Special Counsel Jack Smith is facing mounting scrutiny from Republican lawmakers who accuse him of serious misconduct during his investigation of former President Donald Trump. On Friday, Sen. Marsha Blackburn (R-Tenn.), joined by several GOP senators and one congressman, sent a formal letter to Attorney General Pam Bondi referring Smith to the Department of Justice’s Office of Professional Responsibility and two state bar associations. The lawmakers allege Smith’s actions violated constitutional protections and could warrant disbarment, according to The New York Post.
The letter claims that during Smith’s Trump-related probe, the Biden DOJ issued subpoenas to multiple telecommunications companies in 2023, secretly obtaining the cell phone records of Republican members of Congress. “We have yet to learn of any legal predicate for the Biden Department of Justice issuing subpoenas to obtain these cell phone records,” the lawmakers wrote. Reports suggest Smith’s team conducted what’s known as a toll analysis, gathering call metadata, recipient details, and location information from lawmakers’ personal devices—without notifying or obtaining consent from those targeted.
Joining Blackburn in the referral were Sens. Lindsey Graham, Tommy Tuberville, Dan Sullivan, Ron Johnson, Bill Hagerty, Josh Hawley, Cynthia Lummis, and Rep. Mike Kelly. The lawmakers argue Smith’s actions breached the Speech or Debate Clause, which protects Congress from executive overreach. “The conduct that Jack Smith and his team engaged in harkens back to a dark chapter in American history… we must ensure we never return to these disgraceful eras,” the letter stated, comparing the actions to abuses under J. Edgar Hoover and the prosecution of Sen. Ted Stevens. They also cited the FBI’s Arctic Frost operation, which reportedly fed data into Smith’s election interference case against Trump. Some senators, including Chuck Grassley, called the episode “arguably worse than Watergate.” Republicans say the move is about accountability—a warning that no prosecutor is above the law.
