Rand Paul

Congressional Republicans slammed Jack Smith after Senate Judiciary Chair Chuck Grassley of Iowa said on Tuesday that the former special counsel had obtained text messages from 44 members of Congress during the federal probe into efforts to overturn the 2020 election.

Grassley said that he was among the lawmakers whose communications with White House staff were reviewed during the probe, which looked into President Donald Trump’s alleged role in the riot at the U.S. Capitol on January 6, 2021, and classified documents found at Trump’s Mar-a-Lago estate. Smith oversaw both cases and they were dropped after Trump won the election in 2024.

The disclosure has sparked allegations of government overreach from Trump allies, who argue that the records may have included communications protected by congressional privilege.

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Smith has privately and publicly testified before the House Judiciary Committee this year.

The release of the materials comes as part of a broader effort from Trump allies to portray Smith as having been overaggressive in his pursuit of prosecuting criminal cases against Trump during the Biden administration. Many GOP lawmakers argue that it was politically motivated.

Democrats and defenders of Smith's work have maintained that the investigations were rooted in evidence gathered following the 2020 election and January 6 riot and were conducted independently of the White House under established Department of Justice (DOJ) procedures.

Republican Lawmakers React: ‘Abuse of Power’

Several Republicans seized on the disclosure to accuse Smith of improperly targeting members of Congress during his investigation into Trump's efforts to challenge the results of the 2020 election.

“I received records frm DOJ confirming Jack Smith's investigative team reviewed the contents of text msgs sent by 44 MEMBERS OF CONGRESS Im 1 of the 44,” Grassley wrote on X in a post viewed 1.4 million times.

Kentucky Senator Rand Paul wrote on X in a post viewed 1.1 million times: “New evidence confirms he spied on dozens of members of Congress, myself included. This is a blatant abuse of power, and exactly what our Founders warned about.”

Missouri Senator Josh Hawley wrote on X: “Looks like perjury.”

Mississippi Senator Cindy Hyde-Smith wrote in a lengthy post on X: “This is a stunning abuse of power that should alarm every American, regardless of party. This kind of lawlessness demands real accountability, and I expect answers.”

Utah Senator Mike Lee wrote on X: “This is Jack Smith He spied on me and several other senators Then he lied about it Not cool.”

Florida Senator Rick Scott wrote on X: "I’m FED UP with this. Jack Smith needs to be held accountable."

Beyond lawmakers, Smith has been criticized by MAGA and conservative voices more broadly, including MAGA influencer Benny Johnson, writer Ian Miller, Eric Daugherty of the Florida Voice News and conservative lawyer and political strategist Mike Davis.

What Did Smith's Team Obtain?

According to the documents released by Grassley, Smith's team obtained records containing text messages sent between members of Congress and senior White House officials between October 2020 and January 2021.

The records were reportedly turned over by the National Archives in August 2023 following a subpoena seeking White House materials from the period surrounding the 2020 election and the lead-up to the January 6 Capitol riot.

The lawmakers whose communications were in the records included Democrats such as New Jersey Senator Cory Booker.

Newsweek has contacted the press representatives for Booker and Grassley via email for comment.

What Happens Next

Grassley wrote on X that he is alerting his colleagues who were impacted and “will release the records.”