Former special counsel Jack Smith’s investigative team reviewed text messages from 44 members of Congress, including both Republicans and Democrats, as part of his probes into former President Donald Trump’s actions related to the 2020 election and classified documents. The records, obtained from the National Archives and Records Administration, covered communications from October 2020 to January 2021 and were accessed without a required filter team review, according to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Sen. Ron Johnson (R-Wisconsin).
Grassley and Johnson released the findings on July 14, 2026, alleging that Smith’s team bypassed Justice Department protocols, potentially violating constitutional protections for lawmakers. The lawmakers whose texts were reviewed included high-profile figures such as Sens. Lindsey Graham (R-SC), Cory Booker (D-NJ), and Reps. Jim Jordan (R-OH) and Adam Smith (D-WA).
The investigation, known as Operation Arctic Frost, was dropped after Trump won the 2024 election. Grassley and Johnson claim the probe was politically motivated, while Trump has denied wrongdoing, calling the investigations a partisan effort. The DOJ has not publicly commented on the allegations.
Key Facts and Context
The text messages were obtained from government phones used by Trump administration officials, not directly from lawmakers’ personal devices. Grassley stated that the review violated investigative protocols and potentially infringed on constitutional guardrails, including the Speech and Debate Clause, which protects legislative communications. Rep. Elise Stefanik (R-NY) called the access to her texts a clear constitutional violation.
Political Reactions
Grassley and Johnson described the investigation as a "runaway train" and accused the Biden administration of weaponizing the DOJ. They released a list of the 44 lawmakers affected, including current and former members of both parties. Meanwhile, Trump’s legal team has argued that the investigations were improperly aimed at damaging his political prospects.
Legal and Procedural Concerns
The filter team, typically tasked with screening seized materials to protect attorney-client privilege, was reportedly bypassed in this case. Grassley and Johnson’s findings come amid broader scrutiny of the DOJ’s investigative practices under the Biden administration. The senators obtained the records following whistleblower disclosures about the probe.
Long-Term Implications
The revelations have reignited debates over executive branch oversight of congressional communications and the potential for political bias in federal investigations. The case also raises questions about the scope and limitations of special counsel investigations, particularly when they involve elected officials.