House Judiciary Chairman Jim Jordan released a bombshell 57-page report accusing former Special Counsel Jack Smith of weaponizing the Justice Department to influence the 2024 presidential election, alleging prosecutors secretly gathered text messages from 44 members of Congress while deliberately hiding the surveillance behind gag orders.

Secret Surveillance of Lawmakers Exposed

The Ohio Republican’s investigation revealed that Smith’s team collected toll records and text message content from dozens of House and Senate members without their knowledge for over two years. Internal Justice Department documents show prosecutors sought Jordan’s own phone records spanning August 2020 to January 2021 during the probe into Representative Scott Perry. The subpoenas targeted personal cell phone accounts through carriers rather than lawmakers directly, a tactic the report claims intentionally bypassed constitutional protections under the Speech or Debate Clause.

Department of Justice attorneys acknowledged the constitutional risks but approved the subpoenas anyway, calculating there was minimal litigation risk since mandatory gag orders would prevent lawmakers from ever discovering the surveillance. Deputy Chief Jennifer Clarke and official John Keller both noted potential legal problems in internal emails but concluded members were unlikely to face federal charges, making discovery improbable.

Release Timed to Sway Voters

Jordan’s report accuses Smith’s prosecutors of multiple violations, including unlawful gag orders against President Trump, threats directed at defense attorneys, mishandling key documents, and releasing massive amounts of alleged evidence just weeks before the 2024 presidential election. The committee argues these actions were designed to influence public opinion at a critical moment. Prosecutors reportedly had only limited discussions with the Justice Department’s Public Integrity Section about the constitutionality of seizing congressional records, pressing forward despite warnings.

Watchdog Office Allegedly Misused

The investigation also alleges improper use of the Justice Department’s Office of the Inspector General to serve subpoenas. On May 1, investigators issued a subpoena demanding Jordan’s complete phone records from January 2020 through April 2022, covering every incoming and outgoing call for over two years. A special agent from the OIG, which maintains independence from the Justice Department and reports to Congress on waste and fraud, served the carrier subpoena. Special Agent Brian Burnett later testified the entire investigation was unique within his experience. Jordan has issued a criminal referral seeking Smith’s prosecution for allegedly making false statements to Congress last December about collecting congressional communications.