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.

Former special counsel Jack Smith arrives to testify before the Senate Judiciary Committee.
Former special counsel Jack Smith arrives before testifying to the Senate Judiciary Committee on September 29, 2026.

Case period:

Published by The Dispute Index editorial teamPublished Updated

Jack SmithChuck GrassleyDick DurbinJosh HawleyCory BookerSenate Committee on the JudiciaryHouse Committee on the Judiciary

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

Timeline

17 timeline entries on this page. Dates: April 13, 2022 to September 29, 2026

  1. April 2022

    1 event

    1. 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
  2. 18 days between recorded events

    May 2022

    1 event

    1. 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
  3. 267 days between recorded events

    January 2023

    1 event

    1. 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.

      [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
  4. 122 days between recorded events

    May 2023

    1 event

    1. 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.

      [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
  5. 88 days between recorded events

    August 2023

    1 event

    1. 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.

  6. 15 days between recorded events

    September 2023

    1 event

    1. 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.

  7. 762 days between recorded events

    October 2025

    4 events

    1. 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.

    2. Smith'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.

    3. 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.

      [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.

    4. Grassley 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.

  8. 15 days between recorded events

    November 2025

    1 event

    1. 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)
  9. 89 days between recorded events

    February 2026

    1 event

    1. 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.

      [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.

      [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.

  10. 154 days between recorded events

    July 2026

    2 events

    1. 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 members
    2. Jordan 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.

      [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
  11. 69 days between recorded events

    September 2026

    3 events

    1. 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.

      [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.

      [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)
    2. 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.
    3. 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.

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.

Chuck Grassley

Sources (2)

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)

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.

Jack Smith

Sources (2)

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.

7 responses on this page

  1. Cory BookerDirectly involved
    "And they're trying to say this is partisanship. My records were swept up. My text messages were part of it. Karen Bass's text messages were a part of it."
    Watch the original video (opens in a new tab)Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Cory Booker's remarks to Smith, about 3:29:56 to 3:30:45 on the archived video timeline
    Read the original text (opens in a new tab)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
    Open source (opens in a new tab)Jack Smith defends handling of Trump probes at heated Senate hearing · CBS NewsLive updates for 9:22 AM, 10:11 AM, 10:39 AM, 12:41 PM and 12:52 PM
    Challenged the characterization

    Case context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?

    Read more

    During his questioning of Smith, Sen. Cory Booker said Republicans were trying to say the investigation was partisan, and said his own records and text messages, and those of Karen Bass, were also swept up.

    Role at the time: U.S. senator from New Jersey and member of the Senate Judiciary Committee, listed by the Justice Department among members whose texts with White House personnel were obtained

    Before the statement

    Booker was reacting to Smith's testimony that the investigation relied principally on Republican witnesses.

    After the statement

    Booker asked Smith what had happened to the career prosecutors and FBI agents who worked on the cases. Smith said they had been fired unlawfully and publicly vilified. The Justice Department's July 2026 letter lists Booker among the 44 current and former members whose texts with White House personnel Smith's team obtained.

    Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. Cory Booker's remarks to Smith, about 3:29:56 to 3:30:45 on the archived video timeline
    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
    Jack Smith defends handling of Trump probes at heated Senate hearing · CBS NewsLive updates for 9:22 AM, 10:11 AM, 10:39 AM, 12:41 PM and 12:52 PM

    Why this label?

    The case asks whether the collection of members' records was proper. Booker did not address the Speech or Debate or nondisclosure-order arguments. He disputed the idea that the collection was partisan by saying his own records and text messages, and Karen Bass's, were also included. That challenges a characterization without addressing the collection's legality, so we labeled it Challenged the characterization.

    This label describes the statement's response within the context above.

  2. Jack SmithDirectly involved
    "We do not have to wait for someone to be injured, for an investigation to be obstructed. We had strong reason to believe that Donald Trump would obstruct our investigation, given the obstruction alleged in the Florida indictment, given the attempts to intimidate witnesses in the election case, given the threats that were later made to witnesses in the election case. ... We sought to follow department policy and the law at all times. ... We submitted these nondisclosure orders consistent with the law and department policy. ... We did not say who the subpoenas were for when we sought a nondisclosure order. That part is correct."
    Watch the original video (opens in a new tab)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
    Watch the original video (opens in a new tab)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
    Watch the original video (opens in a new tab)Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. 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
    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 1-3
    Defended or excused

    Responding to: 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.

    Read more

    Answering Sens. Ted Cruz and Josh Hawley, Smith said his office sought nondisclosure orders because it had strong reason to believe Donald Trump would obstruct the investigation, citing the obstruction alleged in the Florida indictment and threats to witnesses, and that the orders were consistent with the law and department policy. He agreed that his office did not tell the court who the subpoenas were for when it sought the orders.

    Role at the time: Former special counsel, testifying under oath before the Senate Judiciary Committee

    Before the statement

    Cruz had asked whether Smith had evidence that 20 percent of the Republicans in the Senate would destroy evidence or intimidate witnesses, citing the reasons stated in a nondisclosure order, and asked whether Smith knew of 2 U.S.C. section 6628. Later, Hawley asked whether Smith's office hid from the court that it was seeking members' records.

    After the statement

    Smith said he did not recall discussing section 6628 when the office sought the orders. Later, when Sen. Richard Blumenthal (D-CT) gave him time to respond to questions from Sen. Katie Britt (R-AL), Smith said the orders were not predicated on members of Congress or members of the committee committing acts of obstruction but on concern that Donald Trump and his associates would, and said Trump had suggested that a witness, Gen. Mark Milley, should be put to death. The Administrative Office of the U.S. Courts wrote that the Justice Department changed its manual in September 2024 to require prosecutors to tell the court when an order would delay notice to a member of Congress.

    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
    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
    Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. 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

    Why this label?

    Smith defended the nondisclosure orders as consistent with the law and Justice Department policy and as needed because of the risk of obstruction by Trump, while agreeing that his office did not identify the subpoenas' subjects to the court. That defends the orders as proper, so we labeled it Defended or excused.

    This label describes the statement's response within the context above.

  3. Jack SmithDirectly involved
    "First, with respect to toll records. Toll records are non-content records. They show who a call was to, who a call was from, and the length of that call. My office did secure toll records from third parties, third party telephone companies in the course of our investigation that were records for members of Congress. Before we did that, we consulted with the Public Integrity Section regarding whether those toll records subpoenas were appropriate. I approved those records and those records were materially relevant to our investigation. ... The records that we're talking about are non-content records. The toll records are non-content records that we sought to corroborate evidence we had and also to assist us in questioning witnesses about these events, among other things. ... We sought toll record subpoenas that did not contain the content of calls. I am also aware that we sought White House phones for individuals who are relevant to our investigation, government phones in which they had no expectation of privacy."
    Watch the original video (opens in a new tab)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
    Watch the original video (opens in a new tab)Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) · Senate Committee on the JudiciarySen. 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
    Defended or excused

    Responding to: 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.

    Read more

    Answering Sen. Dick Durbin at the hearing, Smith said toll records show who a call was to, who it was from and how long it lasted, not its content; that his office obtained toll records of members of Congress from telephone companies; that it consulted the Justice Department's Public Integrity Section first; and that he approved the records as materially relevant. Asked about wiretaps, he said his office initiated none. Answering Sen. Eric Schmitt, he said the office sought toll-record subpoenas that did not contain call content and also sought White House phones, which he described as government phones in which the users had no expectation of privacy.

    Role at the time: Former special counsel, testifying under oath before the Senate Judiciary Committee

    Before the statement

    Durbin asked Smith to explain what involvement he had with information from members of Congress, saying there was appropriate concern among members about their phone conversations, text messages and records. Smith answered first on toll records. Later, Schmitt asked whether Smith's office sought the contents of members of Congress's emails or text messages.

    After the statement

    Smith went on to say the records corroborated evidence that Donald Trump and his co-conspirators were seeking to exploit the violence of January 6, 2021 to delay the certification, and that they helped show how many phones were used to make calls. Asked how agents identified which phone numbers belonged to which senators, he said he did not have an answer. Asked whether he sought members' contents by other means, he said he could not address every subpoena and pointed to a search warrant for Rep. Scott Perry's phone that he said came before he was special counsel.

    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. 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

    Why this label?

    Smith said his office obtained members' toll records after consulting the Public Integrity Section, that he approved them, that they were non-content records relevant to the investigation, and that the White House phones were government phones. That defends the collection as proper, so we labeled it Defended or excused.

    This label describes the statement's response within the context above.

  4. Josh HawleyDirectly involved
    "The only problem was the Constitution protects members of Congress' work product and their phone records. And you knew that was the case, didn't you? ... You went to the phone companies, and you hid the fact from the court that you were seeking the records of members of Congress, didn't you? You didn't tell the court you were seeking subpoenas from the phone companies for members of Congress, did you? You hid that from the court. Isn't that correct? ... My phone was one of them that you got."
    Watch the original video (opens in a new tab)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
    Condemned

    Case context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?

    Read more

    Questioning Smith at the hearing, Sen. Josh Hawley said the Constitution protects members' work product and phone records and that Smith knew it, and that Smith's office went to the phone companies and hid from the court that it was seeking the records of members of Congress. He said his own phone was one of those obtained.

    Role at the time: U.S. senator from Missouri, questioning Smith at the Senate Judiciary hearing

    Before the statement

    Hawley questioned Smith near the end of the hearing. He said Smith had briefed the Attorney General that members likely have a valid Speech or Debate privilege against compelled testimony, and cited a January 8, 2023 memo to Smith from his own office titled Speech or Debate Litigation Summary. Smith replied that he understood there are constitutional protections and that his office followed the Constitution.

    After the statement

    Smith answered, "We did not say who the subpoenas were for when we sought a nondisclosure order. That part is correct." Hawley then said Smith had lied to the House about obtaining members' text messages; Smith said he answered every question truthfully and, in closing, that the National Archives records were a request for White House phones. Whether Smith gave false testimony is outside this case's question.

    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

    Why this label?

    Hawley said the Constitution protects members' phone records, that Smith knew it, that Smith hid from the court that the records were members', and that his own phone was among them. That rejects the collection and the way the nondisclosure orders were obtained as improper, so we labeled it Condemned.

    This label describes the statement's response within the context above.

  5. Chuck GrassleyDirectly involved
    "Before Jack Smith, the government sought toll records from at least four Members of Congress. Jack Smith sought the toll records of 16 Members of Congress and also obtained the content of Member communications, breaching Speech or Debate. ... Accordingly, Jack Smith’s secretive efforts obtained Member toll records and, ultimately, content. Then, he sought Non-Disclosure Orders to hide his effort from Members, while also apparently failing to apprise the court of the targets."
    Watch the original video (opens in a new tab)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)
    Read the official statement (opens in a new tab)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
    Condemned

    Responding to: 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.

    Read more

    In his opening statement as prepared for the September 29 hearing, Chairman Chuck Grassley said the government sought toll records from at least four members of Congress before Smith, that Smith sought the toll records of 16 members and also obtained the content of member communications, breaching Speech or Debate, and that Smith sought nondisclosure orders to hide the effort from members while apparently failing to tell the court who the targets were.

    Role at the time: Chairman of the Senate Judiciary Committee, in his opening statement as prepared for the hearing

    Before the statement

    Grassley opened the committee's September 29, 2026 hearing with Smith as its only witness. Before reaching the toll records, his statement gave the committee majority's account of how Arctic Frost opened in April 2022 and passed to Smith in November 2022.

    After the statement

    The statement went on to say Smith subpoenaed 87 Trump White House phones, knowing they would include communications with members, 44 members in all, and that he failed to filter out Speech or Debate privileged information. Grassley delivered the toll-record figures at the hearing in nearly the same words.

    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

    Why this label?

    The case asks whether the collection of members' phone records and messages was proper. Grassley said Smith sought the toll records of 16 members, obtained the content of member communications in breach of Speech or Debate, and sought nondisclosure orders to hide the effort from members. That rejects the collection as improper and unconstitutional, so we labeled it Condemned.

    This label describes the statement's response within the context above.

  6. House Committee on the JudiciaryDirectly involved
    "investigators unconstitutionally subpoenaed phone records for over a dozen Republican Members of Congress and obtained gag orders to prevent the Members from knowing that the Biden-Harris Administration had obtained these records. ... In doing so, the Biden-Harris Administration violated the Constitution’s Speech or Debate Clause, a core provision that protects the official actions and communications of Members of Congress and immunizes them from prosecution for legislative acts."
    Read the original text (opens in a new tab)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
    Condemned

    Responding to: 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.

    Read more

    The interim report by Republican staff of the House Judiciary Committee, released September 23, 2026 under Chairman Jim Jordan (R-OH), said investigators in Arctic Frost and the special counsel investigation unconstitutionally subpoenaed phone records for over a dozen Republican members and obtained gag orders to keep the members from knowing, and that this violated the Speech or Debate Clause. It says the Justice Department seized the phone records of at least 17 Republican members between April 2022 and May 2023.

    Role at the time: Interim staff report by Republican staff of the House Judiciary Committee, chaired by Rep. Jim Jordan (R-OH)

    Before the statement

    The report came six days before the Senate hearing. It says the committee sent 66 letters and subpoenas, received over 38,883 pages of documents and conducted six transcribed interviews and three depositions of the federal prosecutors involved.

    After the statement

    The report says the Public Integrity Section flagged "litigation risk" but approved the toll-record subpoenas, that Smith's team told Attorney General Merrick Garland in a January 2023 briefing that members likely have a valid Speech or Debate privilege against compelled testimony, and that Smith approved a list of May 2023 toll-record subpoenas one day after his deputies drew it up.

    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

    Why this label?

    The report, written by the committee's Republican staff, calls the subpoenas unconstitutional, says they violated the Speech or Debate Clause and says the gag orders kept members from knowing about them. That rejects the collection as improper, so we labeled it Condemned.

    This label describes the statement's response within the context above.

View all 7 responsesShow fewer responses
  1. Dick DurbinDirectly involved
    "For reasons that aren't clear to me at all, we're here today to discuss Jack Smith's role in a legal procedure, a procedure created by Congress and regularly deployed by federal prosecutors to collect the toll records of people President Trump contacted in his efforts to overturn the election of 2020. ... Special Counsel Jack Smith investigated this criminal effort by President Trump to overturn the election. So it's not surprising that Mr. Smith subpoenaed the call records of those the President tried to enlist in his conspiracy. To the extent the committee has questions about this, it should be former Special Counsel Smith testifying as a witness today before this committee, not three telecom companies who responded to legally issued subpoenas."
    Watch the original video (opens in a new tab)Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video) · Senate Committee on the JudiciarySen. Dick Durbin's opening remarks, about 0:20:33 to 0:24:00 on the archived video timeline
    Read the official statement (opens in a new tab)Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Arctic Frost · Senate Committee on the JudiciaryKey Quotes section
    Read the official statement (opens in a new tab)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
    Defended or excused

    Case context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?

    Read more

    At a February 10, 2026 Senate Judiciary subcommittee hearing with telephone company executives, Sen. Dick Durbin said the hearing concerned a legal procedure, created by Congress and regularly deployed by federal prosecutors, to collect the toll records of people Donald Trump contacted in his efforts to overturn the 2020 election, and that it was not surprising Smith subpoenaed the call records of those Trump tried to enlist. He said Smith, not the phone companies, should be the witness.

    Role at the time: U.S. senator from Illinois and ranking member of the Senate Judiciary Committee

    Before the statement

    Durbin spoke at the first of the Republican-led committee's Arctic Frost hearings, held by the Privacy, Technology, and the Law Subcommittee with witnesses from AT&T, T-Mobile and Verizon. Smith was not a witness. Durbin said he had written to Chairman Grassley asking that Smith testify under oath in public.

    After the statement

    Durbin then quoted Smith's House testimony about the subpoenas for Republican senators' call records: "I did not choose those members. President Trump did." Grassley, in his opening remarks, said Smith's team obtained non-disclosure orders so members could not intervene.

    Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video) · Senate Committee on the JudiciarySen. Dick Durbin's opening remarks, about 0:20:33 to 0:24:00 on the archived video timeline
    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

    Why this label?

    Durbin described the toll-record subpoenas as a routine legal procedure used against people Trump tried to enlist, not as improper conduct. That defends the collection as proper, so we labeled it Defended or excused.

    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)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciaryFull hearing, from Chairman Grassley's opening at about 0:21:40 to adjournment at about 4:27:00 on the archived video timeline
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Official statement

Ranking Member Raskin's Opening Statement at Hearing with Special Counsel Jack Smith

Ranking Member Raskin's Opening Statement at Hearing with Special Counsel Jack Smith (opens in a new tab) · House Committee on the JudiciaryOpening statement, paragraph beginning "My colleagues have complained about the Special Counsel's review of toll records"
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Official statement

VIDEO: Blackburn Presses Phone Company Executives on Complicity in Jack Smith's Witch Hunt Against Conservatives

VIDEO: Blackburn Presses Phone Company Executives on Complicity in Jack Smith's Witch Hunt Against Conservatives (opens in a new tab) · Marsha BlackburnFirst excerpt section, "Blackburn Calls Arctic Frost 'Worst Weaponization of Government in American History'"
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video)

Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. Marsha Blackburn's opening remarks, about 0:16:26 to 0:20:14 on the archived video timeline
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Interview

Patel: 'We're just warming up' in investigation of alleged tracking of GOP senators

Patel: 'We're just warming up' in investigation of alleged tracking of GOP senators (opens in a new tab) · Fox NewsFBI Director Kash Patel's answer to Sean Hannity's question about FBI results, about 0:58 to 1:07 of the video
Read source (opens in a new tab)

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
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Archived copy (opens in a new tab)

Reporting

Sen. Lindsey Graham dies at 71 from aortic dissection, according to medical examiner's preliminary findings

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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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. Sheldon Whitehouse's questions to Smith on toll records, about 4:04:07 to 4:09:20 on the archived video timeline
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
Watch original video (opens in a new tab)

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
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Archived copy (opens in a new tab)

Reporting

Albuquerque Journal: US Senate payout provision repealed

Albuquerque Journal: US Senate payout provision repealed (opens in a new tab)Full article, as posted on Sen. Martin Heinrich's website
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Reporting

Most GOP senators whose phone records were searched won't seek damages under new law

Most GOP senators whose phone records were searched won't seek damages under new law (opens in a new tab) · CBS NewsParagraphs on the $500,000 provision and senators' responses
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Reporting

Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe

Rep. Jim Jordan refers Jack Smith for possible prosecution, saying he have have misled on Trump probe (opens in a new tab) · PBS NewsHourParagraphs on the December 2025 exchange and the Justice Department statement
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Reporting

Rep. Jim Jordan formally asks DOJ to prosecute Jack Smith over congressional testimony

Rep. Jim Jordan formally asks DOJ to prosecute Jack Smith over congressional testimony (opens in a new tab) · NBC NewsParagraphs on the Justice Department's confirmation of receipt and Smith's lawyers' response
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Reporting

Jack Smith defends handling of Trump probes at heated Senate hearing

Jack Smith defends handling of Trump probes at heated Senate hearing (opens in a new tab) · CBS NewsLive updates for 9:22 AM, 10:11 AM, 10:39 AM, 12:41 PM and 12:52 PM
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Reporting

Senators gear up for Judiciary clash with Jack Smith

Senators gear up for Judiciary clash with Jack Smith (opens in a new tab) · Roll CallParagraph beginning "No court has found wrongdoing"
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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
Archived copy (opens in a new tab)

Official statement

Rep. Fitzgerald's NDO Fairness Act Passes House of Representatives

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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

Patel: 'We're just warming up' in investigation of alleged tracking of GOP senators (opens in a new tab) · Fox NewsFBI 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
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Original text

Statement of Michael J. Romano, Former Deputy Chief, Capitol Siege Section, before the Senate Committee on the Judiciary, February 10, 2026

Read source (opens in a new tab)

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

Read source (opens in a new tab)

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

Read source (opens in a new tab)

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

Read source (opens in a new tab)

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

Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Official statement

Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith’s Conduct and Candor

Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith’s Conduct and Candor (opens in a new tab) · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on the list of 14 members and the Speech or Debate quotation
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Official statement

Grassley Demands Answers from Telecom Companies Who Turned Congressional Phone Records Over to Jack Smith

Grassley Demands Answers from Telecom Companies Who Turned Congressional Phone Records Over to Jack Smith (opens in a new tab) · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on the 84 subpoenas and the 20 members
Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

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)

Read source (opens in a new tab)

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
Archived copy (opens in a new tab)

Original text

In re: Sealed Case, No. 23-3001 (D.C. Cir. Sept. 5, 2023, reissued Sept. 13, 2023)

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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.

Published
Accessed
Archived copy (opens in a new tab)

Original text

Lanny A. Breuer and Peter Koski to Jim Jordan and Acting Attorney General Todd Blanche, July 22, 2026

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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)

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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
Archived copy (opens in a new tab)

Official statement

NEWS: Jack Smith’s Investigative Team Secretly Obtained Text Messages from 44 Members of Congress Amid Trump Probe

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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
Archived copy (opens in a new tab)

Original text

U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team)

U.S. Department of Justice (Assistant Attorney General Patrick D. Davis) to Sen. Chuck Grassley, July 2026 (Arctic Frost filter team) (opens in a new tab) · United States Department of JusticePages 1-4, including the list of 44 current and former members of Congress
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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
Archived copy (opens in a new tab)

Original text

Administrative Office of the U.S. Courts to Sen. Chuck Grassley, December 1, 2025 (nondisclosure orders)

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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
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Archived copy (opens in a new tab)

Original text

Grassley, Johnson and Jordan to Chief Judge James E. Boasberg, November 20, 2025 (nondisclosure orders)

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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
Archived copy (opens in a new tab)

Original text

Lanny A. Breuer and Peter Koski to Sen. Chuck Grassley, October 21, 2025 (Investigation of Jack Smith)

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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
Archived copy (opens in a new tab)

Original text

AT&T to Sen. Chuck Grassley, October 24, 2025 (toll records)

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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
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Archived copy (opens in a new tab)

Original text

Verizon to Sen. Chuck Grassley, October 24, 2025 (toll records)

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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
Archived copy (opens in a new tab)

Official statement

Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation, Grassley Oversight Reveals

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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
Archived copy (opens in a new tab)

Original text

FBI Electronic Communication, "CAST Assistance," September 27, 2023 (released by Sen. Chuck Grassley)

FBI Electronic Communication, "CAST Assistance," September 27, 2023 (released by Sen. Chuck Grassley) (opens in a new tab) · Federal Bureau of InvestigationPage 1, list of members whose limited toll records were analyzed
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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.

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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)

How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on Their Political Opposition (Interim Staff Report) (opens in a new tab) · 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
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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
Archived copy (opens in a new tab)

Official statement

Arctic Frost | United States Senate Committee on the Judiciary

Arctic Frost | United States Senate Committee on the Judiciary (opens in a new tab) · 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
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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.

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Archived copy (opens in a new tab)

Official statement

Durbin Delivers Opening Statement During Senate Judiciary Subcommittee Hearing On Arctic Frost

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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
Archived copy (opens in a new tab)

Official statement

Durbin Delivers Opening Statement During Judiciary Committee Hearing With Former Special Counsel Jack Smith

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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
Archived copy (opens in a new tab)

Official statement

Grassley Opens Senate Judiciary Oversight Hearing on Arctic Frost and Jack Smith’s Abuse of Authority

Grassley Opens Senate Judiciary Oversight Hearing on Arctic Frost and Jack Smith’s Abuse of Authority (opens in a new tab) · Senate Committee on the JudiciaryPrepared opening statement, paragraphs on toll records, Speech or Debate, Non-Disclosure Orders and the 44 Members
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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
Archived copy (opens in a new tab)

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

Statement of Jack Smith, Former Special Counsel, U.S. Department of Justice, before the Committee on the Judiciary, U.S. Senate, September 29, 2026 (opens in a new tab) · Senate Committee on the JudiciaryPages 1-2, paragraphs on Justice Department policy and on threats of prosecution
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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)

Arctic Frost Accountability: Oversight of Telecommunications Carriers' Responses to Jack Smith's Witch Hunt (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. Dick Durbin's opening remarks, about 0:20:33 to 0:24:00 on the archived video timeline
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
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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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
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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.

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Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. Cory Booker's remarks to Smith, about 3:29:56 to 3:30:45 on the archived video timeline
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
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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.

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Accessed
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
Watch original video (opens in a new tab)

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.

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Accessed
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · Senate Committee on the JudiciarySen. 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
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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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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
Watch original video (opens in a new tab)

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
Archived copy (opens in a new tab)

Original video

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video)

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (hearing video) (opens in a new tab) · 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)
Watch original video (opens in a new tab)

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.

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Accessed
Archived copy (opens in a new tab)

Reporting

Golden State Warriors at Atlanta Hawks Box Score, February 3, 2024

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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
Archived copy (opens in a new tab)

Reporting

Iowa 93-85 Maryland (Feb 3, 2024) Final Score - ESPN

Iowa 93-85 Maryland (Feb 3, 2024) Final Score - ESPN (opens in a new tab)Game page: final score, venue and player statistics
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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
Archived copy (opens in a new tab)

Reporting

Live updates: Jack Smith defends Trump investigations amid grilling from GOP senators

Live updates: Jack Smith defends Trump investigations amid grilling from GOP senators (opens in a new tab) · 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
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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

Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters (opens in a new tab) · Senate Committee on the JudiciaryCommittee hearing page for the September 29, 2026, 9:00 a.m. hearing, Hart Senate Office Building Room 216
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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.

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Archived copy (opens in a new tab)

Original video

Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta

Sen. Klobuchar Clashes with Sen. Schmitt After He Mistakenly Claims Jack Smith Attended NBA Game in Atlanta (opens in a new tab) · 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.
Watch original video (opens in a new tab)

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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