Former special counsel Jack Smith’s investigative team obtained and reviewed the contents of text messages exchanged between Trump White House officials and 44 current and former members of Congress, according to Justice Department records released by two Republican-led Senate committees. The messages were contained in White House records subpoenaed from the National Archives covering Oct. 1, 2020, through Jan. 20, 2021, and the Justice Department stated that Smith’s team apparently bypassed a filter team established to screen potentially privileged material.
Criminal Referral Issued by House Judiciary Chairman Jim Jordan
House Judiciary Committee Chairman Jim Jordan, R-Ohio, issued a criminal referral for Smith on Wednesday. Jordan argued that Smith misled Congress when he stated he did not obtain or review lawmakers’ text messages while carrying out his probes into President Donald Trump. The referral functions as an invitation for the Justice Department to launch an investigation into Smith’s conduct.
Smith’s attorneys called the criminal referral meritless in a letter previously obtained by Fox News Digital. The letter stated that the referral is based on a claim that Smith provided false testimony during his eight-hour deposition on Dec. 17, 2025, even though the letter concedes he did not make a false statement. The lawyers maintained that Smith provided truthful, responsive answers and that the referral reflects an eagerness to weaponize the justice system.
Lawmakers Targeted in the Justice Department Review
The Justice Department records detail a wide-ranging collection of communications involving dozens of federal legislators. Among the senators targeted in the 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 the House side, the 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 out to every current lawmaker named on the list.
Did You Know? The subpoenaed White House records examined by investigators cover the period from Oct. 1, 2020, through Jan. 20, 2021, capturing communications during the final months of the Trump administration and the transition of power.
Reactions From Congressional Leaders
Senators Grassley and Johnson, through their senior committee positions, were responsible for the release of the new documents. Grassley described the special counsel’s probe as a runaway train that had no brakes, stating that Department of Justice and FBI investigators apparently ignored routine investigative protocols. Johnson similarly labeled the seizure of text messages an example of weaponization of the Justice Department, arguing that Smith’s team acted with impunity.
Other lawmakers named in the records also voiced sharp criticisms. Sen. Josh Hawley called the documents more evidence of corruption and asserted that his text messages were illegally scooped up. Sen. Mike Lee slammed the collection of text messages as un-American, arguing that it came uncomfortably close to spying on a coequal, coordinate branch of government.
Frequently Asked Questions
What records did Jack Smith’s team obtain and review?
The team obtained and reviewed the contents of text messages exchanged between Trump White House officials and 44 current and former members of Congress from records subpoenaed from the National Archives covering Oct. 1, 2020, through Jan. 20, 2021.
Who released the Justice Department records detailing the text message review?
The records were released by two Republican-led Senate committees, led by Sens. Chuck Grassley and Ron Johnson.
What action did Jim Jordan take in response to the disclosures?
House Judiciary Committee Chairman Jim Jordan issued a criminal referral for Jack Smith, inviting the Justice Department to investigate Smith’s conduct over allegations he misled Congress regarding the review of lawmakers’ text messages.
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