Former Special Counsel Jack Smith is facing a firestorm of criticism from conservative lawmakers and commentators after Sen. Chuck Grassley, R-Iowa, released new documents suggesting Smith’s office coordinated privately with two federal judges during his investigations into Donald Trump, Fox News reports.
The documents, unveiled Tuesday, show that Smith’s team held discussions with U.S. District Judges Beryl Howell and James Boasberg—both Obama appointees and frequent critics of the former president—while pursuing multiple Trump-related cases, including those involving the 2020 election and alleged retention of classified documents.
“Democrat DC U.S. district judges illegally worked in secret with Biden Special Counsel Jack Smith to bring charges against President Trump,” Article III Project founder Mike Davis wrote on X, signalling the revelations give deeply troubling evidence of improper collaboration within the federal judiciary.
According to the briefing notes obtained by Grassley, Smith’s team met with Attorney General Merrick Garland on Jan. 13, 2023, shortly after Smith’s appointment as special counsel. The notes describe conversations with Judge Howell, who “liked our approach of pursuing the executive privilege litigation in an omnibus fashion.”
According to the outlet, “Omnibus motions allow for consolidated, rather than piecemeal, litigation and are typically used by lawyers to streamline court filings. Smith’s team frequently sought permission from the court to pierce executive privilege, a presumptive right that a president and his aides have that gives their communications a layer of legal privacy.”
The documents also mention a meeting scheduled with Judge Boasberg on March 18, 2023, one day after he was set to replace Howell as chief judge. Smith’s team indicated that Howell knew an omnibus motion was coming and “loves the idea.” The notes additionally list nearly a dozen former Trump aides—including Mark Meadows and Ken Cuccinelli—whose communications would be included in that consolidated motion.
Republican investigators told Fox News Digital that such interactions warrant serious scrutiny, suggesting they could show improper coordination between a prosecutorial team and judges overseeing related grand jury matters.
Sen. Ted Cruz, R-Texas, who led a Senate hearing Tuesday examining the Trump cases, called the revelations “significant,” labeling Smith’s approach a “modern Watergate.” Cruz argued that the special counsel’s investigation had morphed into a broad “political operation” that targeted conservatives and swept up personal data from hundreds of Republican figures.
Smith has repeatedly defended his work, telling Congress his investigations followed Department of Justice procedures and were “nonpartisan.” Still, the newly released documents have reignited questions about whether federal prosecutors and judges crossed ethical lines in the pursuit of Trump.