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Former Congressman Slams Jack Smith for Seeking Congressional Phone Records in Jan. 6 Investigation
Former Representative Louie Gohmert has sharply criticized ex-Special Counsel Jack Smith for allegedly targeting his personal phone records as part of the investigation into the January 6, 2021, Capitol riots. In an exclusive interview, Gohmert claimed the action “destroys the checks and balances that the founders counted on.”
Documents recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Senator Ron Johnson reveal that Smith, on January 24, 2023, sought phone records for both then-House Speaker Kevin McCarthy and Representative Gohmert. This information was included in a “significant case notification” drafted by the FBI’s Criminal Investigative Division in May 2023.
“It is astounding that Jack ‘Frost’ Smith went on this persecution,” Gohmert said. “Apparently, this guy has never read the Fourth Amendment because you have to describe with particularity what it is you’re going after — there should be probable cause, and they had no probable cause. They were going on a witch hunt.”
Smith reportedly sought Gohmert’s personal cellphone records covering a three-month period from November 2020 through January 2021. The former congressman expressed particular concern about the constitutional separation of powers implications.
“It is the separation of powers that is the problem,” Gohmert explained. “People and whistleblowers contacted me regularly from within the DOJ and the FBI about overreach within the FBI and DOJ. By grabbing my records, they could stifle reporting of potential crimes by people within the agencies.”
McCarthy has also responded strongly to the revelations, stating he intends to take legal action against Smith. “Jack Smith’s radical and deranged investigation was never about finding the truth,” McCarthy said. “It was a blatant weaponizing of the Justice Department to attack political opponents of the Biden administration.”
The former Speaker added that he would “ask my own counsel to pursue all areas of redress so this does not happen to anyone else” and expressed confidence that Congress would hold hearings and investigate Smith’s actions.
These revelations follow earlier reports that Smith and his “Arctic Frost” team were tracking the private communications and phone calls of nearly a dozen Republican senators as part of the probe. Those targeted reportedly included high-profile senators like Lindsey Graham, Josh Hawley, and Marsha Blackburn, among others.
Smith has defended his actions, describing his decision to subpoena lawmakers’ phone records as “entirely proper” and consistent with Justice Department policy. In a letter to Senator Grassley in October, Smith’s lawyers wrote that “the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol.”
Senators Grassley and Johnson have been leading a joint investigation into Smith’s “Arctic Frost” probe. An FBI official described “Arctic Frost” as a “prohibited case” and said the review required officials to go “above and beyond in order to deliver on this promise of transparency.”
After months of investigation, Smith charged former President Donald Trump in the U.S. District Court for Washington, D.C., in relation to the 2020 election. However, following Trump’s recent election victory, Smith sought to dismiss the case, a request Judge Tanya Chutkan granted. The investigation reportedly cost taxpayers more than $50 million.
Despite his criticisms of Smith, Gohmert expressed confidence in the current Justice Department and FBI leadership. “I trust the DOJ and trust the people running the FBI,” he said. “We’ll see if there were any crimes committed and, if following the Constitution, they can be properly prosecuted.”
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8 Comments
It’s concerning to see claims of the special counsel potentially overstepping boundaries, especially when it comes to the phone records of elected officials. The public deserves a full accounting of the legal basis and evidence supporting these actions.
Absolutely. Transparency and due process are critical, no matter who is being investigated. We should be cautious about setting precedents that could be abused down the line.
This is a complex and politically-charged issue. While we should take Gohmert’s claims seriously, it’s important to wait for more details and evidence before drawing firm conclusions. Investigative overreach needs to be guarded against, but so does political posturing.
The notion of the special counsel targeting a member of Congress’ personal phone records is certainly troubling on the surface. However, we’d need to see the full justification and legal rationale to really assess the merits of this action. Transparency is key in these high-profile cases.
Gohmert raises some valid constitutional concerns about the potential abuse of investigative powers. At the same time, it’s important to avoid knee-jerk reactions and to let the full facts and legal process play out. These types of cases require careful scrutiny from all sides.
This seems like a concerning case of potential government overreach. If the reports are accurate, it’s troubling that the special counsel would seek personal phone records of a member of Congress without clear justification. The founders built in checks and balances for good reason.
Gohmert makes a fair point about the 4th Amendment protections. Targeting congressional records like this could set a dangerous precedent. There needs to be strong justification and transparency around such investigative actions.
I agree, the details of this case will be important to scrutinize. Overreach by investigators, even in high-profile cases, should concern everyone who values civil liberties.