Jack Smith’s team secretly read text messages from 44 members of Congress — from both parties — while investigating Donald Trump, and now Republican senators are demanding criminal charges.
Story Snapshot
- Senate Judiciary Chair Chuck Grassley revealed that former Special Counsel Jack Smith’s team obtained and read text messages from 44 members of Congress during the Trump investigation.
- Department of Justice records show Smith’s team bypassed a required filter review process and directly accessed the content of those messages.
- The lawmakers whose messages were read included both Republicans and Democrats, raising bipartisan concerns about government overreach.
- Republican senators are now calling for criminal charges against Smith, while the House is weighing a criminal referral for allegedly lying to Congress.
What Grassley’s Records Actually Show
Senate Judiciary Chair Chuck Grassley went public on July 14, 2026, with Department of Justice records showing that Jack Smith’s team obtained and read text messages from 44 members of Congress. Those messages were sent to senior White House officials during the final weeks of Trump’s first term. The records were released to both Grassley and Senator Ron Johnson as part of their ongoing oversight of the Biden-era Justice Department.
The most damaging detail in the records is that Smith’s investigators bypassed a required filter team. That filter process exists specifically to protect privileged communications — including those covered by the Constitution’s Speech or Debate Clause, which shields lawmakers from being monitored for their official duties. Going around that safeguard was not a minor paperwork slip. It was a procedural failure with serious legal consequences.
Senators Demand Accountability — and Consequences
Senator John Kennedy of Louisiana did not hold back. He said Smith “ought to have his head in a bag” for what the records revealed. Other Republican senators echoed that anger, calling Smith’s actions an abuse of power and a direct attack on the separation of powers. The Constitution’s Speech or Debate Clause is meant to keep prosecutors from using congressional communications as evidence or intelligence.
House Judiciary Chair Jim Jordan said the House is weighing a criminal referral against Smith for allegedly lying to Congress about the scope of the surveillance. That would be a separate legal problem on top of the surveillance itself. Smith testified before Congress about his investigation, and lawmakers now say his answers did not match what the Justice Department records actually show.
Both Parties Were Caught in the Dragnet
One detail that cuts across party lines: the 44 lawmakers whose messages were read included Democrats, not just Republicans. That matters because it makes this harder to dismiss as a partisan complaint. Members from both sides of the aisle had their private communications swept up in a federal investigation without going through the legally required review process.
Jim Jordan says House weighing criminal referral of Jack Smith for allegedly lying to Congress | Taylor Penley, Fox News
Former special counsel Jack Smith is being considered for a criminal referral to the Justice Department, House Judiciary Committee Chairman Jim Jordan,… pic.twitter.com/8viGGoaOW3
— Owen Gregorian (@OwenGregorian) July 17, 2026
This is not the first time Smith’s office has faced questions about how it handled sensitive material. Separate internal records released in early July 2026 showed that prosecutors on Smith’s team may have mishandled classified documents — the same offense Smith charged Trump with — by sharing classified material without confirming proper clearance and leaving secure facilities unsecured. Together, these findings paint a picture of an office that bent its own rules while aggressively pursuing the former president. Whether that rises to criminal conduct is now a question Congress is pressing hard to answer.
Sources:
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