Jack Smith’s Lawyers Justify Special Counsel’s Lawful Analysis of GOP Phone Data
Attorneys representing former special counsel Jack Smith have defended his investigative actions as lawful and consistent with established Department of Justice methods. This comes in response to criticisms regarding the acquisition of phone records from Republican lawmakers as part of the probe into efforts to overturn the 2020 presidential election results.
Background of the Investigation
Earlier this month, Senator Chuck Grassley, the chairman of the Senate Judiciary Committee, released a document claiming that the Federal Bureau of Investigation (FBI) obtained phone data from eight GOP senators and a Republican House member. This information was collected during Smith’s investigation into Trump’s actions surrounding the 2020 election.
Lawmakers Involved
- Lindsey Graham (South Carolina)
- Bill Hagerty (Tennessee)
- Josh Hawley (Missouri)
- Dan Sullivan (Alaska)
- Tommy Tuberville (Alabama)
- Ron Johnson (Wisconsin)
- Cynthia Lummis (Wyoming)
- Marsha Blackburn (Tennessee)
- Mike Kelly (Pennsylvania, House of Representatives)
Details of Acquired Phone Records
According to the attorneys’ letter dated September 27, 2023, the records scrutinized pertained to calls made between January 4 and January 7, 2021. Smith obtained these records through a grand jury subpoena, enabling investigators to collect data on the timing and duration of calls without accessing the actual content.
Legal Justifications
Smith’s lawyers, Lanny A. Breuer and Peter Koski, clarified that phone toll records contain basic routing information and do not infringe on privacy expectations. They asserted that acquiring such records via a subpoena is a standard and lawful investigative procedure.
Historical Context
The attorneys pointed out that similar practices have been used in past investigations. Notably, special counsel Robert Hur also obtained phone records related to President Biden. Furthermore, during the Trump administration, the Justice Department obtained records from various congressional staffers during investigations into media leaks.
Reactions from Senators
A group of five senators has demanded an inquiry into Smith’s investigative methods, labeling him a “rogue Special Counsel.” They argued that Smith’s team acted without proper rationale in obtaining records from sitting lawmakers.
Focus of Smith’s Investigation
The investigation includes significant scrutiny of Trump’s efforts and those of his associates to persuade lawmakers to impede the certification of President Biden’s election victory. Records of calls made by Trump have been tied to this alleged pressure campaign.
Conclusion
Smith’s attorneys expressed confidence that an objective review would affirm the legality of their actions. They emphasized that Smith’s work in probing Trump’s conduct after the 2020 election adhered to the law.
Since leaving the Justice Department in January, Smith has faced critiques from Republican lawmakers. His legal team described these criticisms as “imaginary and unfounded.”
