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DOJ Records Show Smith Team Viewed Texts of 44 Lawmakers

The documents say investigators bypassed an internal filter team to access White House message contents, a step that raises questions about privilege protections and could complicate Jack Smith’s prior sworn testimony.

Overview

  • The Justice Department provided records to Senators Chuck Grassley and Ron Johnson that were released Tuesday and show members of Jack Smith’s investigative team accessed text-message content tied to White House phones.
  • Internal DOJ emails in the files show National Archives delivered 54 spreadsheets on Aug. 21, 2023, and senior prosecutors downloaded those files and circulated specific messages within hours, before the designated filter review finished.
  • The materials identify communications involving 44 current or former members of Congress, reported as roughly 40 Republicans and four Democrats, whose messages were exchanged with Trump White House officials between October 2020 and Jan. 20, 2021.
  • The records appear to conflict with Smith’s December 2025 deposition, when he denied that his team reviewed the content of members’ text messages, creating a factual gap that Republicans say needs explanation.
  • Senate Republicans have announced oversight steps, including plans to call Smith before the Judiciary Committee, and the files renew debate over the filter team’s role in protecting attorney-client and Speech or Debate Clause privileges during the Arctic Frost and Mar‑a‑Lago probes.