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Former typical counsel Jack Smith’s squad obtained and reviewed nan contents of matter messages exchanged betwixt Trump White House officials and 44 existent and erstwhile members of Congress, according to Justice Department records released by 2 Republican-led Senate committees.
The messages were contained successful White House records subpoenaed from nan National Archives covering Oct. 1, 2020, done Jan. 20, 2021. The Justice Department said Smith’s investigative squad "apparently bypassed" a select squad established to surface perchance privileged worldly earlier investigators accessed it.
House Judiciary Committee Chairman Jim Jordan, R-Ohio, connected Wednesday issued a criminal referral for Smith, arguing that he misled Congress erstwhile he stated that he did not get aliases reappraisal lawmakers' matter messages while carrying retired his probes into President Donald Trump. The referral functions arsenic an invitation for nan Justice Department to motorboat an investigation into Smith's conduct.
JACK SMITH THRUST BACK INTO SPOTLIGHT AT BLANCHE HEARING OVER EXPOSED SENATORS’ MESSAGES
Jack Smith, US typical counsel, speaks during a news convention successful Washington, DC, US, connected Tuesday, Aug. 1, 2023. Donald Trump has been indicted successful Washington connected national charges complete his efforts to overturn nan 2020 statesmanlike election, nan 3rd politically explosive criminal prosecution of nan erstwhile president arsenic he makes his latest tally for nan White House. Photographer: Al Drago/Bloomberg via Getty Images (Al Drago/Bloomberg via Getty Images)
Read nan database of 44 lawmakers:
Among nan senators targeted successful nan probe were: Sens. Chuck Grassley, R-Iowa; Ron Johnson, R-Wis.; John Cornyn, R-Texas; Lindsey Graham, R-S.C.; Josh Hawley, R-Mo.; Mike Lee, R-Utah; Cory Booker, D-N.J.; Cindy Hyde-Smith, R-Miss.; Dan Sullivan, R-Alaska; David Perdue, R-Ga.; Lamar Alexander, R-Tenn.; Martha McSally, R-Ariz.; Rand Paul, R-Ky.; Rick Scott, R-Fla.; Rob Portman, R-Ohio; Roy Blunt, R-Mo.; Susan Collins, R-Maine; Tim Scott, R-S.C.; Tom Cotton, R-Ark.; and Cory Gardner, R-Colo.
On nan House side, nan investigation targeted: Reps. Kevin McCarthy, R-Calif.; Steve Scalise, R-La.; Jim Jordan, R-Ohio; Devin Nunes, R-Calif.; Adam Smith, D-Wash.; Andy Biggs, R-Ariz.; Mark Walker, R-N.C.; Bryan Steil, R-Wis.; Dan Newhouse, R-Wash.; Doug Collins, R-Ga.; Dusty Johnson, R-S.D.; Elise Stefanik, R-N.Y.; John Katko, R-N.Y.; Josh Gottheimer, D-N.J.; Karen Bass, D-Calif.; Ken Buck, R-Colo.; Lee Zeldin, R-N.Y.; Mario Diaz-Balart, R-Fla.; Mo Brooks, R-Ala.; Morgan Griffith, R-Va.; Rodney Davis, R-Ill.; Russ Fulcher, R-Idaho; Scott Perry, R-Pa.; and Thomas Massie, R-Ky.
Fox News Digital reached retired to each existent lawmaker named connected nan list.
Grassley and Johnson, done their elder committee positions, were responsible for nan release of nan caller documents.
Several lawmakers connected nan database had publically documented roles successful efforts surrounding nan 2020 election, including those who person since condemned Smith’s reappraisal of their communications.
Sen. Chuck Grassley
As president pro tempore of nan Senate, Grassley played a procedural domiciled connected Jan. 6, 2021, arsenic Congress moved to certify nan results of nan 2020 statesmanlike election. The senator, for instance, called nan Senate into convention earlier senators moved to nan House's enclosure to participate successful a associated convention wherever nan results of each authorities would beryllium certified.
Prior to Jan. 6, Grassley suggested that he whitethorn preside complete nan Senate’s statement surrounding disputes complete nan 2020 predetermination if Vice President Mike Pence didn’t show up.
"Jack Smith’s criminal investigation of President Trump was a runaway train that had nary brakes," Grassley said of his messages being collected. "Based connected nan accusation that’s been produced to maine and Senator Johnson, Biden DOJ and FBI investigators apparently ignored their ain regular investigative protocols to get and reappraisal work-related messages from maine and dozens of my Republican and Democrat colleagues who were extracurricular nan scope of nan government’s investigation."
Sen. Ron Johnson
In nan lead-up to Jan. 6, Johnson joined a group of Republican senators calling for an emergency 10-day audit of disputed predetermination results and saying they would ballot against certifying electors from contested states unless specified a reappraisal occurred.
Documents released by nan House Jan. 6 committee successful early 2023 reported that Johnson was communicating pinch erstwhile president of nan Wisconsin Republican Party astir a scheme to person nan state’s GOP-controlled legislature take its statesmanlike electors. The legislator responded that he had nary recollection of nan speech and accused nan committee of trying to smear him.
Republicans were intensely captious of nan House Jan. 6 committee, arguing that it lacked a meaningful sound for nan guidance seeing arsenic then-House Speaker Nancy Pelosi, D-Calif., selected each personnel while rejecting nan nominations put guardant by McCarthy. They besides based on that nan committee focused excessively small connected information and intelligence failures up of nan breach of nan Capitol.
"This is yet different grotesque illustration of nan Biden administration’s weaponization of nan Justice Department," Johnson said of nan seized matter messages. "Jack Smith’s squad acted pinch impunity arsenic they disregarded their ain protocols to get and entree White House matter messages, including messages to and from 44 Members of Congress. This is precisely why Chairman Grassley and I person worked to uncover nan truth, bring transparency to nan American people, and clasp accountable those who weaponized national rule enforcement."
Sen. Ron Johnson, R-Wis., gestures while addressing Minnesota Attorney General Keith Ellison during a proceeding connected Capitol Hill connected Thursday, Feb. 16, 2026. (CSPAN)
BIDEN SPECIAL COUNSEL’S 'RUNAWAY TRAIN’ SCOOPED UP SENSITIVE LAWMAKER INFO: 'ABUSE OF POWER'
Sen. Lindsey Graham
In nan days aft nan 2020 election, Graham urged Trump not to concede. He later donated to Trump’s legal defense money and, arsenic president of nan Senate Judiciary Committee, opened inquiries into predetermination procedures successful respective battleground states and contacted authorities predetermination officials.
The precocious South Carolina legislator grew disappointment pinch Trump and his followers arsenic their objections continued to neglect successful tribunal and afloat collapsed pinch nan activity pursuing nan riot connected Jan. 6.
"Count maine out," he said astatine nan time. "Enough is enough."
Sen. Josh Hawley
Hawley is notable successful that he, connected Dec. 30, 2020, became nan first legislator to announce his volition to formally entity to Electoral College votes during nan certification process. His determination was consequential arsenic national rule required objections from some a typical and a legislator to unit a statement connected nan election.
WATCH: HAWLEY FUMES AFTER 4 GOP SENATORS HELP SINK TRUMP-BACKED VOTER ID LAW
Trump attempted to call Hawley six times up of nan Jan. 6 breach, according to White House telephone logs obtained by nan House Jan. 6 prime committee, showing that location was a statement of connection betwixt nan two.
Though immoderate senators abandoned their objections to nan 2020 predetermination aft nan Capitol was breached, Hawley maintained his objections and voted against certifying nan results from Arizona and Pennsylvania.
Hawley called nan documents released by Grassley and Johnson "more grounds of Biden corruption" adding that, "Jack Smith illegally scooped up nan matter messages of Senators — including mine."
Sen. Mike Lee
Text messages turned complete by erstwhile White House main of unit Mark Meadows to nan House Jan. 6 committee show that Lee discussed imaginable legal and law avenues for challenging nan 2020 predetermination results.
Lee initially told Meadows that he supported exhausting each disposable ineligible and law remedy to reside concerns astir nan election. By Jan. 3, 2021, however, he warned that nan effort "could each backfire badly," according to matter messages Meadows turned complete to nan House Jan. 6 committee.
The legislator yet voted against sustaining objections to Arizona’s and Pennsylvania's predetermination results.
Mike Lee slammed Smith's postulation of matter messages this period arsenic "un-American" and based on that it came "uncomfortably adjacent to spying connected a coequal, coordinate branch."
Rep. Steve Scalise
Scalise, arsenic House Republican whip, was responsible for convincing representatives to ballot successful statement pinch nan party’s interests, providing a straightforward logic arsenic to why White House unit whitethorn person been successful interaction pinch him.
Further, a publically released deposition shows that a Scalise adjutant communicated pinch Pence’s legislative-affairs head regarding a Jan. 3 telephone organized by Jordan involving Trump, Meadows and members pressing certification objections.
House Majority Leader Steve Scalise looks connected from nan level of nan New York Stock Exchange earlier greeting trading connected April 15. (Adam Gray/Getty Images)
SCALISE URGES PRITZKER TO 'LOOK AT THE MAN IN THE MIRROR' AFTER HE BLAMES TRUMP FOR POLITICAL VIOLENCE
The Louisiana congressman called legislature action nan "only remaining recourse" for addressing what he described arsenic improper changes to predetermination laws successful respective states.
While he condemned rioting, Scalise, for illustration Hawley, yet voted to cull Biden’s electoral votes from some Arizona and Pennsylvania.
Rep. Jim Jordan
Jordan participated successful efforts to situation nan 2020 predetermination results, including discussions astir delaying legislature certification and objecting to electoral votes.
On Jan. 2, nan Ohio congressman led a convention telephone pinch Trump and different members of Congress to talk strategies for delaying nan Jan. 6 associated session, according to nan House Jan. 6 committee’s last report.
Jordan besides reportedly had a 10-minute-long call pinch Trump connected nan greeting of Jan. 6, according to publically released telephone records. After nan breach of nan Capitol, Jordan condemned nan unit but voted to prolong objections to nan electoral results successful Arizona and Pennsylvania.
"You can’t do that. As Senator Hawley conscionable said, this is simply a separation of powers issue," Jordan told Fox News big Sean Hannity earlier this month. "There’s a reside aliases statement clause. It was expected to beryllium filtered and screened. It wasn’t. It was conscionable fixed from nan National Archives to Jack Smith’s team."
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Smith’s attorneys called nan criminal referral "meritless" Thursday successful a missive antecedently obtained by Fox News Digital.
"The House Judiciary Committee’s referral to nan Department of Justice of our customer Jack Smith is based connected a spurious declare that Mr. Smith provided mendacious grounds during his eight-hour deposition connected December 17, 2025. The referral is made not because Mr. Smith made a mendacious statement—the missive concedes he did not—but because he did not proactively disclose accusation that was not responsive to a mobility asked," nan lawyer wrote.
"During his testimony, Mr. Smith provided truthful, responsive answers and candidly discussed his activity arsenic Special Counsel. This referral reflects a chilling eagerness to weaponize nan justness strategy by attacking a career, nonpartisan nationalist servant who faithfully and fearlessly performed his duties by pursuing nan facts and nan law."
Fox News Digital's Elizabeth Elkind contributed to this report.
