What Happened?

Investigators working for former special counsel Jack Smith read private text messages from 44 members of Congress and pulled phone records on Republican lawmakers, raising questions that their constitutional rights may have been violated. The Senate Judiciary Committee will hold a hearing Sept. 29 to decide whether federal investigators broke the constitutional rule meant to keep them out of lawmakers' private communications, a ruling that will shape how closely the government can watch the people voters elect. [](#ngr-b133808d-a080-4ae0-a23b-0f8699da7a37)

That rule is the Speech or Debate Clause, which shields lawmakers' official communications from interference by the executive and judicial branches. The allegations come from a 56-page interim staff report from Senate Judiciary Republicans. The report is interim, meaning the committee's work is ongoing and its findings are not final.

Why Does It Matter to Me?

Voters send lawmakers to D.C. to act freely on their behalf, not to be monitored by the same government they're supposed to check. If investigators reviewed text messages that 44 members of Congress sent to White House officials around Jan. 6, 2021, the question of whether that crossed a legal line will decide how much room federal investigators have the next time a politically charged case reaches Capitol Hill. A court ruling either way would set a precedent that applies to future investigations, regardless of which party controls Congress or the White House.

Both Sides, Now

House Judiciary Committee Chair Jim Jordan (R-OH) said: "Members of Congress' communications are protected under the Speech or Debate Clause. Jack Smith knows this. But he ignored the Constitution to spy on Republicans." Those are Jordan's allegations and have not been established by a court.

Senate Judiciary Democrats have argued that prosecutors used a legal process authorized by Congress to obtain toll records, as part of the investigation into President Trump's efforts to overturn the 2020 presidential election after falsely claiming there was widespread voter fraud. Ranking member Sen. Dick Durbin (D-IL) has repeatedly called for Smith to testify publicly under oath about Arctic Frost and his work as special counsel.

Separately, Smith spoke publicly at George Mason University on Sept. 16, where he argued the Justice Department's credibility has suffered because of leadership turnover, the dismissal of career prosecutors, and political pressure to pursue or drop cases based on the president's preferences.

What Happens Next?

The Senate Judiciary Committee hearing, titled "Oversight Hearings To Examine Jack Smith's Authority And Republicans And Related Matters," is scheduled for Sept. 29, with Sen. Chuck Grassley (R-IA) serving as chair. It is not yet public which witnesses have been called to testify.

The hearing will examine competing claims over whether Arctic Frost's investigative methods infringed lawmakers' constitutional protections or represented lawful investigative activity. The Senate Judiciary Committee's interim report also signals that additional findings could follow, since the investigation it describes is still open.

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