Jack Smith Testifies Judges Were Not Informed GOP Lawmakers’ Phones Were Targeted

Former special counsel Jack Smith acknowledged that judges approving secrecy orders were not told Republican lawmakers’ phone records were being seized, according to deposition testimony reviewed by Congress.

By yourNEWS Media Newsroom

Former special counsel Jack Smith testified that judges were not informed his investigative team was seeking the phone records of Republican members of Congress when they were asked to approve nondisclosure orders tied to subpoenas, according to a deposition transcript obtained by the New York Post.

Smith made the admission during closed-door testimony before the House Judiciary Committee on Dec. 17, addressing subpoenas issued as part of the FBI’s investigation into alleged 2020 election interference. Smith said the decision to keep the subpoenas secret was driven by what he described as a need to prevent a “grave risk of obstruction of justice.”

During questioning, a committee member asked whether judges who approved the subpoenas were aware that the orders directed telecommunications companies AT&T and Verizon to turn over call logs belonging to sitting lawmakers. Smith responded, “I don’t think we identified that, because I don’t think that was department policy at the time.”

Republican members of the committee said the approach risked violating constitutional protections afforded to lawmakers under the Speech or Debate Clause, noting that roughly a dozen members of Congress had their cellphone metadata seized without their knowledge.

The testimony also addressed surveillance of Pennsylvania Republican Rep. Scott Perry. According to unclassified FBI records, agents monitored Perry at his congressional office and at his home before ultimately seizing his cellphone. That action is the only publicly known instance in which a sitting lawmaker’s physical device was taken during the investigation.

Several of the affected lawmakers have since called for the impeachment of U.S. District Court Judge James Boasberg of Washington, D.C., who authorized access to the phone records. Smith’s testimony suggested, however, that the judge may not have been told which specific individuals were being targeted when he approved the requests.

Under a provision included in legislation signed into law by President Donald Trump to end the longest government shutdown in U.S. history, senators whose electronic records were seized without notification could be eligible for compensation of up to $500,000 each.

Despite the criticism, Smith repeatedly defended the actions taken during the investigation. He told lawmakers that the phone records were obtained lawfully and in accordance with Justice Department policy at the time.

“We got these records in a manner that was consistent with the law and consistent with department policy,” Smith said. “There was nothing improper about how we got these records.”