Jack Smith's own lawyers put it in writing that spying on Congress might be unconstitutional.
Now Jim Jordan has those emails proving it.
And this new 57-page House Judiciary report just answered the one question Jack Smith spent two years hoping nobody would ask.
They Knew It Was Unconstitutional and Did It Anyway
Jordan's House Judiciary Committee dropped a 57-page report Wednesday documenting how Jack Smith's "Arctic Frost" investigation shredded the Constitution to target Republicans – using Smith's own team's emails to prove it.
DOJ Public Integrity Section Deputy Chief Jennifer Clarke flagged the "litigation risk" of subpoenaing congressional phone records in violation of the Speech or Debate Clause.
https://twitter.com/foxnewspolitics/status/2102884606395695578?s=20
John Keller, another senior DOJ official, sent a May 2023 email warning prosecutors the subpoenas could violate senators' constitutional protections.
Then he approved them anyway – because he calculated the gag orders accompanying the subpoenas would keep Congress members in the dark.
They weren't worried about whether this was constitutional.
They were worried about whether they'd get caught.
The answer was no – for two years.
The Cover-Up Was Baked Into the Operation
This wasn't rogue prosecutors running off the rails.
The cover-up was engineered from the start.
Smith's team secured non-disclosure orders from Judge James Boasberg – gag orders that silenced phone carriers and prevented the 44 targeted lawmakers from ever learning their records had been seized.
Those 44 members – spanning both the House and Senate – had their communications vacuumed up by a DOJ that weaponized its own inspector general's office to serve the subpoenas.
https://twitter.com/Jim_Jordan/status/2103146473365934432?s=20
OIG Special Agent Brian Burnett testified this arrangement was "unique" in his three decades of law enforcement experience.
"A normal investigation would be, I would do the investigation, become familiar with everything, do grand jury subpoenas, do the normal investigative process, follow the normal investigative steps. But, in this case, those steps were given to us by the prosecution team," Burnett testified.
Smith's investigators weren't investigating.
They were executing a blueprint handed down by prosecutors who'd already decided what they wanted.
This Makes Watergate Look Like Jaywalking
Nixon's Watergate team broke into Democrat National Committee headquarters to plant listening devices.
Nixon himself may not have known about it beforehand – and the scandal still brought down his presidency.
Jack Smith's operation secretly seized the phone records of 44 sitting members of Congress – including House Judiciary Chairman Jim Jordan himself – concealed behind court-ordered gag orders for over two years.
No break-in required.
No clumsy operatives.
Just federal prosecutors, a compliant judge, and a DOJ willing to use its own inspector general's office to bury the evidence trail.
Conservative legal analysts have noted that what the Biden FBI did to Republican senators makes Watergate look minor by comparison.
They're right.
Nixon's men were amateurs playing dirty pool.
Smith's team were legal professionals deliberately exploiting every constitutional gap they could find – while acknowledging in writing that what they were doing was unconstitutional.
Jordan Is Demanding Smith Face Consequences
The House Judiciary Committee referred Jack Smith to the DOJ for criminal prosecution in July – specifically for what Jordan called "willfully and intentionally false statements" Smith made under oath during his December 2025 congressional deposition.
https://twitter.com/seanhannity/status/2102942300728943088?s=20
Smith's testimony gave investigators the impression his team never accessed the content of lawmakers' protected text messages.
The report blows that claim apart.
Jordan is also pushing the Congressional Records Protection Act – authored by Rep. Mike Kelly of Pennsylvania – which would bar any government entity from using subpoenas, court orders, or warrants to seize records implicating the Speech or Debate Clause.
The bill passed the committee.
It hasn't gotten a floor vote.
Every Democrat blocking that bill is telling you exactly what they think of your constitutional rights.
Smith's lawyer responded Wednesday by insisting his client "followed the normal DOJ process when investigating an unprecedented scheme to interfere with the peaceful transfer of power."
Normal DOJ process.
That's their defense for secretly spying on 44 members of Congress while hiding the operation behind court-ordered gag orders for two years.
The Biden DOJ didn't just use federal law enforcement as a weapon against Donald Trump.
They used it against your elected representatives – and made sure those representatives would never find out.
That's not America.
That's what they called a banana republic before the Democrats built one here.
Sources:
- Elizabeth Elkind, "Explosive new report puts Jack Smith back in hot seat as Jim Jordan alleges he tried to 'sway' 2024 election," Fox News, September 23, 2026.
- Chuck Grassley, "Grassley Releases New Arctic Frost Records, Raising Additional Questions about Jack Smith's Conduct and Candor," Senate Judiciary Committee, March 24, 2026.
- Margot Cleveland, "Docs: Jack Smith Ignored Constitutional Standards To Target GOP Senators In Arctic Frost Probe," The Federalist, November 25, 2025.
- Margot Cleveland, "The Latest FBI Spying Makes Watergate Look Trivial," The Federalist, October 13, 2025.
- House Judiciary Committee, "House Judiciary Committee Refers Jack Smith to DOJ for Criminal Prosecution," July 22, 2026.
- Margot Cleveland, "New Docs Reveal Jack Smith Intentionally Violated Congressional Republicans' Constitutional Rights," The Federalist, December 1, 2025.