House Judiciary Chairman Jim Jordan has released a 57-page report accusing former Special Counsel Jack Smith of conducting unconstitutional surveillance on members of Congress and deliberately timing the release of evidence to influence the 2024 presidential election outcome.

Sweeping Surveillance Operation Exposed

The congressional investigation revealed that Smith’s team collected phone records and text message content from as many as 44 members of Congress without their knowledge. Jordan’s report alleges prosecutors intentionally bypassed constitutional protections by targeting lawmakers’ personal cell phone accounts through carriers rather than notifying the members directly. The surveillance, conducted under the codename Arctic Frost, remained hidden from lawmakers for more than two years through accompanying gag orders served on phone companies.

Internal Justice Department documents show that prosecutors received warnings about potential constitutional violations under the Speech or Debate Clause. Despite these concerns, the DOJ’s Public Integrity Section approved the subpoenas anyway, arguing that gag orders would prevent discovery and therefore minimize litigation risk. One official noted the government had a potentially valid argument that unsolicited incoming calls would not constitute protected legislative acts.

Jordan’s Own Records Targeted

The report documents how investigators sought Jordan’s personal phone records covering August 2020 to January 2021 in connection with a federal probe into Representative Scott Perry. The scope later expanded dramatically when the DOJ issued a subpoena for every incoming and outgoing call from Jordan’s phone over a 28-month period. The Justice Department used a Special Agent from its Office of Inspector General to serve the subpoena, which the report argues violated the watchdog office’s independence from political investigations.

Allegations Of Election Interference

Jordan’s committee charges that Smith’s team deliberately released a massive volume of alleged evidence just weeks before the 2024 presidential election to influence public opinion against then-candidate Donald Trump. The report accuses prosecutors of using unlawful gag orders to silence Trump, threatening defense attorneys, mishandling key documents, and running roughshod over constitutional protections. Jordan alleges the former Biden administration weaponized the Department of Justice against political opponents in an unprecedented abuse of prosecutorial power.

What This Means

The investigation raises fundamental questions about the separation of powers and constitutional limits on executive branch surveillance of the legislative branch. Jordan has issued a criminal referral seeking prosecution of Smith for allegedly making false statements to Congress about the surveillance activities. The controversy highlights ongoing tensions between congressional oversight authority and executive branch law enforcement operations targeting elected officials.