Jack Smith Faces New Allegations Over Surveillance of Trump Allies
Special Counsel Jack Smith, whose team once alleged that Donald Trump and key allies broke the law in attempting to overturn the 2020 election, is now under scrutiny himself. Charges against Trump were dropped after he won the 2024 presidential election in November. Now, Smith faces new allegations that his office was involved in surveillance of Republican senators—a claim that has ignited fierce backlash and calls for congressional investigation.
The controversy stems from a report suggesting that the Biden-era FBI spied on Republican senators. Senate Majority Leader John Thune responded sharply on X: “I have grave concerns about a new report showing that the Biden-era FBI spied on Republican senators – and I fully support Senate committees getting to the bottom of this outrageous abuse of power and weaponization of the government.” The allegations also raise questions about Smith’s coordination with the Department of Justice and the legal firm Covington & Burling, which performed significant pro bono work for him. From the outset, the National Legal and Policy Center (NLPC) has argued that Attorney General Merrick Garland’s appointment of Smith bypassed the Senate confirmation required by the Appointments Clause (Article II, Section 2), rendering his actions illegitimate.
Smith’s prosecutorial approach has also drawn criticism. He claimed Trump consistently rejected information from aides who said he had no legal pathway to remain in office after losing the election, and that prosecutors could show a “pattern” of Trump sidelining those aides while elevating those with fringe beliefs. While the Mar-a-Lago volume of Smith’s report remains under seal, other details have emerged. In one bizarre exchange, Smith appeared confused when asked about attending a basketball game, eventually clarifying that he had gone to an Iowa Hawkeyes women’s matchup at the University of Maryland in February 2024—unrelated to the Atlanta Hawks. “Could it then be that the University of Iowa is the Hawkeyes?” he reportedly asked.
Smith has remained a top target of retribution for Trump. It remains to be seen whether the Trump administration will seek criminal charges against Smith in response to the alleged cell phone monitoring. As Senate committees prepare to investigate, the allegations threaten to further polarize an already divided political landscape.