Special counsel Jack Smith’s investigation into Donald Trump’s efforts to overturn the 2020 election quietly obtained the text messages of 44 members of Congress, according to newly released records from two senior Republican senators.
The records indicate that Smith’s team secured text messages exchanged among 40 Republican lawmakers, 4 Democrats, and senior Trump administration officials.
These communications were gathered after the National Archives was subpoenaed for government phone records covering the period from October 2020 through January 2021, as prosecutors probed Trump’s attempts to reverse his election loss to Joe Biden.

This newly disclosed material underscores the extensive reach of Smith’s inquiry within Washington, encompassing communications involving some of the most influential figures in government. Among those whose records were examined were Mark Meadows, a White House chief of staff, and Mike Pence, then-Vice President, who resisted Trump’s efforts to block the congressional certification of the election.
The revelation comes ahead of a significant moment for Todd Blanche, who defended Trump against both of Smith’s criminal cases.
The records were released by Senate Judiciary Committee Chairman Chuck Grassley and Senator Ron Johnson, who have criticized Smith’s team for conducting an “overly broad investigation.” Grassley stated Smith still has “answering to do” and pledged to summon the special counsel before the Judiciary Committee in the coming months.

A spokesperson for Smith did not immediately respond to a request for comment. Smith has consistently maintained that his investigations adhered to Justice Department policies and were conducted without political influence.
Grassley also alleged that a member of Smith’s prosecution team reviewed some of the records before a Justice Department filter team completed its privilege review, raising questions about whether internal procedures were followed. The filter team was established to identify potentially privileged attorney-client communications, not communications involving members of Congress.
This latest disclosure follows previously released records showing Smith subpoenaed call logs belonging to several Republican senators during the January 6 investigation. Reuters also reported that FBI Director Kash Patel and White House chief of staff Susie Wiles had phone records subpoenaed as part of Smith’s separate classified documents investigation into Trump’s handling of records at Mar-a-Lago.
Both federal cases against Trump were dismissed after his victory in the 2024 presidential election, in line with longstanding Justice Department policy against prosecuting a sitting president. Smith previously informed lawmakers that obtaining congressional phone records was a necessary step in investigating Trump’s campaign to prevent Congress from certifying the 2020 election results.
