Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
Republicans say Jack Smith's team improperly obtained members of Congress's phone records and texts and used nondisclosure orders to hide it. Smith and Democrats say the toll records were approved and lawful; Smith says the texts came from White House phones. Member counts differ.
Claim in dispute
Sen. Chuck Grassley said that Jack Smith sought the toll records of 16 members of Congress, that the government sought toll records from at least four members before Smith, and that Smith's team also obtained the content of member communications, breaching the Speech or Debate Clause.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case asks whether members of Congress's phone records and text messages were properly obtained in the FBI's Arctic Frost investigation and in Jack Smith's special counsel investigation. It covers four connected steps that the two sides argue about separately: grand jury subpoenas to phone carriers for members' call-detail (toll) records; court orders that barred the carriers from telling the members (nondisclosure orders); whether the Speech or Debate Clause of the Constitution, which protects members' legislative acts, bars that collection; and text messages between White House staff and members that the special counsel's team obtained from the National Archives. It does not decide whether the prosecutions of Donald Trump were justified, whether the April 2022 opening of Arctic Frost was proper, whether Smith or any prosecutor gave false testimony, or any other matter raised at the September 29, 2026 hearing (opens in a new tab). Each statement is classified against the case question.
The Senate Judiciary Committee majority's Arctic Frost page (opens in a new tab) says the FBI officially opened Arctic Frost on April 13, 2022, after Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco and FBI Director Christopher Wray signed off on April 4, and that Garland appointed Smith special counsel on November 18, 2022. That page is the committee majority's account.
Toll records list the numbers on a call, its time and its length, not what was said. Verizon told Sen. Chuck Grassley (opens in a new tab) on October 24, 2025 that it received a federal grand jury subpoena dated May 25, 2023 from a lawyer in the special counsel's office. The subpoena listed 12 telephone numbers, asked for subscriber information and call detail records for January 4 through 7, 2021, did not seek call content, and carried a nondisclosure order signed by a federal district court judge. Verizon said it produced records for all but one number on June 6, 2023. An FBI document dated September 27, 2023 (opens in a new tab), which Grassley released on October 6, 2025 (opens in a new tab), lists preliminary toll analysis of limited toll records for nine named members of Congress. Grassley's release describes them as eight Republican senators and one House member. AT&T's general counsel testified (opens in a new tab) on February 10, 2026 that AT&T produced records in response to two January 2023 subpoenas for a sitting member without knowing the accounts were a member's, and that its lawyers asked the special counsel's office about the Speech or Debate Clause on a May 2023 subpoena for two other members' accounts, after which the office did not respond or pursue the subpoena and no records were produced.
The counts differ by source and by what is counted. Grassley's October 2025 release said the FBI obtained toll data on eight senators and one House member. A November 20, 2025 letter (opens in a new tab) from Grassley, Sen. Ron Johnson (R-WI) and Rep. Jim Jordan (R-OH) said three Verizon subpoenas were issued for the records of at least 11 senators. On February 10, 2026 Grassley said (opens in a new tab) that at least 10 of at least 84 subpoenas to Verizon, AT&T and T-Mobile sought toll records for 20 current or former Republican members. On March 24, 2026 he released records (opens in a new tab), some dated January 2023, that include a list naming 14 members for whom Smith's team wanted toll data. The September 23, 2026 interim staff report (opens in a new tab) by Republican staff of the House Judiciary Committee says the Justice Department seized the phone records of at least 17 Republican members between April 2022 and May 2023, including at least three, Reps. Jordan, Chip Roy and Scott Fitzgerald, before Smith was appointed. At the hearing (opens in a new tab), Grassley said the government sought toll records from at least four members before Smith and that Smith sought those of 16; Sen. Katie Britt (R-AL) described about 44 subpoenas for the toll records of at least 20 Republican members, and Sen. Mike Lee (R-UT) said 44 subpoenas reached at least 19. Separately, a Justice Department letter of July 2026 (opens in a new tab) lists 44 current and former members, including four Democrats, whose texts with White House personnel the special counsel's team obtained from the National Archives on August 21, 2023; those texts came from White House phones, not from carriers. Grassley's October 2025 release of 197 subpoenas (opens in a new tab) to 34 individuals and 163 businesses says they requested records related to at least 430 named Republican individuals and entities.
Smith told the committee that he directed his staff to consult the Justice Department's Public Integrity Section before the toll-record subpoenas, that the section approved them, and that he approved them. A May 17, 2023 email from a section lawyer, reproduced in the Justice Department's July 2026 letter (opens in a new tab), said "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." The nondisclosure orders were court orders. The Administrative Office of the U.S. Courts wrote on December 1, 2025 (opens in a new tab) that the applications typically identify accounts only by a phone number, so they "would not reveal whether a particular phone number belonged to a member of Congress," and that Justice Department policy then did not require saying so; the department changed its manual in September 2024 to require it. At the hearing Smith agreed that his office "did not say who the subpoenas were for" when it sought the orders.
The only court ruling we found on the Speech or Debate Clause in this investigation concerned a search of Rep. Scott Perry's phone, not toll records. In a September 2023 opinion (opens in a new tab), the D.C. Circuit rejected both Perry's rule that informal fact-finding messages are always privileged and the district court's rule that they never are, and sent his messages with executive branch officials back for message-by-message review, but held that his messages with other members about the 2020 election certification vote were "quintessential legislative acts" entitled to the privilege. As of September 29, 2026, we did not locate a court ruling holding the toll-record subpoenas or the nondisclosure orders unlawful, a completed Justice Department inspector general review of Arctic Frost, or a public statement from Chief Judge James Boasberg, who signed nondisclosure orders in the matter, about them. Roll Call wrote on September 28 (opens in a new tab) that "No court has found wrongdoing on the part of Smith or any of the prosecutors as part of the probes themselves." The inspector general's December 2024 report (opens in a new tab) covered leak investigations opened in 2017, in which the department obtained non-content records of two Democratic members and 43 congressional staffers.
On the Speech or Debate question, the report by Republican staff of the House Judiciary Committee argues that toll records of a member's calls are protected even when a carrier holds them. Smith's attorneys wrote on October 21, 2025 (opens in a new tab) that the subpoena was "entirely proper, lawful, and consistent with established Department of Justice policy." In a July 22, 2026 letter (opens in a new tab) they wrote that the clause "was not implicated" by review of texts on White House officials' phones. At a February 10, 2026 subcommittee hearing, former prosecutor Dan Schwager called (opens in a new tab) the clause's application to subpoenas for non-content records of a witness "unclear and debatable," and former prosecutor Michael Romano said (opens in a new tab) there was "nothing remotely scandalous or controversial about the collection of toll records." Sen. Sheldon Whitehouse (D-RI) told Smith at the hearing (opens in a new tab) that the Justice Department in the first Trump administration also obtained members' toll records and nondisclosure orders.
Congress has responded. A November 2025 funding law let senators sue for $500,000 per violation if their data was obtained without required notice; most of the affected senators said they would not seek damages (opens in a new tab), and the provision was repealed in appropriations bills signed in early February 2026 (opens in a new tab). Rep. Scott Fitzgerald (R-WI) said (opens in a new tab) the House passed his NDO Fairness Act, which would require notification of a subpoena after 90 days, unanimously on August 31, 2026; Sens. Lee and Chris Coons (D-DE) told the hearing (opens in a new tab) they sponsor a Senate version.
In his written statement (opens in a new tab), Smith said he would "not be silenced by the continued threats of prosecution from the President or others." On July 22, 2026, Jordan referred Smith to the Justice Department (opens in a new tab) over his December 17, 2025 deposition answers about records of members; Smith's lawyers said the answers were truthful, and the department said it would investigate all evidence of criminal conduct (opens in a new tab). That dispute is outside this case's question.
A separate exchange at the hearing, in which Sen. Eric Schmitt (R-MO) asked Smith about a February 3, 2024 basketball game, appears in the timeline only (C-SPAN clip (opens in a new tab)). Smith's account of the game rests on his own testimony.
People in this case
Chuck GrassleyDirectly involved
Dick DurbinDirectly involved
Josh HawleyDirectly involved
Cory BookerDirectly involved
Timeline
17 timeline entries on this page. Dates: April 13, 2022 to September 29, 2026
April 2022
1 event
FBI opens Arctic Frost
Incident
The Senate Judiciary Committee majority's Arctic Frost page says the FBI officially opened Arctic Frost on April 13, 2022, after Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco and FBI Director Christopher Wray gave formal sign-off on April 4. This case does not address whether the opening was proper.
[01]Arctic Frost | United States Senate Committee on the Judiciary
The Senate Judiciary Committee majority's page on Arctic Frost. It presents the Republican majority's account and links to its releases, letters and document productions.
Arctic Frost | United States Senate Committee on the Judiciary · Senate Committee on the JudiciaryTimeline entries for April 4, 2022, April 13, 2022 and November 18, 2022, and the list of press releases and document releases
18 days between recorded events
May 2022
1 event
Prosecutors subpoena toll records for Rep. Jim Jordan and two other House members
Incident
According to the interim report by Republican staff of the House Judiciary Committee, prosecutors in the U.S. Attorney's Office for the District of Columbia issued a grand jury subpoena on May 1, 2022 for Rep. Jim Jordan's phone records from January 1, 2020 to April 25, 2022, and later that month subpoenaed toll records for Reps. Chip Roy and Scott Fitzgerald. The report says the Public Integrity Section noted "litigation risk" but approved the request for Jordan's records, and that a nondisclosure order accompanied his subpoena. These requests came before Smith's appointment.
[02]How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report)
The House Judiciary Committee's interim staff report, released under Chairman Jim Jordan (R-OH). It argues that toll-record subpoenas and nondisclosure orders in Arctic Frost and Smith's investigation were unconstitutional and quotes from prosecutors' interviews, Smith's deposition and hearing testimony, and Justice Department emails.
How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report) · House Committee on the JudiciaryExecutive summary, pages 1-5; Section I, pages 7-41; Section II, pages 42-53; index of exhibits, pages 55-56
267 days between recorded events
January 2023
1 event
Smith's team subpoenas records for Speaker McCarthy, Sen. Lee and Rep. Gohmert
Incident
After Garland appointed Smith special counsel on November 18, 2022, his team briefed Garland on January 13, 2023 about proposed toll-record subpoenas for members, according to the report by Republican staff of the House Judiciary Committee, and on January 23 issued grand jury subpoenas for the phone records of Speaker Kevin McCarthy, Sen. Mike Lee and Rep. Louie Gohmert. AT&T later said it produced records in response to two January 2023 subpoenas for a sitting member without knowing the accounts were a member's. Records Grassley released on March 24, 2026, some dated January 2023, include a list naming 14 members for whom the team wanted toll data and a statement that members "likely have a valid Speech or Debate privilege immunizing them from compelled testimony."
[02]How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report)
The House Judiciary Committee's interim staff report, released under Chairman Jim Jordan (R-OH). It argues that toll-record subpoenas and nondisclosure orders in Arctic Frost and Smith's investigation were unconstitutional and quotes from prosecutors' interviews, Smith's deposition and hearing testimony, and Justice Department emails.
How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report) · House Committee on the JudiciaryExecutive summary, pages 1-5; Section I, pages 7-41; Section II, pages 42-53; index of exhibits, pages 55-56[03]Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith’s Conduct and Candor
The committee majority's release of Grassley's prepared opening statement at the March 24, 2026 subcommittee hearing, describing records dated January 2023 that name 14 members of Congress.
Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith’s Conduct and Candor · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on the list of 14 members and the Speech or Debate quotation[04]Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
AT&T's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the subpoenas it received from the special counsel's office in 2022 and 2023.
Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026Pages 2-3, section on the special counsel grand jury subpoenas[01]Arctic Frost | United States Senate Committee on the Judiciary
The Senate Judiciary Committee majority's page on Arctic Frost. It presents the Republican majority's account and links to its releases, letters and document productions.
Arctic Frost | United States Senate Committee on the Judiciary · Senate Committee on the JudiciaryTimeline entries for April 4, 2022, April 13, 2022 and November 18, 2022, and the list of press releases and document releases
122 days between recorded events
May 2023
1 event
Verizon receives a special counsel subpoena for 12 phone numbers
Incident
On May 17, 2023 the Public Integrity Section approved the special counsel team's request to obtain toll records for several members while noting "litigation risk," according to a Justice Department letter, and Smith approved a list of subpoenas that day, according to the report by Republican staff of the House Judiciary Committee. Verizon told Grassley that a special counsel lawyer sent it a grand jury subpoena dated May 25, 2023 listing 12 numbers, seeking subscriber information and call detail records for January 4 through 7, 2021, with a nondisclosure order signed by a federal district court judge. Verizon produced records for all but one number on June 6, 2023.
[05]Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records)
Verizon's letter to Grassley describing the May 25, 2023 grand jury subpoena from the special counsel's office, its date range, the nondisclosure order and the records Verizon produced.
Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records) · VerizonPages 1-4[06]U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team)
The Justice Department's Office of Legislative Affairs letter answering a May 8, 2026 request from Grassley and Sen. Ron Johnson. It describes the filter team, the National Archives production of White House text messages on August 21, 2023, and lists 44 current and former members whose texts with White House personnel the special counsel's team obtained.
U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team) · United States Department of JusticePages 1-4, including the list of 44 current and former members of Congress[02]How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report)
The House Judiciary Committee's interim staff report, released under Chairman Jim Jordan (R-OH). It argues that toll-record subpoenas and nondisclosure orders in Arctic Frost and Smith's investigation were unconstitutional and quotes from prosecutors' interviews, Smith's deposition and hearing testimony, and Justice Department emails.
How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report) · House Committee on the JudiciaryExecutive summary, pages 1-5; Section I, pages 7-41; Section II, pages 42-53; index of exhibits, pages 55-56
88 days between recorded events
August 2023
1 event
National Archives sends White House text messages to the special counsel's team
Incident
The Justice Department told Congress in July 2026 that the National Archives' general counsel emailed Smith's team 54 spreadsheets of White House custodians' text messages on August 21, 2023, that a senior lawyer on the team told colleagues at 12:45 p.m. he had already downloaded them, and that the team apparently bypassed the filter team. The department's list of members whose texts with White House personnel were obtained has 44 names. Smith's lawyers say the records were not required to go through filter review and that the Speech or Debate Clause was not implicated.
[06]U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team)
The Justice Department's Office of Legislative Affairs letter answering a May 8, 2026 request from Grassley and Sen. Ron Johnson. It describes the filter team, the National Archives production of White House text messages on August 21, 2023, and lists 44 current and former members whose texts with White House personnel the special counsel's team obtained.
U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team) · United States Department of JusticePages 1-4, including the list of 44 current and former members of Congress[07]Lanny A. Breuer and Peter Koski to Jim Jordan and Acting Attorney General Todd Blanche, July 22, 2026
Smith's attorneys' reply to Jordan's referral. It also states Smith's position that the filter team did not need to review the National Archives records and that the Speech or Debate Clause was not implicated by them.
15 days between recorded events
September 2023
1 event
D.C. Circuit rules on Speech or Debate claims about Rep. Scott Perry's phone
In a sealed matter, the U.S. Court of Appeals for the D.C. Circuit held on September 5, 2023 (opinion reissued September 13) that neither Rep. Scott Perry's rule that informal fact-finding messages are always privileged nor the district court's rule that they never are was correct, so his messages with executive branch officials must be reviewed one by one for Speech or Debate protection; it held that his communications with other members about the 2020 election certification vote were "quintessential legislative acts" entitled to the privilege. The case concerned a search warrant for the contents of Perry's phone, seized in August 2022 before Smith's appointment. It did not address toll-record subpoenas.
[08]In re: Sealed Case, No. 23-3001 (D.C. Cir. Sept. 5, 2023, reissued Sept. 13, 2023)
The U.S. Court of Appeals for the D.C. Circuit's opinion on Rep. Scott Perry's claim that the Speech or Debate Clause barred review of messages on his phone, which the FBI seized under a search warrant in August 2022. It does not address toll-record subpoenas.
In re: Sealed Case, No. 23-3001 (D.C. Cir. Sept. 5, 2023, reissued Sept. 13, 2023)Pages 2-4, summary of the holding
762 days between recorded events
October 2025
4 events
Grassley releases FBI document on toll analysis for eight senators and a House member
Source release
Sen. Chuck Grassley released an FBI document dated September 27, 2023 saying an FBI special agent conducted preliminary toll analysis of limited toll records for Mike Kelly, Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis and Marsha Blackburn. Grassley's release describes them as eight Republican senators and one House member, says the data covered January 4 through 7, 2021 and did not include call content, and quotes Grassley saying Arctic Frost and related conduct was "arguably worse than Watergate."
[09]FBI Electronic Communication, "CAST Assistance," September 27, 2023 (released by Sen. Chuck Grassley)
A redacted FBI Washington Field Office document that Grassley released on October 6, 2025. It says an FBI special agent conducted preliminary toll analysis of limited toll records for nine named members of Congress.
FBI Electronic Communication, "CAST Assistance," September 27, 2023 (released by Sen. Chuck Grassley) · Federal Bureau of InvestigationPage 1, list of members whose limited toll records were analyzed[10]Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation, Grassley Oversight Reveals
The Senate Judiciary Committee majority's release of the FBI document and Grassley's statement. It gives the committee's count of the senators and House member involved and the January 4 through 7, 2021 period.
Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation, Grassley Oversight Reveals · Senate Committee on the JudiciaryFull releaseSmith's lawyers answer Grassley on the toll-record subpoena
Reaction
Smith's attorneys Lanny Breuer and Peter Koski wrote Grassley that the grand jury subpoena for the toll records of eight senators and one House member was "entirely proper, lawful, and consistent with established Department of Justice policy." They wrote that toll records contain routing information and not content, that the collection was limited to January 4 through 7, 2021, and that Smith sought Public Integrity Section authorization first. They also wrote that there was no support for FBI Director Kash Patel's assertion that Smith hid the toll-record information.
[11]Lanny A. Breuer and Peter Koski to Sen. Chuck Grassley, October 21, 2025 (Investigation of Jack Smith)
Letter from Smith's attorneys responding to Grassley and other senators about the grand jury subpoena for toll records of eight senators and one House member. It also answers statements by FBI Director Kash Patel.
Verizon and AT&T tell Grassley what subpoenas they received
Source release
Verizon told Grassley it received a May 25, 2023 special counsel grand jury subpoena for 12 numbers and produced records for all but one. AT&T told Grassley that a May 2023 subpoena covering accounts of two other members was not pursued after AT&T raised questions about its legal basis, and that it had produced no records to the special counsel for any member. AT&T's general counsel later testified that AT&T had produced records in response to two January 2023 subpoenas for a sitting member.
[05]Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records)
Verizon's letter to Grassley describing the May 25, 2023 grand jury subpoena from the special counsel's office, its date range, the nondisclosure order and the records Verizon produced.
Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records) · VerizonPages 1-4[12]AT&T to Sen. Chuck Grassley, October 24, 2025 (toll records)
AT&T's letter to Grassley about special counsel subpoenas. AT&T later told the committee it had produced records in response to two January 2023 subpoenas for a sitting member, as its general counsel described in February 2026 testimony.
[04]Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
AT&T's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the subpoenas it received from the special counsel's office in 2022 and 2023.
Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026Pages 2-3, section on the special counsel grand jury subpoenasGrassley releases 197 subpoenas requesting records on more than 430 Republican individuals and entities
Source release
On October 29, 2025, Grassley released 197 subpoenas, sent to 34 individuals and 163 businesses, that he said requested records related to at least 430 named Republican individuals and entities.
[13]NEW: Jack Smith Subpoenaed Records for Over 400 Republican Targets As Part of Arctic Frost
The committee majority's release of 197 subpoenas, sent to 34 individuals and 163 businesses, that it says requested records related to at least 430 named Republican individuals and entities.
NEW: Jack Smith Subpoenaed Records for Over 400 Republican Targets As Part of Arctic Frost · Senate Committee on the JudiciaryFull release
15 days between recorded events
November 2025
1 event
Funding law lets senators sue over data taken without notice; most affected senators say they will not
CBS News reported that a provision of the law ending the government shutdown let senators sue the United States for $500,000 per violation if their data was obtained without required notice, retroactive to 2022. Sens. Bill Hagerty, Marsha Blackburn, Ron Johnson, Josh Hawley and Dan Sullivan said they would not seek damages, while Sen. Lindsey Graham, who died in July 2026, said he would pursue remedies in court. The provision was repealed in appropriations bills signed in early February 2026.
[14]Most GOP senators whose phone records were searched won't seek damages under new law
CBS News report on the November 2025 funding-law provision that let senators sue for $500,000 if their data was obtained without required notice, and on senators' statements about whether they would sue.
Most GOP senators whose phone records were searched won't seek damages under new law · CBS NewsParagraphs on the $500,000 provision and senators' responses[15]Albuquerque Journal: US Senate payout provision repealed
Albuquerque Journal report, posted on the website of Sen. Martin Heinrich (D-NM), that Congress repealed the funding-law measure letting senators sue for $500,000 over subpoenaed phone records, in appropriations bills President Donald Trump signed on the Tuesday before publication.
Albuquerque Journal: US Senate payout provision repealedFull article, as posted on Sen. Martin Heinrich's website[16]Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings
CBS News report on Sen. Lindsey Graham's death on a Saturday evening in July 2026. It also identifies Darline as his younger sister.
Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings · CBS NewsArticle, first paragraph and biography section (sister Darline)
89 days between recorded events
February 2026
1 event
Senate subcommittee hears from phone carriers and former prosecutors
The Senate Judiciary Subcommittee on Privacy, Technology, and the Law held the first of Grassley's Arctic Frost hearings. Grassley said Verizon, AT&T and T-Mobile received at least 84 Arctic Frost or Smith subpoenas, at least 10 of which sought toll records for 20 current or former Republican members. Carrier executives described the subpoenas they received. Former prosecutors Michael Romano and Dan Schwager said toll records and nondisclosure orders are routine or common investigative steps, and Schwager called the Speech or Debate question "unclear and debatable." Durbin and Democrats called for Smith to testify.
[17]Grassley Demands Answers from Telecom Companies Who Turned Congressional Phone Records Over to Jack Smith
The committee majority's release of Grassley's prepared opening statement at the February 10, 2026 subcommittee hearing, including his count of subpoenas to Verizon, AT&T and T-Mobile.
Grassley Demands Answers from Telecom Companies Who Turned Congressional Phone Records Over to Jack Smith · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on the 84 subpoenas and the 20 members[18]Testimony of Chris Miller, Senior Vice President and General Counsel, Verizon Consumer, before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
Verizon's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the special counsel subpoenas it received and the changes it has made in handling requests involving members of Congress.
[04]Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
AT&T's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the subpoenas it received from the special counsel's office in 2022 and 2023.
Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026Pages 2-3, section on the special counsel grand jury subpoenas[19]Statement of Michael J. Romano, Former Deputy Chief, Capitol Siege Section, before the Senate Committee on the Judiciary, February 10, 2026
Written testimony by Michael Romano, a former deputy chief of the U.S. Attorney's Office for the District of Columbia's Capitol Siege Section, on toll records and nondisclosure orders in criminal investigations.
Statement of Michael J. Romano, Former Deputy Chief, Capitol Siege Section, before the Senate Committee on the Judiciary, February 10, 2026Page 1, paragraphs on toll records and nondisclosure orders[20]Statement of Dan Schwager before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
Written testimony by Dan Schwager, a former state and federal corruption prosecutor who worked in the Justice Department's Public Integrity Section, on toll records, nondisclosure orders and the Speech or Debate Clause.
[21]Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Arctic Frost
The committee Democrats' release of excerpts from Durbin's opening statement at the February 10, 2026 subcommittee hearing. The wording of his delivered remarks differs slightly from the excerpts.
Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Arctic Frost · Senate Committee on the JudiciaryKey Quotes section
154 days between recorded events
July 2026
2 events
Justice Department tells Congress Smith's team obtained texts involving 44 members
Source release
In a letter to Grassley, Assistant Attorney General Patrick Davis said Smith's investigative team apparently bypassed the filter team and directly accessed White House phone text messages from the National Archives, including texts between White House personnel and 44 current and former senators and representatives. Grassley and Sen. Ron Johnson released the letter on July 14, 2026. The department's list includes four Democrats: Sen. Cory Booker and Reps. Adam Smith, Josh Gottheimer and Karen Bass.
[06]U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team)
The Justice Department's Office of Legislative Affairs letter answering a May 8, 2026 request from Grassley and Sen. Ron Johnson. It describes the filter team, the National Archives production of White House text messages on August 21, 2023, and lists 44 current and former members whose texts with White House personnel the special counsel's team obtained.
U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team) · United States Department of JusticePages 1-4, including the list of 44 current and former members of Congress[22]NEWS: Jack Smith’s Investigative Team Secretly Obtained Text Messages from 44 Members of Congress Amid Trump Probe
The Senate Judiciary Committee majority's release of the Justice Department letter, with statements by Grassley and Sen. Ron Johnson (R-WI) and the list of members.
NEWS: Jack Smith’s Investigative Team Secretly Obtained Text Messages from 44 Members of Congress Amid Trump Probe · Senate Committee on the JudiciaryFull release, including the list of 44 membersJordan refers Smith to the Justice Department; Smith's lawyers reply
Claim
House Judiciary Chairman Jim Jordan wrote Acting Attorney General Todd Blanche that Smith "seemingly made willfully and intentionally false statements of material fact" in his December 17, 2025 deposition, citing his answers that he sought only toll records of members and Justice Department documents showing his team obtained the texts of 44 members from the National Archives. Smith's lawyers replied the same day that his answers were truthful and that the referral rests on "because of what he did not say." The Justice Department confirmed receipt and said it "will investigate all evidence of criminal conduct." Whether Smith made false statements is not the question of this case.
[23]Jim Jordan to Acting Attorney General Todd Blanche, July 22, 2026 (referral of Jack Smith)
House Judiciary Chairman Jim Jordan's letter asking the Justice Department to investigate whether Smith made false statements in his December 17, 2025 deposition about records of members of Congress.
Jim Jordan to Acting Attorney General Todd Blanche, July 22, 2026 (referral of Jack Smith) · House Committee on the JudiciaryPages 1-6[07]Lanny A. Breuer and Peter Koski to Jim Jordan and Acting Attorney General Todd Blanche, July 22, 2026
Smith's attorneys' reply to Jordan's referral. It also states Smith's position that the filter team did not need to review the National Archives records and that the Speech or Debate Clause was not implicated by them.
[24]Rep. Jim Jordan formally asks DOJ to prosecute Jack Smith over congressional testimony
NBC News report on Jordan's July 22, 2026 referral, the Justice Department's statement that it will investigate all evidence of criminal conduct, and the responses of Smith's lawyers and Rep. Jamie Raskin.
Rep. Jim Jordan formally asks DOJ to prosecute Jack Smith over congressional testimony · NBC NewsParagraphs on the Justice Department's confirmation of receipt and Smith's lawyers' response[25]Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe
Associated Press report, published by PBS News, on Jordan's July 22, 2026 referral of Smith and the responses of Smith's lawyers, Rep. Jamie Raskin and the Justice Department.
Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe · PBS NewsHourParagraphs on the December 2025 exchange and the Justice Department statement
69 days between recorded events
September 2026
3 events
Senate Judiciary Committee hears from Smith on the records of members
Smith was the only witness at the committee's September 29, 2026 hearing. His written statement said the special counsel's office "followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law." Grassley said the government sought toll records from at least four members before Smith and that Smith sought those of 16. Smith told Durbin that his office consulted the Public Integrity Section before obtaining non-content toll records. Cruz and Hawley pressed him on the nondisclosure orders, and he agreed his office did not tell the court who the subpoenas were for. Sen. Darline Graham (R-SC) told him his office had secured a subpoena for the phone records of her brother, Sen. Lindsey Graham, who died in July 2026; Smith replied that Lindsey Graham was not a target of the investigation. Sens. Katie Britt and Mike Lee each cited 44 subpoenas for members' toll records. Coons and Whitehouse said Smith's requests matched Justice Department policy at the time and the practice of the first Trump administration, and Coons cited the Justice Department inspector general's 2024 report. Durbin called the attacks on Smith "petty, personal, and political."
[26]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. In his opening remarks Chairman Chuck Grassley gave the committee majority's account of the toll records, the text messages and the nondisclosure orders.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciaryChairman Grassley's opening remarks, about 0:31:39 to 0:37:05 on the archived video timeline (toll-record passages at 0:31:44-0:32:26 and 0:36:42-0:37:05)[27]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Durbin asked Smith what involvement his office had with information from members of Congress, and Smith described the toll records his office obtained.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Dick Durbin's questions and Jack Smith's answers on toll records and wiretaps, about 1:10:40 to 1:18:15 on the archived video timeline[28]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Katie Britt gave figures for the subpoenas and members she said were affected and asked Smith about the reasons stated in the nondisclosure orders.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Katie Britt's question about subpoenas for members' toll records and nondisclosure orders, about 2:15:40 to 2:16:30 on the archived video timeline[29]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Mike Lee gave figures for the subpoenas and asked Smith whether his office told the judge the subpoenas were for members of Congress, and Smith answered.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Mike Lee's questions about subpoenas, the Public Integrity Section and the judge who signed the orders, about 2:37:30 to 2:39:15 on the archived video timeline[30]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Ted Cruz read language from a nondisclosure order, asked Smith about a federal statute on Senate communication records, and Smith explained why his office sought the orders.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Ted Cruz's questions and Smith's answers on nondisclosure orders and 2 U.S.C. section 6628, about 3:17:00 to 3:20:15 on the archived video timeline[31]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Josh Hawley questioned Smith about the Speech or Debate Clause, the nondisclosure orders and the court, and Smith answered.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Josh Hawley's questions and Smith's answers, about 4:18:40 to 4:21:10, and Smith's closing response at about 4:26:06 to 4:26:25 on the archived video timeline[32]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Coons used the end of his time to ask Smith about nondisclosure orders and to describe legislation he sponsors with Sen. Mike Lee.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Chris Coons's questions on nondisclosure orders, about 1:41:00 to 1:43:10 on the archived video timeline[33]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Sheldon Whitehouse compared Smith's toll-record subpoenas and nondisclosure orders with the Justice Department's practice in the first Trump administration.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Sheldon Whitehouse's questions on toll records, wiretaps, text messages and nondisclosure orders, about 4:04:52 to 4:12:26 on the archived video timeline[34]Statement of Jack Smith, Former Special Counsel, U.S. Department of Justice, before the Committee on the Judiciary, U.S. Senate, September 29, 2026
Smith's written statement to the Senate Judiciary Committee, posted on the committee's hearing page. It describes his approach as special counsel in general terms; his remarks on the toll records and text messages came in answers to senators' questions.
Statement of Jack Smith, Former Special Counsel, U.S. Department of Justice, before the Committee on the Judiciary, U.S. Senate, September 29, 2026 · Senate Committee on the JudiciaryPages 1-2, paragraphs on Justice Department policy and on threats of prosecution[35]Durbin Delivers Opening Statement During Judiciary Committee Hearing With Former Special Counsel Jack Smith
Sen. Dick Durbin's office's release of excerpts from his opening statement at the September 29, 2026 hearing, including his statement that there was nothing untoward about the investigation.
Durbin Delivers Opening Statement During Judiciary Committee Hearing With Former Special Counsel Jack Smith · Dick DurbinKey Quotes section[36]A Review of the Department of Justice's Issuance of Compulsory Process to Obtain Records of Members of Congress, Congressional Staffers, and Members of the News Media (Report 25-010)
The Justice Department inspector general's December 2024 report on leak investigations opened in 2017. It found the department obtained non-content records of two Democratic members of Congress and 43 congressional staffers, and it addresses nondisclosure orders. It is not a review of Arctic Frost or Smith's investigation.
A Review of the Department of Justice's Issuance of Compulsory Process to Obtain Records of Members of Congress, Congressional Staffers, and Members of the News Media (Report 25-010) · United States Department of JusticeChapter One, pages 1-6; Chapter Two, pages 40-49[37]Senators gear up for Judiciary clash with Jack Smith
Roll Call's preview of the September 29, 2026 hearing. It reports that no court has found wrongdoing by Smith or his prosecutors in the probes themselves.
Senators gear up for Judiciary clash with Jack Smith · Roll CallParagraph beginning "No court has found wrongdoing"[38]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters
Source excerpt
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters. Witness: Jack Smith, Former Special Counsel, Department of Justice, Washington, DC.
The Senate Judiciary Committee's own hearing page, confirming the hearing's title, date, time, room, and witness.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters · Senate Committee on the JudiciaryCommittee hearing page for the September 29, 2026, 9:00 a.m. hearing, Hart Senate Office Building Room 216[39]Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Darline Graham (R-SC) said Smith's office had secured a subpoena for the phone records of her brother, Sen. Lindsey Graham, and questioned the nondisclosure order; Smith answered that Lindsey Graham was not a target of the investigation.
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Darline Graham's remarks and questions to Smith, about 3:35:46 to 3:43:21 on the archived video timeline[16]Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings
CBS News report on Sen. Lindsey Graham's death on a Saturday evening in July 2026. It also identifies Darline as his younger sister.
Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings · CBS NewsArticle, first paragraph and biography section (sister Darline)Schmitt asks Smith about a Warriors-Hawks game in Atlanta
Claim
Sen. Eric Schmitt asked Smith, "Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3rd, 2024?" Smith said "No," said he had no recollection of it and said, "I definitely did not go to a Hawks game." Schmitt displayed a poster of text messages he described as coming from Smith's team and said, "I think you've already perjured yourself." The game question does not bear on the records of members of Congress.
[40]Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta
Source excerpt
Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3rd, 2024? ... I definitely did not go to a Hawks game. I'm sure of that. ... It was Maryland playing Iowa, I think, February of 2024. ... I think that people should have their facts straight before they accuse someone of being a dirtbag and not get the teams wrong. ... You had the teams wrong, sir.
C-SPAN video clip of the September 29, 2026 Senate Judiciary Committee hearing at which Jack Smith testified. The clip covers Sen. Eric Schmitt's questions about Smith's attendance at a February 3, 2024 basketball game, Smith's denial and later clarification, and Sen. Amy Klobuchar's real-time correction. DI reviewed the audio directly to verify the exact wording of this exchange rather than relying on news paraphrase.
Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta · C-SPANClip runtime 0:00-7:11. Sen. Schmitt's opening question and the text-message poster exchange run from 0:00-1:35. Jack Smith's Maryland-Iowa clarification and Sen. Klobuchar's on-the-record correction run from approximately 5:20-7:11.Smith recalls a Maryland game where Caitlin Clark played; Klobuchar says the teams were wrong; Schmitt says it is up to a prosecutor
Reaction
When Sen. Amy Klobuchar asked that Smith be allowed to see the poster, Smith said that, if it referred to the correct game, he recalled going to a University of Maryland basketball game where Caitlin Clark was playing around that time, and that the date could be checked. Klobuchar said people should have their facts straight before accusing someone of being a dirtbag and not get the teams wrong. Schmitt responded, "I stand by that statement," without saying which statement. At the end of her questioning time, Klobuchar said Iowa had played Maryland on February 3, 2024, and that for a senator to have false information and imply, based on a confusion about the name of a team, that Smith was involved in events in Georgia, and then call him a dirtbag, "is something that deserves an apology." Asked outside the hearing room whether he still thought Smith had perjured himself, Schmitt told NBC News it would be "up to a prosecutor to determine." Both games were played on February 3, 2024: ESPN lists Iowa's 93-85 win at Maryland, and Basketball-Reference lists the Hawks' 141-134 overtime win over the Warriors in Atlanta. The only evidence we found that Smith attended a game that day is his own hedged testimony.
[40]Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta
Source excerpt
Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3rd, 2024? ... I definitely did not go to a Hawks game. I'm sure of that. ... It was Maryland playing Iowa, I think, February of 2024. ... I think that people should have their facts straight before they accuse someone of being a dirtbag and not get the teams wrong. ... You had the teams wrong, sir.
C-SPAN video clip of the September 29, 2026 Senate Judiciary Committee hearing at which Jack Smith testified. The clip covers Sen. Eric Schmitt's questions about Smith's attendance at a February 3, 2024 basketball game, Smith's denial and later clarification, and Sen. Amy Klobuchar's real-time correction. DI reviewed the audio directly to verify the exact wording of this exchange rather than relying on news paraphrase.
Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta · C-SPANClip runtime 0:00-7:11. Sen. Schmitt's opening question and the text-message poster exchange run from 0:00-1:35. Jack Smith's Maryland-Iowa clarification and Sen. Klobuchar's on-the-record correction run from approximately 5:20-7:11.[41]Live updates: Jack Smith defends Trump investigations amid grilling from GOP senators
Source excerpt
We’ll find out. That’s going to be up to a prosecutor to determine. My job here today was to ask questions and get answers.
NBC News live blog entry reporting Schmitt's questions to Smith about the February 3, 2024 game, Klobuchar's closing remarks about the Iowa-Maryland game, and Schmitt's comments to NBC News outside the hearing room.
Live updates: Jack Smith defends Trump investigations amid grilling from GOP senators · NBC NewsLive blog entry on Sen. Eric Schmitt's exchange with Jack Smith, Sen. Amy Klobuchar's closing remarks and Schmitt's comments outside the hearing room[42]Iowa 93-85 Maryland (Feb 3, 2024) Final Score - ESPN
ESPN game page for the Iowa-Maryland women's basketball game played February 3, 2024 at the Xfinity Center in College Park, Maryland.
Iowa 93-85 Maryland (Feb 3, 2024) Final Score - ESPNGame page: final score, venue and player statistics[43]Golden State Warriors at Atlanta Hawks Box Score, February 3, 2024
Basketball-Reference box score for the Warriors-Hawks NBA game played February 3, 2024 at State Farm Arena in Atlanta.
Golden State Warriors at Atlanta Hawks Box Score, February 3, 2024Box score: date, arena and final score
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Sen. Chuck Grassley said that Jack Smith sought the toll records of 16 members of Congress, that the government sought toll records from at least four members before Smith, and that Smith's team also obtained the content of member communications, breaching the Speech or Debate Clause.
Sources (2)
- Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciaryChairman Grassley's opening remarks, about 0:31:39 to 0:37:05 on the archived video timeline (toll-record passages at 0:31:44-0:32:26 and 0:36:42-0:37:05)
- Grassley Opens Senate Judiciary Oversight Hearing on Arctic Frost and Jack Smith’s Abuse of Authority · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on toll records, Speech or Debate, Non-Disclosure Orders and the 44 Members
Disputed claim
The interim report by Republican staff of the House Judiciary Committee said that subpoenas for the phone records of over a dozen Republican members of Congress were unconstitutional, that they violated the Speech or Debate Clause, and that gag orders kept the members from challenging them.
House Committee on the Judiciary
Sources (1)
- How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report) · House Committee on the JudiciaryExecutive summary, pages 1-5; Section I, pages 7-41; Section II, pages 42-53; index of exhibits, pages 55-56
Disputed claim
Jack Smith said that the toll records his office obtained from telephone companies were non-content records, that the Public Integrity Section approved the subpoenas, and that the nondisclosure orders were consistent with the law and Justice Department policy at the time.
Sources (2)
- Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Dick Durbin's questions and Jack Smith's answers on toll records and wiretaps, about 1:10:40 to 1:18:15 on the archived video timeline
- Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Ted Cruz's questions and Smith's answers on nondisclosure orders and 2 U.S.C. section 6628, about 3:17:00 to 3:20:15 on the archived video timeline
Response record
Responses
Latest recorded positions: 19. Dates: October 7, 2025 to September 29, 2026
Choose one response filter, or select All responses to see the full record.
1 response on this page
Administrative Office of the U.S. Courts "As set forth in my previous letter of November 12, 2025, it would encroach upon the separation of powers and the independence of the Judiciary for judges to be required to explain their deliberative processes in reaching judicial decisions. ... Applications for NDOs typically do not attach the related subpoena; rather they identify the subject accounts only by a signifier — e.g., a phone number. As a result, NDO applications would not reveal whether a particular phone number belonged to a member of Congress."
Read the original text (opens in a new tab)Administrative Office of the U.S. Courts to Sen. Chuck Grassley, December 1, 2025 (nondisclosure orders) · Administrative Office of the U.S. CourtsPages 1-3Read the original text (opens in a new tab)Grassley, Johnson and Jordan to Chief Judge James E. Boasberg, November 20, 2025 (nondisclosure orders)Pages 1-3Explicitly stayed outCase context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
Read more
Robert J. Conrad Jr., director of the Administrative Office of the U.S. Courts, replied on December 1, 2025 to a November 20 letter that asked Chief Judge James Boasberg to explain his nondisclosure orders. Conrad wrote that judges should not be required to explain their deliberative processes and that the matters remained under seal, and described general practice: applications typically identify accounts only by phone number, so they would not reveal whether a number belonged to a member of Congress.
Role at the time: Director of the Administrative Office of the U.S. Courts, in a letter to Sen. Chuck Grassley (identical letters went to Rep. Jim Jordan and Sen. Ron Johnson)
Before the statement
The November 20, 2025 letter from Grassley, Johnson and Jordan to Chief Judge Boasberg asked whether the special counsel's office told the court it sought records for sitting members of Congress and whether the court considered 2 U.S.C. section 6628. It said 19 of 45 nondisclosure orders on Verizon and AT&T subpoenas, including those for members' records, were signed by Boasberg, and asked for answers by December 4.
After the statement
The Administrative Office's letter cited the Justice Department inspector general's December 2024 report, which found that department policy then did not require nondisclosure applications to say the records were a member's, and noted the department changed its manual in September 2024. As of September 29, 2026, we could not locate a public statement from Boasberg about the orders.
Administrative Office of the U.S. Courts to Sen. Chuck Grassley, December 1, 2025 (nondisclosure orders) · Administrative Office of the U.S. CourtsPages 1-3Why this label?
The Administrative Office did not say whether the orders were proper. It declined, on separation-of-powers grounds, to have judges explain their decisions, and supplied information about typical practice instead. Because the source records it expressly declining to address the judge's reasoning, we labeled it Explicitly stayed out.
This label describes the statement's response within the context above.
Sources
(63)
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Full hearing, from Chairman Grassley's opening at about 0:21:40 to adjournment at about 4:27:00 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the full September 29, 2026 hearing, which ran about four hours with Jack Smith as the only witness. The senators' questions on toll records, text messages and nondisclosure orders are spread across the hearing.
- Published
- Accessed
Official statement
Ranking Member Raskin's Opening Statement at Hearing with Special Counsel Jack Smith
Relevant passage: Opening statement, paragraph beginning "My colleagues have complained about the Special Counsel's review of toll records"
About this source
House Judiciary Committee Democrats' text of Ranking Member Jamie Raskin's opening remarks at the committee's January 22, 2026 hearing with Jack Smith. In one paragraph Raskin addresses Republican complaints about the toll records of members of Congress.
- Published
- Accessed
Official statement
VIDEO: Blackburn Presses Phone Company Executives on Complicity in Jack Smith's Witch Hunt Against Conservatives
Relevant passage: First excerpt section, "Blackburn Calls Arctic Frost 'Worst Weaponization of Government in American History'"
About this source
Sen. Marsha Blackburn's office released abridged excerpts of her opening remarks at the February 10, 2026 Senate Judiciary subcommittee hearing on Arctic Frost. The excerpts leave out some passages with ellipses, so the hearing video is the full record of her words.
- Published
- Accessed
Original video
Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video)
Relevant passage: Sen. Marsha Blackburn's opening remarks, about 0:16:26 to 0:20:14 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the February 10, 2026 subcommittee hearing. Sen. Marsha Blackburn, who chaired the subcommittee, said five members of the Judiciary Committee had their phone records subpoenaed and criticized the nondisclosure orders.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Adam Schiff's remarks to Smith, about 3:44:50 to 3:45:24 and 3:53:32 to 3:53:41 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Adam Schiff said Republican senators had not objected when an earlier Justice Department sought members' toll records, and said members' toll records were requested as witnesses, not targets.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Katie Britt's questions to Smith on subpoenas, nondisclosure orders and the separation of powers, about 2:15:33 to 2:18:26 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Katie Britt gave figures for the subpoenas, asked whether Smith believed senators would have tampered with evidence, and described what she said was the actual reason for the nondisclosure orders.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Mike Lee's questions to Smith on toll records, the Public Integrity Section and nondisclosure orders, about 2:36:32 to 2:39:30 and 2:41:43 to 2:43:03 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Mike Lee asked Smith about the Public Integrity Section's warnings, the nondisclosure orders and what Smith's office told Chief Judge James Boasberg, and described the NDO Fairness Act.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. John Kennedy's questions to Smith on senators' phone records and nondisclosure orders, about 1:29:13 to 1:31:07 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. John Kennedy asked Smith whether he sought senators' phone records, whether he knew that violated the Speech or Debate Clause, and whether he told the judge the records were members'.
- Published
- Accessed
Interview
Patel: 'We're just warming up' in investigation of alleged tracking of GOP senators
Relevant passage: FBI Director Kash Patel's answer to Sean Hannity's question about FBI results, about 0:58 to 1:07 of the video
About this source
Fox News video of Patel's interview with Sean Hannity. Early in the interview, answering a question about FBI results, Patel said agents do their job when they are not forced to politicize law enforcement, lie to federal courts, get secret search warrants and spy on members of Congress.
- Published
- Accessed
Reporting
Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings
Relevant passage: Article, first paragraph and biography section (sister Darline)
About this source
CBS News report on Sen. Lindsey Graham's death on a Saturday evening in July 2026. It also identifies Darline as his younger sister.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Sheldon Whitehouse's questions to Smith on toll records, about 4:04:07 to 4:09:20 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Sheldon Whitehouse (D-RI) compared Smith's toll-record subpoenas and nondisclosure orders with those of the Justice Department in the first Trump administration.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Darline Graham's remarks and questions to Smith, about 3:35:46 to 3:43:21 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Darline Graham (R-SC) said Smith's office had secured a subpoena for the phone records of her brother, Sen. Lindsey Graham, and questioned the nondisclosure order; Smith answered that Lindsey Graham was not a target of the investigation.
- Published
- Accessed
Reporting
Albuquerque Journal: US Senate payout provision repealed
Relevant passage: Full article, as posted on Sen. Martin Heinrich's website
About this source
Albuquerque Journal report, posted on the website of Sen. Martin Heinrich (D-NM), that Congress repealed the funding-law measure letting senators sue for $500,000 over subpoenaed phone records, in appropriations bills President Donald Trump signed on the Tuesday before publication.
- Author
- Cathy Cook
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Richard Blumenthal's opening questions, in which he gives Smith time to respond to Sen. Katie Britt, about 2:20:12 to 2:21:15 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Richard Blumenthal gave Smith part of his time to respond to Sen. Katie Britt's questions, and Smith explained why his office sought the nondisclosure orders.
- Published
- Accessed
Reporting
Most GOP senators whose phone records were searched won't seek damages under new law
Relevant passage: Paragraphs on the $500,000 provision and senators' responses
About this source
CBS News report on the November 2025 funding-law provision that let senators sue for $500,000 if their data was obtained without required notice, and on senators' statements about whether they would sue.
- Published
- Accessed
Reporting
Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe
Relevant passage: Paragraphs on the December 2025 exchange and the Justice Department statement
About this source
Associated Press report, published by PBS News, on Jordan's July 22, 2026 referral of Smith and the responses of Smith's lawyers, Rep. Jamie Raskin and the Justice Department.
- Author
- Eric Tucker, Associated Press
- Published
- Accessed
Reporting
Rep. Jim Jordan formally asks DOJ to prosecute Jack Smith over congressional testimony
Relevant passage: Paragraphs on the Justice Department's confirmation of receipt and Smith's lawyers' response
About this source
NBC News report on Jordan's July 22, 2026 referral, the Justice Department's statement that it will investigate all evidence of criminal conduct, and the responses of Smith's lawyers and Rep. Jamie Raskin.
- Author
- Kyla Guilfoil
- Published
- Accessed
Reporting
Jack Smith defends handling of Trump probes at heated Senate hearing
Relevant passage: Live updates for 9:22 AM, 10:11 AM, 10:39 AM, 12:41 PM and 12:52 PM
About this source
CBS News live coverage of the September 29, 2026 hearing, including Smith's answers to Durbin and Cruz and his testimony that the strongest witnesses in the election case were Republicans.
- Published
- Accessed
Reporting
Senators gear up for Judiciary clash with Jack Smith
Relevant passage: Paragraph beginning "No court has found wrongdoing"
About this source
Roll Call's preview of the September 29, 2026 hearing. It reports that no court has found wrongdoing by Smith or his prosecutors in the probes themselves.
- Author
- Michael Macagnone
- Published
- Accessed
Official statement
Rep. Fitzgerald's NDO Fairness Act Passes House of Representatives
Relevant passage: Full release
About this source
Rep. Scott Fitzgerald's (R-WI) release saying the House passed his NDO Fairness Act unanimously on August 31, 2026. It links the bill to Smith's use of nondisclosure orders for members' phone records.
- Author
- Scott Fitzgerald
- Published
- Accessed
Interview
Patel: 'We're just warming up' in investigation of alleged tracking of GOP senators
Relevant passage: FBI Director Kash Patel's answer to Sean Hannity's question about Jack Smith and senators' phone records, about 2:49 to 4:40 of the video
About this source
Fox News video of FBI Director Kash Patel's interview with host Sean Hannity, posted October 7, 2025. Patel answered a question about the FBI's handling of records on eight senators.
- Published
- Accessed
Original text
Statement of Michael J. Romano, Former Deputy Chief, Capitol Siege Section, before the Senate Committee on the Judiciary, February 10, 2026
Relevant passage: Page 1, paragraphs on toll records and nondisclosure orders
About this source
Written testimony by Michael Romano, a former deputy chief of the U.S. Attorney's Office for the District of Columbia's Capitol Siege Section, on toll records and nondisclosure orders in criminal investigations.
- Author
- Michael J. Romano
- Published
- Accessed
Original text
Statement of Dan Schwager before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
Relevant passage: Pages 4-5
About this source
Written testimony by Dan Schwager, a former state and federal corruption prosecutor who worked in the Justice Department's Public Integrity Section, on toll records, nondisclosure orders and the Speech or Debate Clause.
- Author
- Dan Schwager
- Published
- Accessed
Original text
Testimony of David R. McAtee II, Senior Executive Vice President and General Counsel, AT&T Inc., before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
Relevant passage: Pages 2-3, section on the special counsel grand jury subpoenas
About this source
AT&T's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the subpoenas it received from the special counsel's office in 2022 and 2023.
- Author
- David R. McAtee II
- Published
- Accessed
Original text
Testimony of Chris Miller, Senior Vice President and General Counsel, Verizon Consumer, before the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, February 10, 2026
Relevant passage: Pages 1-3
About this source
Verizon's written testimony to the Senate Judiciary Subcommittee on Privacy, Technology, and the Law about the special counsel subpoenas it received and the changes it has made in handling requests involving members of Congress.
- Author
- Chris Miller
- Published
- Accessed
Official statement
NEW: Jack Smith Subpoenaed Records for Over 400 Republican Targets As Part of Arctic Frost
Relevant passage: Full release
About this source
The committee majority's release of 197 subpoenas, sent to 34 individuals and 163 businesses, that it says requested records related to at least 430 named Republican individuals and entities.
- Author
- Chuck Grassley
- Published
- Accessed
Official statement
Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith’s Conduct and Candor
Relevant passage: Prepared opening statement, paragraphs on the list of 14 members and the Speech or Debate quotation
About this source
The committee majority's release of Grassley's prepared opening statement at the March 24, 2026 subcommittee hearing, describing records dated January 2023 that name 14 members of Congress.
- Author
- Chuck Grassley
- Published
- Accessed
Official statement
Grassley Demands Answers from Telecom Companies Who Turned Congressional Phone Records Over to Jack Smith
Relevant passage: Prepared opening statement, paragraphs on the 84 subpoenas and the 20 members
About this source
The committee majority's release of Grassley's prepared opening statement at the February 10, 2026 subcommittee hearing, including his count of subpoenas to Verizon, AT&T and T-Mobile.
- Author
- Chuck Grassley
- Published
- Accessed
Original text
A Review of the Department of Justice's Issuance of Compulsory Process to Obtain Records of Members of Congress, Congressional Staffers, and Members of the News Media (Report 25-010)
Relevant passage: Chapter One, pages 1-6; Chapter Two, pages 40-49
About this source
The Justice Department inspector general's December 2024 report on leak investigations opened in 2017. It found the department obtained non-content records of two Democratic members of Congress and 43 congressional staffers, and it addresses nondisclosure orders. It is not a review of Arctic Frost or Smith's investigation.
- Author
- Department of Justice Office of the Inspector General
- Published
- Accessed
Original text
In re: Sealed Case, No. 23-3001 (D.C. Cir. Sept. 5, 2023, reissued Sept. 13, 2023)
Relevant passage: Pages 2-4, summary of the holding
About this source
The U.S. Court of Appeals for the D.C. Circuit's opinion on Rep. Scott Perry's claim that the Speech or Debate Clause barred review of messages on his phone, which the FBI seized under a search warrant in August 2022. It does not address toll-record subpoenas.
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- Accessed
Original text
Lanny A. Breuer and Peter Koski to Jim Jordan and Acting Attorney General Todd Blanche, July 22, 2026
Relevant passage: Pages 1-3
About this source
Smith's attorneys' reply to Jordan's referral. It also states Smith's position that the filter team did not need to review the National Archives records and that the Speech or Debate Clause was not implicated by them.
- Author
- Lanny A. Breuer and Peter Koski
- Published
- Accessed
Original text
Jim Jordan to Acting Attorney General Todd Blanche, July 22, 2026 (referral of Jack Smith)
Relevant passage: Pages 1-6
About this source
House Judiciary Chairman Jim Jordan's letter asking the Justice Department to investigate whether Smith made false statements in his December 17, 2025 deposition about records of members of Congress.
- Author
- Jim Jordan
- Published
- Accessed
Official statement
NEWS: Jack Smith’s Investigative Team Secretly Obtained Text Messages from 44 Members of Congress Amid Trump Probe
Relevant passage: Full release, including the list of 44 members
About this source
The Senate Judiciary Committee majority's release of the Justice Department letter, with statements by Grassley and Sen. Ron Johnson (R-WI) and the list of members.
- Author
- Chuck Grassley and Ron Johnson
- Published
- Accessed
Original text
U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team)
Relevant passage: Pages 1-4, including the list of 44 current and former members of Congress
About this source
The Justice Department's Office of Legislative Affairs letter answering a May 8, 2026 request from Grassley and Sen. Ron Johnson. It describes the filter team, the National Archives production of White House text messages on August 21, 2023, and lists 44 current and former members whose texts with White House personnel the special counsel's team obtained.
- Author
- Patrick D. Davis
- Published
- Accessed
Original text
Administrative Office of the U.S. Courts to Sen. Chuck Grassley, December 1, 2025 (nondisclosure orders)
Relevant passage: Pages 1-3
About this source
The federal judiciary's administrative office replied to the November 20, 2025 letter. Identical letters went to Rep. Jim Jordan and Sen. Ron Johnson, and Sen. Dick Durbin was copied.
- Author
- Robert J. Conrad, Jr.
- Published
- Accessed
Original text
Grassley, Johnson and Jordan to Chief Judge James E. Boasberg, November 20, 2025 (nondisclosure orders)
Relevant passage: Pages 1-3
About this source
Letter from Sens. Chuck Grassley and Ron Johnson and Rep. Jim Jordan asking the chief judge of the D.C. federal district court eight questions about the nondisclosure orders he signed in Arctic Frost and special counsel subpoenas.
- Author
- Chuck Grassley, Ron Johnson and Jim Jordan
- Published
- Accessed
Original text
Lanny A. Breuer and Peter Koski to Sen. Chuck Grassley, October 21, 2025 (Investigation of Jack Smith)
Relevant passage: Pages 1-4
About this source
Letter from Smith's attorneys responding to Grassley and other senators about the grand jury subpoena for toll records of eight senators and one House member. It also answers statements by FBI Director Kash Patel.
- Author
- Lanny A. Breuer and Peter Koski
- Published
- Accessed
Original text
AT&T to Sen. Chuck Grassley, October 24, 2025 (toll records)
Relevant passage: Page 1
About this source
AT&T's letter to Grassley about special counsel subpoenas. AT&T later told the committee it had produced records in response to two January 2023 subpoenas for a sitting member, as its general counsel described in February 2026 testimony.
- Author
- David Chorzempa
- Published
- Accessed
Original text
Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records)
Relevant passage: Pages 1-4
About this source
Verizon's letter to Grassley describing the May 25, 2023 grand jury subpoena from the special counsel's office, its date range, the nondisclosure order and the records Verizon produced.
- Author
- Robert S. Fisher
- Published
- Accessed
Official statement
Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation, Grassley Oversight Reveals
Relevant passage: Full release
About this source
The Senate Judiciary Committee majority's release of the FBI document and Grassley's statement. It gives the committee's count of the senators and House member involved and the January 4 through 7, 2021 period.
- Author
- Chuck Grassley
- Published
- Accessed
Original text
FBI Electronic Communication, "CAST Assistance," September 27, 2023 (released by Sen. Chuck Grassley)
Relevant passage: Page 1, list of members whose limited toll records were analyzed
About this source
A redacted FBI Washington Field Office document that Grassley released on October 6, 2025. It says an FBI special agent conducted preliminary toll analysis of limited toll records for nine named members of Congress.
- Published
- Accessed
Original text
How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report)
Relevant passage: Executive summary, pages 1-5; Section I, pages 7-41; Section II, pages 42-53; index of exhibits, pages 55-56
About this source
The House Judiciary Committee's interim staff report, released under Chairman Jim Jordan (R-OH). It argues that toll-record subpoenas and nondisclosure orders in Arctic Frost and Smith's investigation were unconstitutional and quotes from prosecutors' interviews, Smith's deposition and hearing testimony, and Justice Department emails.
- Author
- House Committee on the Judiciary
- Published
- Accessed
Official statement
Arctic Frost | United States Senate Committee on the Judiciary
Relevant passage: Timeline entries for April 4, 2022, April 13, 2022 and November 18, 2022, and the list of press releases and document releases
About this source
The Senate Judiciary Committee majority's page on Arctic Frost. It presents the Republican majority's account and links to its releases, letters and document productions.
- Accessed
Official statement
Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Arctic Frost
Relevant passage: Key Quotes section
About this source
The committee Democrats' release of excerpts from Durbin's opening statement at the February 10, 2026 subcommittee hearing. The wording of his delivered remarks differs slightly from the excerpts.
- Author
- Dick Durbin
- Published
- Accessed
Official statement
Durbin Delivers Opening Statement During Judiciary Committee Hearing With Former Special Counsel Jack Smith
Relevant passage: Key Quotes section
About this source
Sen. Dick Durbin's office's release of excerpts from his opening statement at the September 29, 2026 hearing, including his statement that there was nothing untoward about the investigation.
- Author
- Dick Durbin
- Published
- Accessed
Official statement
Grassley Opens Senate Judiciary Oversight Hearing on Arctic Frost and Jack Smith’s Abuse of Authority
Relevant passage: Prepared opening statement, paragraphs on toll records, Speech or Debate, Non-Disclosure Orders and the 44 Members
About this source
The committee majority's posting of Chairman Grassley's prepared opening statement for the September 29, 2026 hearing. The wording of his delivered remarks differs slightly in places.
- Author
- Chuck Grassley
- Published
- Accessed
Original text
Statement of Jack Smith, Former Special Counsel, U.S. Department of Justice, before the Committee on the Judiciary, U.S. Senate, September 29, 2026
Relevant passage: Pages 1-2, paragraphs on Justice Department policy and on threats of prosecution
About this source
Smith's written statement to the Senate Judiciary Committee, posted on the committee's hearing page. It describes his approach as special counsel in general terms; his remarks on the toll records and text messages came in answers to senators' questions.
- Author
- Jack Smith
- Published
- Accessed
Original video
Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video)
Relevant passage: Sen. Dick Durbin's opening remarks, about 0:20:33 to 0:24:00 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the February 10, 2026 subcommittee hearing with representatives of AT&T, T-Mobile and Verizon and two former prosecutors. Durbin, the committee's ranking member, spoke before Chairman Grassley.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Josh Hawley's questions and Smith's answers, about 4:18:40 to 4:21:10, and Smith's closing response at about 4:26:06 to 4:26:25 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Josh Hawley questioned Smith about the Speech or Debate Clause, the nondisclosure orders and the court, and Smith answered.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Sheldon Whitehouse's questions on toll records, wiretaps, text messages and nondisclosure orders, about 4:04:52 to 4:12:26 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Sheldon Whitehouse compared Smith's toll-record subpoenas and nondisclosure orders with the Justice Department's practice in the first Trump administration.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Cory Booker's remarks to Smith, about 3:29:56 to 3:30:45 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Cory Booker responded to Republican claims that the investigation was partisan and said his own records and text messages were among those obtained.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Ted Cruz's questions and Smith's answers on nondisclosure orders and 2 U.S.C. section 6628, about 3:17:00 to 3:20:15 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Ted Cruz read language from a nondisclosure order, asked Smith about a federal statute on Senate communication records, and Smith explained why his office sought the orders.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Mike Lee's questions about subpoenas, the Public Integrity Section and the judge who signed the orders, about 2:37:30 to 2:39:15 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Mike Lee gave figures for the subpoenas and asked Smith whether his office told the judge the subpoenas were for members of Congress, and Smith answered.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Katie Britt's question about subpoenas for members' toll records and nondisclosure orders, about 2:15:40 to 2:16:30 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Katie Britt gave figures for the subpoenas and members she said were affected and asked Smith about the reasons stated in the nondisclosure orders.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Chris Coons's questions on nondisclosure orders, about 1:41:00 to 1:43:10 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Coons used the end of his time to ask Smith about nondisclosure orders and to describe legislation he sponsors with Sen. Mike Lee.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Eric Schmitt's question about members' emails and text messages and Smith's answer, about 1:52:56 to 1:54:09 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Schmitt asked whether Smith's office sought the contents of members of Congress's emails or text messages, and Smith answered about toll records and White House phones.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Sen. Dick Durbin's questions and Jack Smith's answers on toll records and wiretaps, about 1:10:40 to 1:18:15 on the archived video timeline
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Durbin asked Smith what involvement his office had with information from members of Congress, and Smith described the toll records his office obtained.
- Published
- Accessed
Original video
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)
Relevant passage: Chairman Grassley's opening remarks, about 0:31:39 to 0:37:05 on the archived video timeline (toll-record passages at 0:31:44-0:32:26 and 0:36:42-0:37:05)
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. In his opening remarks Chairman Chuck Grassley gave the committee majority's account of the toll records, the text messages and the nondisclosure orders.
- Published
- Accessed
Reporting
Golden State Warriors at Atlanta Hawks Box Score, February 3, 2024
Relevant passage: Box score: date, arena and final score
About this source
Basketball-Reference box score for the Warriors-Hawks NBA game played February 3, 2024 at State Farm Arena in Atlanta.
- Published
- Accessed
Reporting
Iowa 93-85 Maryland (Feb 3, 2024) Final Score - ESPN
Relevant passage: Game page: final score, venue and player statistics
About this source
ESPN game page for the Iowa-Maryland women's basketball game played February 3, 2024 at the Xfinity Center in College Park, Maryland.
- Published
- Accessed
Reporting
Live updates: Jack Smith defends Trump investigations amid grilling from GOP senators
Relevant passage: Live blog entry on Sen. Eric Schmitt's exchange with Jack Smith, Sen. Amy Klobuchar's closing remarks and Schmitt's comments outside the hearing room
Excerpt
"We’ll find out. That’s going to be up to a prosecutor to determine. My job here today was to ask questions and get answers."
About this source
NBC News live blog entry reporting Schmitt's questions to Smith about the February 3, 2024 game, Klobuchar's closing remarks about the Iowa-Maryland game, and Schmitt's comments to NBC News outside the hearing room.
- Published
- Accessed
Official statement
Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters
Relevant passage: Committee hearing page for the September 29, 2026, 9:00 a.m. hearing, Hart Senate Office Building Room 216
Excerpt
"Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters. Witness: Jack Smith, Former Special Counsel, Department of Justice, Washington, DC."
About this source
The Senate Judiciary Committee's own hearing page, confirming the hearing's title, date, time, room, and witness.
- Published
- Accessed
Original video
Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta
Relevant passage: Clip runtime 0:00-7:11. Sen. Schmitt's opening question and the text-message poster exchange run from 0:00-1:35. Jack Smith's Maryland-Iowa clarification and Sen. Klobuchar's on-the-record correction run from approximately 5:20-7:11.
Excerpt
"Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3rd, 2024? ... I definitely did not go to a Hawks game. I'm sure of that. ... It was Maryland playing Iowa, I think, February of 2024. ... I think that people should have their facts straight before they accuse someone of being a dirtbag and not get the teams wrong. ... You had the teams wrong, sir."
About this source
C-SPAN video clip of the September 29, 2026 Senate Judiciary Committee hearing at which Jack Smith testified. The clip covers Sen. Eric Schmitt's questions about Smith's attendance at a February 3, 2024 basketball game, Smith's denial and later clarification, and Sen. Amy Klobuchar's real-time correction. DI reviewed the audio directly to verify the exact wording of this exchange rather than relying on news paraphrase.
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- Accessed