Jack Smith Probe Captured Communications of Dozens of Reporters, Thousands of Americans, Senator Claims

Former special counsel Jack Smith's investigators collected communications from journalists at more than a dozen news organizations and financial information from thousands of Americans as part of the probe that led to President Trump's indictment, according to claims made by Sen. Chuck Grassley (R-Iowa) on Tuesday.

Grassley, chairman of the Senate Judiciary Committee, stated that his office received whistleblower disclosures indicating that nearly 50 journalists had their messages with government sources captured in Smith's digital investigation. The media outlets reportedly affected include Fox News, CNN, CBS News, NBC News, CNBC, The Wall Street Journal, The Washington Post, Bloomberg, The Los Angeles Times, and New York Magazine. Other targeted outlets and programs include The Federalist, The Washington Times, the Associated Press, Reuters, NPR, Mark Levin's syndicated radio program, and the Media Research Center.

According to Grassley, Smith's office issued a subpoena in June 2023 for text messages from phones belonging to officials who served in the first Trump administration. This action, Grassley asserted, inadvertently swept up the communications of numerous journalists. At least 87 White House phone numbers were listed in the subpoena request, though the specific time period covered remains unclear.

In addition to journalists, Smith's team also obtained messages exchanged between Trump White House officials and 44 lawmakers from both parties between October 2020 and January 20, 2021. Grassley and other Republicans have raised concerns that these actions may have violated the Constitution's Speech and Debate Clause, an allegation that Smith has previously denied.

During his testimony before the Senate Judiciary Committee, Smith stated he could not recall whether he sought content from lawmakers' text messages and was not questioned about reporter communications. Grassley and Sen. Ron Johnson (R-Wis.) had previously requested records from the National Archives after learning that Smith's prosecutors had obtained digital communications and employed a "filter" team to review privileged materials.

Further whistleblower disclosures revealed by Grassley during the hearing indicated that Smith's team also acquired financial records from at least 4,782 individuals who contributed to Trump's political campaigns via checks written between September 2019 and August 2023. The prosecutors reportedly reviewed the bank account numbers and home addresses of these Republican donors.

In his opening statement, Grassley asserted that Smith's investigation into Trump, which resulted in a four-count indictment for allegedly attempting to overturn the 2020 election, "undermined the rule of law and threatened our very political institutions." Smith, in his own opening statement, defended his actions, stating, "I stand by my decisions as special counsel, including my decision to bring charges against President Trump. I made these decisions without regard to President Trump’s political association, activities, beliefs, or candidacy in the 2024 presidential election."