Jack Smith
Much of the weaponization of the federal government by Joe Biden, prosecutor Jack Smith and other Democrats against President Donald Trump already has been documented.
Now there’s a new report from the House Judiciary Committee that cites the “bizarre” complaints by Smith, who was appointed, improperly, to develop several lawfare cases against Trump, about how his unconstitutional seizures of the phone records from members of Congress actually was Trump’s fault.
Because Trump contacted them.
The report discusses in detail much of the lawfare by Democrats who weaponized the federal government against Trump.
Smith’s own cases, which ultimately failed, made wild accusations Trump improperly had documents from his own presidency, and that he interfered in the nation’s elections.
During a grilling by Congress, the report affirms, “When asked who was to blame for the unconstitutional seizures of phone records from Members of Congress, Special Counsel Smith bizarrely testified that it was President Trump’s fault because ‘he chose to’ call these Members.”
The report said, “Instead of taking responsibility for the abuses of his office, Special Counsel Smith sought to pass the blame and accuse President Trump of wrongdoing for something—communicating with Members of Congress—that is well within the President’s official duties.:
Further, “Senior Assistant Special Counsel Molly Gaston defended the subpoenas for Members’ phone records by asserting an absurd and artificially narrow understanding of what material is protected by the Speech or Debate Clause. Gaston even disputed that a Member’s deliberations on how to vote in certifying a presidential election was ‘obvious[ly]’ an official legislative act. Similarly, Assistant Special Counsel Timothy Duree testified that caselaw surrounding the Speech or Debate Clause is ‘underdeveloped,’ but confidently maintained that toll records—the specific type of phone records sought—are not protected.”
The interim staff report is titled, “How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on their Political Opposition,” and reveals new information obtained by the committee in the 119th Congress that shows the Biden-Harris administration’s efforts to use the Department of Justice as a weapon against its political opponents.
The announcement about the release of the report said, “During the Biden-Harris DOJ’s investigation of the 2020 election, codenamed Arctic Frost, and the subsequent Special Counsel investigation, 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. Because the subpoenas and gag orders were obtained ex parte—meaning only the prosecutors presented to the grand jury and judge—the Members had no meaningful opportunity to challenge the Biden-Harris Administration’s actions.”
Now, the report explains, evidence obtained by the committee shows Smith’s team barely considered the constitutional protections surrounding this material—and to the extent that it did, it concluded that its subpoenas might be unconstitutional.
“Yet, Special Counsel Smith’s team forged ahead, issued the subpoenas, and at one point, violated the DOJ’s own procedures to review the content of private text messages between 44 Members of Congress and Executive Branch officials,” the report said.
In fact, the report affirms, “Arctic Frost investigators and Smith’s team paid no attention to the Constitution’s ‘absolute’ bar on compelled disclosure of documents related to Members’ legislative acts. Special Counsel Smith and his prosecutors admitted that the gag order deprived Members of the chance to appear in court to assert their constitutional rights under the Speech or Debate Clause. As Special Counsel Smith admitted privately to Attorney General Merrick Garland, ‘members . . . likely have a valid Speech or Debate privilege immunizing them from compelled testimony.’ Yet he, with Attorney General Garland’s blessing, issued subpoenas compelling the production of Members’ protected legislative records.”
Under a “best” case scenario, the report said, the Biden administration prosecutors “ignored key legislative protections enshrined in the Constitution to guarantee that Members of Congress may freely deliberate on the questions of public policy. At worst—which seems likely in context with the other abuses of Special Counsel Smith’s office—these prosecutors weaponized their law-enforcement authority to violate a key constitutional provision to gather reams of information about their Administration’s political adversaries.”
“The abuses uncovered demand legislative reforms to prevent a future Jack Smith from similarly violating the Constitution. On July 15, 2026, the Committee passed H.R. 9098, the Congressional Records Protection Act, introduced by Rep. Mike Kelly (R-PA). The bill seeks to protect the separation of powers enshrined in the United States Constitution and end the weaponized surveillance of Members of Congress. The Committee will continue to pursue the truth about this critical set of events in our nation’s history,” the announcement said.
The actual report confirmed Smith’s persecution of Trump “was a partisan attack by the Biden-Harris Department of Justice (DOJ) to weaponize the rule of law against President Joe Biden’s political opponent in the 2024 presidential election.”
NEW REPORT: How Jack Smith and the Biden-Harris DOJ Disregarded the Separation of Powers to Spy on their Political Opposition
Jack Smith knew Members of Congress are protected by the Constitution’s Speech or Debate Clause.
Smith’s own team even concluded that the subpoenas…
— House Judiciary GOP
(@JudiciaryGOP) September 23, 2026
The committee previously had confirmed “Smith and his team were willing to do anything to get President Trump. The Special Counsel’s prosecutors tried to silence President Trump with unlawful gag orders, threatened defense attorneys, mishandled key documents, and broke protocol to release a massive trove of alleged evidence just weeks before the presidential election to sway public opinion.”
The report describes the Democrats’ actions and agenda as a “perversion of justice.”
“New information obtained by the Committee in the 119th Congress shows that the Biden Harris Administration’s efforts to use the DOJ as a weapon against its political opponents did not stop with President Trump. The Biden-Harris Administration, including Special Counsel Smith, ran roughshod over key constitutional protections to spy on Republican Members of the U.S. House of Representatives and Senate. During the Biden-Harris DOJ’s investigation of the 2020 election, codenamed Arctic Frost, and the subsequent Special Counsel investigation, 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,” the report documented.
The Biden DOJ demanded the telephone records of at least 17 Republican members of Congress, including Speaker of the House Kevin McCarthy, as part of the Arctic Frost investigation, the report confirmed.
In fact, the records now confirm that while the weaponized DOJ and prosecution team knew their actions were unconstitutional, they concluded there was “little ‘litigation risk'” because the gag orders that accompanied the subpoenas would prevent ,embers from ever discovering the seizures.
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[ H/T WorldNetDaily ]
