Jack Smith Scooped Up Reporters’ Phone Data in Trump Probe: ‘Massive First Amendment Breach’

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Conservative media outlets pushed back after revelations that former special counsel Jack Smith’s investigators obtained communications from nearly 50 journalists at more than a dozen media outlets on both the right and left.

Senate Judiciary Chairman Chuck Grassley, R-Iowa, revealed the information Tuesday.

The Senate Judiciary Committee previously exposed that Smith and the Justice Department obtained the phone data of dozens of Republican lawmakers as part of the investigation into Donald Trump’s challenge to the outcome of the 2020 election.

“What I can say today is that Smith also obtained communications from members of the media, to include: 60 Minutes, Associated Press, Bloomberg, CBS, CNBC, CNN, Fox News, LA Times, Mark Levin Show, Media Research Center, NBC, NPR, NY Magazine, Reuters, The Federalist, The Washington Post, Washington Times and the Wall Street Journal,” Grassley, an Iowa Republican, said during his opening statement.

Grassley posed the question: “What will the partisan media say about this disgraceful government overreach? This wasn’t a normal prosecution by any means.”

Mark Levin, a TV and radio host and former chief of staff to Attorney General Ed Meese, raised First Amendment concerns about the probe.

A clear and massive 1st amendment breach by a federal prosecutor, Jack Smith, in the Biden regime involving what appears to be my radio show and scores of media and groups. Also, incredible breach of separation of powers involving the executive and legislative branches, and the… https://t.co/Jven1qD6RY

— Mark R. Levin (@marklevinshow) September 29, 2026

“A clear and massive 1st amendment breach by a federal prosecutor, Jack Smith, in the Biden regime involving what appears to be my radio show and scores of media and groups,” Levin posted on X.

Sean Davis, CEO and co-founder of The Federalist, said in a statement, “Corrupt cop Jack Smith spied on The Federalist and accessed our communications during his lawless anti-Trump witch hunt.”

BREAKING: Statement From Sean Davis, CEO and Co-Founder of The Federalist:

Corrupt cop Jack Smith spied on The Federalist and accessed our communications during his lawless anti-Trump witch hunt. We are still working to determine which of our reporters were targeted by Jack…

— Sean Davis (@seanmdav) September 29, 2026

The National Archives produced the information for Smith from 87 White House phones, so the material was swept up in a broader subpoena.

The Media Research Center, a conservative media watchdog group, posted on X: “Sen. Grassley says Jack Smith obtained communications from 18 media outlets, the Media Research Center among them. Everyone on that list should want answers. We do.”

Sen. Grassley says Jack Smith obtained communications from 18 media outlets, the Media Research Center among them. Everyone on that list should want answers.

We do. pic.twitter.com/sVto9VBL2b

— Media Research Center (@theMRC) September 29, 2026

Grassley also revealed a whistleblower disclosure that showed Smith’s team collected 4,782 personal checks from Americans nationwide who donated to Trump and Trump-aligned entities between September 2019 and August 2023.

Sen. Ted Cruz, R-Texas, asked about both the media records and the donor information.

“Did your subpoenas demand communications with Fox News?” Cruz asked.

“The subpoenas we issued did relate to communications regarding ad buys because it was relevant to the false statements,” Smith said.

Cruz responded, “Advertising on a news agency, you believe it criminal.” He then asked Smith if he obtained fundraising data.

Smith said, “I would have to look at the subpoenas.”

“Are you testifying right now you don’t know if you obtained donor and fundraising data?” Cruz asked.

When Smith didn’t answer, Cruz said, “You can sigh all you like—it’s a very simple question.”

Smith answered, “I do not recall because I have not seen those subpoenas for a very long time.”

Smith stood firmly by his prosecution and his team and repeatedly denied any political bias. He also noted that members of Congress were not the targets of the probe.

“I am not a politician and I have no partisan loyalty,” Smith said. “I stand by my decision to bring charges against President Trump.”

Variations of this denial prompted Sen. John Kennedy, R-La., to ask during questioning, “Do you believe in the tooth fairy?”

Smith answered, “No.”

“How about the easter bunny?”

“Not any more,” Smith replied.

Kennedy wrapped up by telling Smith, “You make me want to throw up in my mouth.”

Newly elected Sen. Darline Graham, R-S.C., sister of the late Sen. Lindsey Graham, brought up that Smith’s team obtained data from her brother.

“Do you really believe that Lindsey was going to destroy evidence that was not even in his possession?” she asked.

“No. I believe your brother was a patriotic public servant. He was not a target of our investigation,” Smith replied. “In fact, he likely would have been a witness in our case. Your brother investigated the claims that Donald Trump was making. He found them to be false.”

She followed up, “Why does the gag order say that disclosure of the subpoena would result in destruction of or tampering with evidence?”

“Because disclosure of that evidence could result in Donald Trump trying to intimidate witnesses as he had before and after,” Smith replied.

She shot back, “It makes no sense that anyone would be able to destroy the evidence that you were seeking,” since the evidence in question was in the hands of Lindsey Graham and Verizon.

She added, “You should be ashamed of yourself. It’s also a damned shamed that you weaponied our legal system to do this, to go after a political opponent, and his allies, including Lindsey.”

Sen. Eric Schmitt, R-Mo., called Smith a “dirt bag.”

Schmitt pressed Smith on whether he visited Atlanta during his time as special counsel, when Fulton County District Attorney Fani Willis was prosecuting a case against Trump over the 2020 election dispute.

Schmitt said the committee had a text from Smith’s staff that said he went to an Atlanta Hawks game in February 2024. Smith later said he was at a women’s college basketball game in Maryland between the University of Maryland Terrapins and the University of Iowa Hawkeyes, not an Atlanta Hawks game.

Senate Democrats focused almost entirely on the Jan. 6, 2021, protest that led to a breach of the Capitol.

“What we’ve heard, and what we haven’t heard, from my colleagues across the aisle, they have attacked you repeatedly, aggressively, inapprorpiately, scandalously, but none of them have contested what happened on this day,” Sen. Adam Schiff, D-Calif., said. “None of them have said there was no attack on Jan. 6. None of them have tried to deny the assault on police officers. None of them have even suggested the president wasn’t involved.”

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[ H/T The Daily Signal ]

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