Jack Smith Bypassed DOJ Protocols to Access Congressional Texts

Justice Department records released on July 14 and 15, 2026, reveal that Jack Smith and his investigative team bypassed internal "Filter Team" protocols to directly access text messages between 44 members of Congress and officials from the first Trump administration. The records indicate that senior prosecutor Thomas Windom downloaded and circulated communications from the National Archives within 90 minutes of receipt on August 21, 2023, skipping a required evaluation meant to protect privileged materials and attorney-client communications.

These disclosures contradict Smith's December 17, 2025, sworn testimony to the House Judiciary Committee, where he denied his office obtained the content of lawmakers' messages, claiming they only acquired "toll records." Lawmakers, including Senator Josh Hawley, have alleged this discrepancy constitutes perjury.

Senate Judiciary Committee Chairman Chuck Grassley and Senator Ron Johnson condemned the actions as a "weaponization of the Justice Department" and a violation of the Constitution's Speech or Debate Clause. The records show the bypass occurred despite warnings from the DOJ's Public Integrity Section in May 2023 regarding the constitutional risks of collecting legislative communications. Grassley characterized the investigation as a "runaway train that had no brakes" and announced his intention to summon Smith before the Senate Judiciary Committee to hold him accountable.