In a move that has raised eyebrows among conservatives, special counsel Jack Smith and his team have been revealed to have pursued the phone records of Republican congress members, despite being cautioned about the potential for “litigation risk,” according to internal emails.
As reported by Western Journal, the emails, which were made public on Tuesday by Senators Chuck Grassley of Iowa and Ron Johnson of Wisconsin, expose the deliberations of prosecutors as they decided which congress members to target with subpoenas. These actions were part of the “Arctic Frost” investigation, which later evolved into Smith’s 2020 election case against then-President Donald Trump.
John Keller, the former head of the Justice Department Public Integrity Section, had warned the prosecutors in a May 2023 email, stating, “As you are aware, there is some litigation risk regarding whether compelled disclosure of toll records of a Member’s legislative calls violates the Speech or Debate Clause in the D.C. Circuit.” Despite this caution, Keller gave the green light for the subpoenas.