Jack Smith Destroys GOP Senators’ Claim He Was Spying on Them
Republicans have accused Jack Smith of wiretapping their phones.

Republican rage over Jack Smith’s investigation was apparently all for naught.
Conservative lawmakers accused the former special prosecutor earlier this month of spying on them during his investigation of Donald Trump by tapping their phone lines and monitoring their phone calls. Iowa Senator Chuck Grassley dubbed the right-wing scandal “worse than Watergate.”
But none of those allegations have held up, especially not in light of a letter Smith’s legal team issued Tuesday that reveals just how legal—and common—the log request was.
“Although you have not reached out to us to discuss this matter, we are compelled to correct inaccurate assertions made by you and others concerning the issuance of a grand jury subpoena for the toll records of eight Senators and one Member of the House of Representatives,” attorneys Lanny Breuer and Peter Koski wrote.
“It is well established that obtaining telephone toll records pursuant to a subpoena is a routine and lawful investigative step that does not violate an individual’s expectation of privacy,” they continued, underscoring that phone toll records don’t contain the content of the calls—only the incoming and outgoing phone numbers, as well as the calls’ duration.
The practice was so ordinary, per Smith’s team, that another special counsel investigator requested the same information during his investigation of President Joe Biden.
“Indeed, Special Counsel Robert Hur subpoenaed toll records in his investigation of President Biden,” the letter reads.
“During the current Trump administration, the Department of Justice has routinely relied upon subpoenaed toll records in numerous criminal prosecutions. During Trump’s first term, the Justice Department purportedly obtained communications records of two Democratic Members of Congress—Rep. Eric Swalwell and then-Rep. Adam Schiff—and forty-three congressional staffers in connection with an investigation into media leaks. More recently, the Department of Justice used toll records in the prosecution of Senator Menendez,” Breuer and Koski continued.
Smith conducted two parallel investigations into Trump, both of which resulted in indictments. They centered on allegations that Trump mishandled and retained classified records after the end of his first presidential term, and his alleged efforts to subvert the 2020 presidential election. Trump pleaded not guilty on all charges before the charges were dropped altogether after the 2024 election due to Justice Department policy that prevents the prosecution of a sitting president.
Senior Trump officials have since deemed Smith an enemy of the administration, arguing that his investigation was tantamount to the political weaponization of the Justice Department.
In a historic turn of events revealed Tuesday, Trump has apparently demanded reparations for the legal comeuppance, expecting the DOJ to pay him millions because the agency investigated him.