(Luis Cornelio, Headline USA) Special Counsel Jack Smith “secretly” obtained and reviewed the text messages tied to at least 44 members of Congress as part of his investigation into President Donald Trump, according to records released by the Senate Judiciary Committee.
The newly released documents appear to conflict with Smith’s sworn congressional testimony from December 2025, when he indicated that the contents of lawmakers’ text messages obtained during the investigation were not reviewed.
According to Senate Judiciary Committee Chairman Grassley, R-Iowa, the text messages were obtained through a series of subpoenas as part of the Biden Justice Department’s broad investigation into Trump after he left office in 2021.
Grassley argued that reviewing the communications may have violated DOJ protocols designed to protect congressional communications.
Grassley and Sen. Ron Johnson, R-Wis., said whistleblowers brought the matter to their attention. According to the senators, communications involving both Republican and Democratic lawmakers were swept into the investigation.
Records released by Grassley and reviewed by Headline USA include email exchanges between former Biden DOJ prosecutor Thomas Windom and employees at Deloitte, a federal contractor, dated May 27, 2022.
December 2025: Jack Smith swore under oath that he didn't spy on text messages belonging to members of Congress.
Today: New evidence confirms he spied on dozens of members of Congress, myself included.
This is a blatant abuse of power, and exactly what our Founders warned… pic.twitter.com/3eqwiylLXI
— Rand Paul (@RandPaul) July 14, 2026
Among the records is a PowerPoint presentation instructing personnel reviewing the seized data to sort communications using a series of search filters.
Grassley said that the review also encompassed communications related to lawmakers’ official legislative duties, which are protected under the Constitution’s Speech or Debate Clause.
“Jack Smith’s criminal investigation of President Trump was a runaway train that had no brakes,” Grassley said in a statement.
Grassley accused the DOJ of “apparently” ignoring “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.”
Johnson echoed Grassley’s criticism, calling the findings “yet 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 added. “At this point, no one should be shocked by Jack Smith’s recklessness and blatant abuse of power, but they should be outraged.”
According to documents released by Grassley, the communications reportedly swept into the investigation included those of Grassley and Johnson themselves, along with several current and former members of Congress.
The other current Republican senators reportedly identified in the records are John Cornyn, Texas; Lindsey Graham, S.C.; Josh Hawley, Mo.; Mike Lee, Utah; Cindy Hyde-Smith, Miss.; Dan Sullivan, Alaska; Rand Paul, Ky.; Rick Scott, Fla.; Susan Collins, Maine; Tim Scott, S.C., and Tom Cotton, Ark.
Current Democratic senators include Cory Booker, N.J.
Former GOP senators include David Perdue, Ga.; Lamar Alexander, Tenn.; Martha McSally, Ariz.; Rob Portman, Ohio; Roy Blunt, Mo.; and Cory Gardner, Colo.
The records also identify several House members, including Republicans Kevin McCarthy, Calif.; Steve Scalise, La.; Jim Jordan, Ohio; Devin Nunes, Calif.; Andy Biggs, Ariz.; Mark Walker, N.C.; Bryan Steil, Wis.; Dan Newhouse, Wash.; Doug Collins, Ga.; Dusty Johnson, S.D.; Elise Stefanik, N.Y.; John Katko, N.Y.; Ken Buck, Colo.; Lee Zeldin, N.Y.; Mario Diaz-Balart, Fla.; Mo Brooks, Ala.; Morgan Griffith, Va.; Rodney Davis, Ill.; Russ Fulcher, Idaho; Scott Perry, Pa.; and Thomas Massie, Ky.
Democratic House members identified in the records include Adam Smith, Wash.; Josh Gottheimer, N.J.; and Karen Bass, Calif.
