Former special counsel Jack Smith's team obtained and reviewed text messages exchanged between Trump White House officials and 44 current and former members of Congress, according to records from the Justice Department released by two Republican-led Senate committees. The messages were part of White House records subpoenaed from the National Archives covering the period from October 1, 2020, to January 20, 2021. The Justice Department indicated that Smith's investigative team bypassed a filter team meant to screen potentially privileged material before accessing the messages.
House Judiciary Committee Chairman Jim Jordan, R-Ohio, issued a criminal referral for Smith, claiming he misled Congress by stating he did not obtain or review lawmakers' text messages during his investigations into President Donald Trump. This referral serves as an invitation for the Justice Department to investigate Smith's conduct.
The investigation targeted several senators, including Chuck Grassley, R-Iowa; Ron Johnson, R-Wis.; and Lindsey Graham, R-S.C., among others. On the House side, the inquiry included representatives such as Kevin McCarthy, R-Calif.; Steve Scalise, R-La.; and Jim Jordan, R-Ohio.
Grassley and Johnson, through their committee roles, were responsible for the release of the documents. Some lawmakers on the list have publicly documented roles in efforts surrounding the 2020 election and have condemned Smith's review of their communications.
Grassley stated that the investigation was a violation of routine investigative protocols, while Johnson criticized the Justice Department's actions as an example of the Biden administration's weaponization of federal law enforcement. Other lawmakers, including Scalise and Jordan, expressed concerns about the implications of the investigation on legislative processes.
Smith's attorneys responded to the criminal referral, calling it meritless and asserting that Smith provided truthful and responsive answers during his testimony. They argued that the referral reflects an attempt to weaponize the justice system against a public servant performing his duties.