Records Show Jack Smith Probe Swept Up Media Communications Beyond Lawmakers

Senate Judiciary Committee Chairman Chuck Grassley disclosed Tuesday that Jack Smith's election investigation subpoenaed 87 White House phones and swept up communications from nearly 50 journalists at 17 news organizations.

• 87 White House phones were listed in a June 2023 National Archives subpoena.
• Nearly 50 journalists' messages with government sources appeared in the returned records.
• 4,782 personal checks from Trump donors, covering September 2019 to August 2023, were also obtained.
• Records also included communications with 44 lawmakers from both parties.

Why it matters: The breadth of the collection raises two constitutional concerns: the Speech or Debate Clause, which shields legislators' official work from executive review, and the privacy of journalists' source communications.

• Grassley alleged Smith's staff discussed ways to work around statutory limits on obtaining congressional toll records.
• Bank account numbers and home addresses of the 4,782 donors were reviewed by prosecutors, according to Grassley.

How 30 sources split on this story

Where they split: Smith told the committee he stands by every decision; Grassley and Republican senators contend the investigation's scope violated constitutional protections and was never disclosed in Smith's final report.

What’s next: Smith testified Tuesday that he acted without regard to Trump's political activities or 2024 candidacy.

• The Federalist says it is reviewing which reporters were affected and will explore legal options.
• What filtering protocols, if any, governed investigators' access to privileged communications before they were reviewed?
• Did the journalist communications affect any prosecutorial decisions, and will those reporters be identified?
• Are there additional subpoena returns containing more donor checks beyond the 4,782 disclosed Tuesday?