to prevent political harassment of elected officials.
Despite this warning, Smith’s team pressed forward.
Smith Targeted Top Conservative Senators
According to Smith deputy Molly Gaston, the special counsel wanted “narrowly tailored” subpoenas covering January 4–7, 2021 and aimed directly at Republican senators including:
- Lindsey Graham
- Marsha Blackburn
- Josh Hawley
- Tommy Tuberville
- Ron Johnson
- Bill Hagerty
- Cynthia Lummis
- Dan Sullivan
- John Kennedy
- Tim Scott
Rep. Mike Kelly (R-Pa.) was also included.
Gaston claimed Trump and Rudy Giuliani had contacted these lawmakers on January 6 to encourage delaying certification of the Electoral College. But Keller admitted internally that the likelihood of any criminal charges was extremely low — raising questions about why Smith demanded the records at all.
Grassley: Smith Acted on “Legally Weak Foundation”
Sen. Chuck Grassley said the documents expose a troubling pattern:
Grassley said that the deeper he digs, the more outrageous Jack Smith’s conduct appears, adding that Biden’s DOJ practically tossed the Constitution aside.
Sen. Ron Johnson added:
“Collecting phone records from sitting members of Congress is only the tip of the corruption iceberg.”
Secret Court Orders Hid the Subpoenas for a Year
Grassley’s office revealed that at least 19 secret non-disclosure orders were quietly attached to these subpoenas by DC Chief Judge James Boasberg — the same judge now facing calls for impeachment.
These secrecy orders blocked Verizon from informing GOP lawmakers for over a year that their phone records had been taken. AT&T later confirmed it refused to hand over some Republicans’ data because the requests lacked legal justification.
Even Trump’s Personal Call Logs Were Taken
Former Florida Attorney General Pam Bondi revealed that Trump’s private call logs from November 2020 to January 6, 2021 were seized as part of the DOJ’s “Arctic Frost” operation — proof of how far Biden’s Department of Justice was willing to go.
An internal memo shows Smith approved the subpoenas almost immediately after Keller’s warning, even though investigators already had portions of Rudy Giuliani’s phone data.
What Smith’s Team Claimed to Be Looking For
Smith’s investigators believed Trump reached out to:
- Sens. Hawley and Hagerty around 6 p.m. on January 6
- Giuliani attempted to reach Tuberville, Lummis, Kennedy, Hagerty, Blackburn, and Scott around 7 p.m.
They also noted staff for Sen. Johnson and Rep. Kelly were allegedly involved in discussions about alternate electors in Wisconsin.
However, despite these claims, Smith admitted the subpoenas were merely for “non-content” data and could not reveal the substance of any communications.
BOTTOM LINE: A DOJ Overreach with Massive Consequences
For millions of Americans — particularly conservatives who watched the justice system become weaponized during Biden’s presidency — the new evidence confirms their suspicions:
✔ Jack Smith ignored constitutional warnings
✔ Republican senators were secretly targeted
✔ Courts issued concealed orders blocking transparency
✔ And Trump’s personal communications were seized without clear justification
As Grassley and Johnson continue demanding accountability, pressure is mounting for a full investigation into Smith’s tactics and the Biden DOJ’s unprecedented targeting of Trump allies.