Washington’s latest scandal erupts as former special counsel Jack Smith is accused of orchestrating an invasive overreach into the private communications of congressional Republicans, as New York Post reports.
On Oct. 17, 2025, a letter spearheaded by Sen. Marsha Blackburn (R-Tenn.) accused Smith and the Biden-era Department of Justice of spying on elected officials, leading to his referral for a misconduct investigation and potential disbarment.
The controversy stems from subpoenas issued in 2023 to telecommunications companies, accessing detailed call records of GOP lawmakers from Jan. 4 to Jan. 7, 2021. These records revealed call times, recipients, durations, and locations, raising alarms over privacy violations.
The letter, signed by notable figures like Sens. Lindsey Graham (R-S.C.), Tommy Tuberville (R-Ala.), and others, alongside Rep. Mike Kelly (R-Pa.), targets Smith’s actions. It demands scrutiny by the DOJ’s Office of Professional Responsibility for what they see as baseless intrusion.
Smith is also referred for disbarment to professional boards in Tennessee and New York, where he holds legal licenses. The lawmakers argue no clear legal justification supported the sweeping collection of their phone data.
“We have yet to learn of any legal predicate for the Biden Department of Justice issuing subpoenas to obtain these cell phone records,” stated Sen. Marsha Blackburn and fellow GOP lawmakers. From a conservative vantage, this smells of partisan targeting, not justice, under a flimsy legal guise.
The group contends Smith trampled on constitutional protections, specifically citing the Speech or Debate Clause safeguarding legislative duties. They assert this breach undermines the very separation of powers foundational to governance.
As part of his 2020 election interference case against President Donald Trump, Smith accessed metadata from nine Republicans, exposing their contacts. Five affected lawmakers—Sens. Blackburn, Ron Johnson (R-Wis.), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), and Cynthia Lummis (R-Wyo.)—joined the misconduct complaint.
Blackburn had earlier questioned Verizon, AT&T, and T-Mobile on why they permitted such unchecked access to private data. The lack of pushback from these carriers only deepens suspicions of complicity in governmental overreach.
The FBI’s “Arctic Frost” operation, launched in April 2022, supplied materials to Smith by November that year, culminating in a four-count indictment against Trump in Washington, D.C. This probe’s scope now appears alarmingly wide, ensnaring more than just elected officials.
Sen. Chuck Grassley (R-Iowa), head of the Senate Judiciary Committee, unveiled details earlier in October 2025 about the phone record seizures, labeling the FBI’s conduct an unconstitutional violation. Files he released show 92 GOP-linked entities, including the late conservative figure Charlie Kirk, were targeted.
“What I’ve uncovered today is disturbing and outrageous political conduct by the Biden FBI,” declared Sen. Chuck Grassley. Conservatives might argue this echoes a bygone era of unchecked surveillance, a chilling reminder of why trust in federal institutions remains fragile.
Further records from FBI Director Kash Patel reveal Rep. Scott Perry (R-Pa.) was shadowed by agents at both his congressional and district offices, with his phone later confiscated. Such tactics suggest a deliberate campaign against GOP voices, not mere oversight.
Neither the DOJ nor Smith offered responses to requests for comment, leaving questions unanswered. This silence fuels perceptions of evasion rather than accountability in the face of serious allegations.
From a right-leaning perspective, this saga underscores a desperate need for reforms to curb federal overreach under partisan pretexts. If Smith’s actions prove as baseless as claimed, it’s a stark warning—government power must never eclipse the rights of those it serves.
