New Report Confirms Jack Smith and Biden DOJ Coordinated to Spy on Their Political Opposition

A new report released by House Judiciary Chairman Jim Jordan confirms Special Counsel Jack Smith coordinated with the Biden DOJ to spy on their political opposition.

Republicans released documents that revealed investigators improperly subpoenaed phone records that belonged to 44 GOP lawmakers during Jack Smith’s Arctic Frost investigation.

Jack Smith’s team also secured gag orders to prevent the GOP lawmakers from learning that Biden’s DOJ obtained their phone records.

House Republicans also released transcripts from five members of Jack Smith’s team.

Transcript from J.P. Cooney, a member of Jack Smith’s team, once again confirm coordination between the special counsel and the Biden White House.

“During your time at the Special Counsel’s Office, did you ever interact with the White House?” the GOP investigator asked JP Cooney.

“I did have some interactions with a staff member in the White House Counsel’s Office,” JP Cooney replied.

NEW: Transcripts released by @JudiciaryGOP once again confirm collaboration between Biden DOJ/Special Counsel Jack Smith and the Biden White House.

Here is JP Cooney–who pushed for investigations into Trump and his circle immediately after Jan 6 then detailed to Jack Smith’s… pic.twitter.com/r3x1btM6hJ

— Julie Kelly 🇺🇸 (@julie_kelly2) September 23, 2026

Press release from the GOP-led House Judiciary Committee:

During the Biden-Harris DOJ’s investigation of the 2020 election, codenamed Arctic Frost, and the subsequent Special Counsel investigation, investigators unconstitutionally subpoenaed phone records for over a dozen Republican Members of Congress and obtained gag orders to prevent the Members from knowing that the Biden-Harris Administration had obtained these records. Because the subpoenas and gag orders were obtained ex parte—meaning only the prosecutors presented to the grand jury and judge—the Members had no meaningful opportunity to challenge the Biden-Harris Administration’s actions.

The evidence available to the Committee shows that Special Counsel Smith’s team barely considered the constitutional protections surrounding this material—and to the extent that it did, it concluded that its subpoenas might be unconstitutional. Yet, Special Counsel Smith’s team forged ahead, issued the subpoenas, and at one point, violated the DOJ’s own procedures to review the content of private text messages between 44 Members of Congress and Executive Branch officials.

Arctic Frost investigators and Smith’s team paid no attention to the Constitution’s “absolute” bar on compelled disclosure of documents related to Members’ legislative acts. Special Counsel Smith and his prosecutors admitted that the gag order deprived Members of the chance to appear in court to assert their constitutional rights under the Speech or Debate Clause. As Special Counsel Smith admitted privately to Attorney General Merrick Garland, “members . . . likely have a valid Speech or Debate privilege immunizing them from compelled testimony.” Yet he, with Attorney General Garland’s blessing, issued subpoenas compelling the production of Members’ protected legislative records.

At best, these prosecutors ignored key legislative protections enshrined in the Constitution to guarantee that Members of Congress may freely deliberate on the questions of public policy. At worst—which seems likely in context with the other abuses of Special Counsel Smith’s office—these prosecutors weaponized their law-enforcement authority to violate a key constitutional provision to gather reams of information about their Administration’s political adversaries.

The abuses uncovered demand legislative reforms to prevent a future Jack Smith from similarly violating the Constitution. On July 15, 2026, the Committee passed H.R. 9098, the Congressional Records Protection Act, introduced by Rep. Mike Kelly (R-PA). The bill seeks to protect the separation of powers enshrined in the United States Constitution and end the weaponized surveillance of Members of Congress. The Committee will continue to pursue the truth about this critical set of events in our nation’s history.