Jack Smith's 'Arctic Frost' Probe Was an Unconstitutional Political Witch Hunt That Spied on Media and Congress
Source: Brianna Lyman. "Jack Smith Spied On The Federalist During Anti-Trump Witch Hunt." September 29, 2026. thefederalist.com
The Gist
The article claims that Special Counsel Jack Smith secretly spied on journalists, including The Federalist, and members of Congress while investigating Trump, using broad subpoenas that swept up years of communications. The author argues this proves the investigation was really a political witch hunt designed to target Republicans and media critics, not a legitimate legal probe.
Conclusion
Special Counsel Jack Smith conducted an unconstitutional, politically motivated surveillance operation ('Arctic Frost') that targeted Trump, Republicans, members of Congress, and media organizations including The Federalist, as part of a broader anti-Trump/anti-Republican lawfare effort rather than a legitimate investigation.
Premises
- Sen. Grassley revealed Smith's office subpoenaed text messages from 87 Trump White House phones, which Smith knew would include communications with Members of Congress.
- Smith's team obtained communications from over a dozen major media outlets, including The Federalist, CNN, Fox News, and others.
- Smith's team allegedly knew they would scoop up Speech or Debate privileged congressional communications but failed to filter them out, and internal messages show discussion of circumventing statutory barriers protecting congressional toll records.
- One of Smith's deputies, J.P. Cooney, was on record saying he was an 'advocate for repealing' the Speech or Debate clause protections.
- Despite claiming to focus on January 6, 2021, Smith's subpoenas sought records dating back to 2019 and forward to 2023, suggesting a broader mapping of the Republican Party rather than a narrow investigation.
- The Federalist's CEO Sean Davis states the outlet has a history of exposing Deep State corruption and DOJ lawfare, suggesting the spying was retaliatory.
- Despite this broad investigative scope, Smith ultimately indicted only one person (Trump), implying the true purpose was broader political targeting rather than prosecution.
Assumptions
- Obtaining phone records/communications during a legitimate federal investigation, when incidental to a lawful subpoena, constitutes illegitimate 'spying' rather than standard investigative procedure.
- The scope and timeframe of subpoenas necessarily indicates political motive rather than legitimate investigative breadth (e.g., establishing patterns or conspiracy timelines).
- Media organizations' communications being incidentally captured in subpoenaed White House phone records equates to those organizations being deliberately 'targeted.'
- A single internal comment advocating for repealing Speech or Debate protections reflects the operational intent of Smith's entire team.
- The low indictment count (one person) is evidence of political motive rather than prosecutorial discretion, evidentiary limits, or legal strategy.
- Grassley's characterization of events, delivered in a Senate hearing, is a neutral and complete account rather than itself a politically motivated framing.