Jack Smith’s legacy under scrutiny as questions mount over Trump case tactics

Published July 17, 2026 7:00am ET



The Biden Justice Department’s pursuit of President Donald Trump is facing fresh scrutiny after newly released materials showed former special counsel Jack Smith’s team accessed text messages to or from 44 members of Congress before a DOJ filter team had completed its privilege review — as well as other revelations that call into question the tactics Smith used to prosecute Trump.

The disclosure, released Tuesday by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), revived Republican scrutiny that Smith’s office disregarded protocol while investigating Trump, and it prompted a rare expression of concern from a Democratic senator.

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