Smith Team Bypassed DOJ Filter
DOJ Records Show Jack Smith Team Reviewed Lawmakers' Texts, Bypassing Filter Protections
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An Aug. 21, 2023 DOJ email revealed that Smith's team discussed directly obtaining 54 Excel files with text messages from White House phones, which were placed in a shared drive, bypassing the Filter Team.
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The reviewed materials reportedly included messages from and to high-level White House figures and advisers, such as Mark Meadows, Dan Scavino, Ivanka Trump, Stephen Miller, Peter Navarro, John Ratcliffe, Kash Patel, and Rudy Giuliani.
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The release also shows lawmakers across both parties were involved, with names like Lindsey Graham, Josh Hawley, Jim Jordan, and Josh Gottheimer appearing among those whose communications were captured.
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Grassley and Johnson say the action circumvented established DOJ safeguards and potentially implicates parliamentary privilege or the Speech or Debate Clause, fueling a broader debate about constitutional protections in ongoing investigations.
Jack Smith's investigative team reviewed text messages from 44 members of Congress — from both parties — during its probe into former President Trump, newly released Justice Department records show. The texts were not pulled from lawmakers' phones directly but were taken from National Archives records, according to GV Wire.
Senators Chuck Grassley and Ron Johnson say Smith's team bypassed a designated Filter Team — a DOJ safeguard meant to block privileged materials from reaching investigators. Grassley called the move illegal, saying Smith's team "misled Congress" about how it handled the records, according to ZeroHedge.
54 Excel Files Sent Around the Filter Team
A key Aug. 21, 2023 DOJ email shows Smith's team discussed placing 54 Excel files — containing White House phone text messages — onto a shared drive. Investigators accessed those files directly, cutting out the Filter Team entirely, according to ZeroHedge. The Filter Team exists specifically to keep constitutionally protected or privileged material away from prosecutors.
The messages included communications involving top Trump White House figures. Names in the records include Mark Meadows, Dan Scavino, Ivanka Trump, Stephen Miller, Peter Navarro, John Ratcliffe, Kash Patel, and Rudy Giuliani, ZeroHedge reported.
Lawmakers From Both Parties Caught in the Dragnet
The 44 lawmakers whose texts were reviewed span both parties. Republicans named include Lindsey Graham, Josh Hawley, and Jim Jordan. Democrats named include Cory Booker and Josh Gottheimer. Former Rep. Lee Zeldin and Rep. Adam Smith also appear in the records, according to GV Wire.
The texts were tied to 2020 election-related communications and post-election records. Investigators got them through the National Archives — not by seizing devices. Still, Grassley and Johnson say that method does not shield the action from scrutiny under the Speech or Debate Clause, a constitutional protection for lawmakers' official acts, per Froggy Web.
Grassley and Johnson: A Blatant Constitutional Violation
Grassley and Johnson oversee the Senate Judiciary Committee. They say Smith's team not only bypassed DOJ rules but also potentially violated the Speech or Debate Clause, which protects lawmakers from being investigated for their official duties. They accused Smith of misleading Congress about the scope of the review, according to The New American.
Republican lawmakers erupted in anger after the disclosure. Mediaite reported that GOP members called the move "a blatant abuse of power." Smith's office has not responded publicly. His original investigation into Trump's efforts to overturn the 2020 election was dropped after Trump won the presidency in 2024.
Broader Debate Over Investigative Overreach and DOJ Safeguards
The disclosures reignite debate about how far federal investigators can reach when probing a former president. DOJ Filter Teams are a standard tool. They are meant to catch attorney-client communications, medical records, or privileged legislative materials before prosecutors ever see them. Critics say skipping that step here stretched the law.
GV Wire noted the review covered both Republican and Democratic lawmakers, suggesting the scope was unusually wide. Supporters of Smith's investigation may argue the records were legitimately gathered from the Archives and tied to a valid federal probe. But with Smith's case now closed, the legal and political fallout falls on Congress to sort out.
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