JUST IN: The committee published the report ''How Jack Smith and the Biden-Harris Department of Justice Disregarded the Separation of Powers to Spy on their Political Opposition'', after releasing transcribed interviews of five former Jack Smith prosecutors and a former DOJ OIG agent on September 22. The report is a Republican staff product drawing on documents, emails, and testimony obtained in the 119th Congress. It describes the FBI’s “Arctic Frost” investigation into 2020 election-related matters and the later Special Counsel probe. Investigators obtained telephone toll records for at least 17 Republican members of Congress, including then-Speaker Kevin McCarthy and Judiciary Chairman Jim Jordan. They also obtained the content of text messages involving 44 members of Congress. These were secured through subpoenas to telecom providers accompanied by gag/nondisclosure orders so the members would not be notified. Internal discussions with DOJ’s Public Integrity Section flagged Speech or Debate Clause concerns. PIN still approved the requests, noting limited “litigation risk” because the gag orders would keep members from learning about or challenging the subpoenas in court. Smith’s team later reviewed some of the congressional texts without the filter-team screening that DOJ policy required for potentially privileged material. Smith himself is quoted in the report as privately telling Attorney General Merrick Garland that members “likely have a valid Speech or Debate privilege.”
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