Jack Smith's Team Knew They Might Get Sued for Secretly Seeking Senators' Phone Records

Jack Smith’s Team Knew They Might Get Sued for Secretly Seeking Senators’ Phone Records


Special counsel Jack Smith’s team pressed forward with secretly seeking phone records for Republican members of Congress, even after being warned it exposed them to “litigation risk,” internal emails show.

Emails released Tuesday by Sens. Chuck Grassley of Iowa and Ron Johnson of Wisconsin reveal prosecutors weighing which members of Congress to target with subpoenas as part of the “Arctic Frost” investigation, which became Smith’s 2020 election case against President Donald Trump.

“As you are aware, there is some litigation risk regarding whether compelled disclosure of toll records of a Member’s legislative calls violates the Speech or Debate Clause in the D.C. Circuit,” former head of the Justice Department Public Integrity Section John Keller told prosecutors in a May 2023 email greenlighting the subpoenas.

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