Smith Obtained Texts From 44 Lawmakers in Trump Prosecution, Grassley Discloses
The disclosure raises unresolved questions about the scope of executive branch access to congressional communications and the Speech or Debate Clause's practical limits.
Special Counsel Jack Smith obtained text messages to and from 44 members of Congress — including members of both parties — as part of his prosecution of former President Donald Trump, according to a public statement by Sen. Charles Grassley (R-Iowa), as reported by the New York Post on July 18, 2026. The National Archives transferred the messages to Smith's office in August 2023, according to Grassley's account. Grassley characterized Smith's conduct as having "ran roughshod over the Constitution," language he used in publicly released remarks. The senator is 92 years old and has served in the Senate since 1981, according to the Senate biographical directory.
The constitutional question at the center of Grassley's objection involves the Speech or Debate Clause, found in Article I, Section 6 of the U.S. Constitution, which states that senators and representatives "shall not be questioned in any other Place" for "any Speech or Debate in either House." Courts have interpreted this clause to provide broad immunity to legislative communications in some circumstances, though its precise application to executive subpoenas of third-party record-holders — such as the National Archives — has not been definitively resolved by the Supreme Court.
It is not publicly known which specific 44 lawmakers received or sent the texts in question, what the content of those communications was, or whether Smith's office sought or received any judicial authorization specific to legislative communications before the Archives transfer occurred. The underlying legal filings from Smith's prosecution, including any subpoenas directed at the National Archives, would be the primary public record that could answer those questions. Some of those filings may remain under seal.
Smith's prosecution of Trump on federal charges related to the events of January 6, 2021, and the handling of classified documents was ultimately dismissed after Trump won the 2024 presidential election, with the Department of Justice citing longstanding policy against prosecuting a sitting president. Smith subsequently published a final report on his investigations. Whether any congressional inquiry into the Archives disclosure or the text message acquisition is ongoing is not confirmed in available public records as of today's date. A formal congressional investigation, inspector general referral, or court proceeding would be the mechanisms most likely to produce additional documented findings.