Jack Smith's prosecutors ran a quiet operation after Trump won in 2024.
They weren't finished – they were waiting.
Now the documents prove it, and Kash Patel just told America exactly what the Biden FBI was building.
Biden FBI Evidence Preservation Plan Set to Expire in 2030
Two weeks into Donald Trump's second term, holdover FBI agents in the Washington Field Office's CR-15 squad quietly executed a plan.
Every piece of evidence from the Arctic Frost investigation launched by Jack Smith – the classified documents, the grand jury transcripts, the witness recordings, the discovery files compiled against Trump – would be frozen in FBI custody until at least February 1, 2030.
That's the month after Trump leaves office again.
The FBI's own closing document spelled it out: the DOJ's rule against prosecuting a sitting president would no longer apply, and the case file would remain untouched until then.
Jack Smith's principal deputy – J.P. Cooney – put it in writing on January 8, 2025: "The dismissal was not based on the merits of the prosecution, which the SCO stands behind."
He added that dropping the case "should not be read to exonerate any particular person."
That wasn't legal boilerplate.
That was a message to the next Democrat attorney general: the prosecution kit is packed, the evidence is sealed, and the case reloads the moment Trump walks out of the White House.
Cooney knows it.
He's now running for Congress in Virginia's 7th District, listing his role prosecuting Trump as his top credential.
FBI Weaponization Targeted 430 Republicans Under Arctic Frost
Senate Judiciary Chairman Chuck Grassley called it a modern Watergate at his subcommittee hearing in March – and the documents back him up.
Arctic Frost wasn't just an investigation into Trump.
It was a federal dragnet targeting the entire Republican political apparatus.
Grassley's oversight exposed 197 subpoenas issued by Smith's team seeking records on over 430 named Republican individuals and organizations – including senators sitting on the Judiciary Committee itself.
The FBI obtained phone records from eight Republican senators covering the days around January 6, 2021, using secret non-disclosure orders to keep the surveillance hidden.
They subpoenaed Kash Patel's personal phone records – his residential address, email, IP address, and bank account details – when he was still a private citizen.
Senate Judiciary Committee records show Smith's team had an internal wish list of 14 members of Congress they wanted to surveil, with one email boasting they would "fire off subpoenas for so many members tolls" before alerting main Justice.
Grassley was direct: "Arctic Frost was the vehicle by which partisan FBI agents and DOJ prosecutors could improperly investigate the entire Republican political apparatus."
Merrick Garland Signed Off and Jack Smith Left the Case Ready to Reload
This wasn't rogue agents going off the reservation.
Merrick Garland personally approved the Mar-a-Lago raid in 2022.
Garland, Deputy Attorney General Lisa Monaco, and FBI Director Christopher Wray all personally signed off on opening Arctic Frost – and the same closing documents show they arranged for the evidence to outlive the administration.
What Jack Smith did next violated every standard of prosecutorial ethics.
Former U.S. Attorney Bud Cummins laid it out plainly: "A prosecutor's job is to gather facts discreetly, apply the law fairly, and decide whether a case should be brought. If the case cannot or should not be prosecuted, the prosecutor should close the file – not write a political narrative, preserve a roadmap, and leave behind a prosecution kit for future use."
Normal procedure when a case is dismissed is to return the evidence to the subject.
They issued a preservation order instead and called it "ongoing litigation" – even though Smith had just asked Judge Tanya Chutkan to dismiss the charges.
Chutkan – an Obama appointee – agreed, dismissing the case "without prejudice" and leaving every door open for a future Democrat DOJ to walk through.
Kash Patel Shut Down CR-15 and Is Still Following the Evidence
Kash Patel shut down the CR-15 squad and he's not finished.
"The American people deserve to know how this egregious weaponization of power to target political opponents and President Trump happened inside an institution meant to protect them," Patel told Just the News.
"We shut down the weaponized CR-15 squad, and we are going to keep following the facts until there is full accountability."
Arctic Frost targeted 430 Republicans, spied on senators, subpoenaed Fox News communications, froze prosecution evidence until 2030, and produced the deputy special counsel who wrote the preservation order – who is now running for Congress on the credential of having prosecuted Trump.
Biden's FBI ran a three-year federal surveillance operation against the entire Republican Party, built a legal time bomb set to detonate the moment Trump leaves office, and left it locked in an evidence room waiting for the right Democrat to pull the trigger.
Kash Patel has the files now.
Sources:
- John Solomon and Jerry Dunleavy, "Biden FBI secretly set up Trump to be indicted after he leaves office, Arctic Frost memos suggest," Just the News, May 12, 2026.
- Chuck Grassley, Opening Statement, "Arctic Frost: A Modern Watergate," Senate Judiciary Subcommittee Hearing, March 2026, Senate Judiciary Committee.
- Chuck Grassley, "New: Jack Smith Subpoenaed Records for Over 400 Republican Targets as Part of Arctic Frost," Senate Judiciary Committee, October 29, 2025.
- Chuck Grassley, "Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation," Senate Judiciary Committee, October 6, 2025.
- Megan Lebowitz, "J.P. Cooney, ex-Trump prosecutor in Jack Smith's office, is running for Congress," NBC News, February 12, 2026.
- Fox News Staff, "Former Jack Smith deputy involved in prosecuting Trump announces run for office," Fox News, February 12, 2026.
