Jack Smith thought he could walk away from his prosecutions of Donald Trump without answering for them.
He figured wrong.
And Jack Smith got some bad news with one ultimatum he was dreading.
Jordan demands Smith testify after deputies take the Fifth 145 times
House Judiciary Chair Jim Jordan, R-Ohio, just put Jack Smith in an impossible position.
Jordan sent Smith a scathing letter demanding he testify before Congress about his "partisan and politically motivated prosecutions" of President Trump.¹
Jordan’s team has been methodically building this case for months – and the evidence they’ve uncovered is damning.
Two of Smith’s top deputies refused to cooperate when brought before the committee.² Thomas Windom, a senior assistant special counsel, invoked the Fifth Amendment roughly 70 times when questioned about whether members of Congress were swept up in Smith’s investigations.³ Jay Bratt, Smith’s former counselor, took the Fifth about 75 times.⁴
Think about that for a second. These are prosecutors who spent years investigating Trump. And when Congress asks them basic questions about their own conduct, they lawyer up and plead the Fifth.
That’s 145 times combined that Smith’s own team refused to answer questions because they feared self-incrimination.
Jordan isn’t buying their silence. "As the Special Counsel, you are responsible for the misconduct and abuses of your office," Jordan wrote to Smith.⁵ "You ignored our previous requests for information. Now we expect answers."
Arctic Frost revelations expose surveillance of Republican lawmakers
The timing of Jordan’s letter isn’t coincidental.
Last week, FBI Director Kash Patel revealed explosive documents showing Smith’s team requested and obtained private phone records for at least eight senators and one representative during an investigation code-named "Arctic Frost."⁶
The targeted lawmakers included Sens. Lindsey Graham, R-S.C., Marsha Blackburn, R-Tenn., Ron Johnson, R-Wis., Josh Hawley, R-Mo., Cynthia Lummis, R-Wyo., Bill Hagerty, R-Tenn., Dan Sullivan, R-Alaska, and Tommy Tuberville, R-Ala., plus Rep. Mike Kelly, R-Pa.⁷
Smith’s investigators tracked who these lawmakers called, when they called them, how long the calls lasted, and the general location data – all without their knowledge.⁸
This wasn’t just about investigating Trump. This was Smith’s team conducting surveillance on sitting members of Congress who questioned the 2020 election results.
The FBI obtained this data through subpoenas to major telephone carriers in 2023, months before Trump was even indicted.⁹
Let that sink in. While Smith’s team was supposedly building a case against Trump for January 6, they were simultaneously spying on Republican senators who voted to challenge electoral votes.
"These records show your office ran politically motivated investigations," Jordan charged in his letter.¹⁰
The Arctic Frost operation went far beyond just these nine lawmakers. Senate oversight documents revealed the FBI targeted nearly 100 Republican organizations and individuals as part of this sweeping surveillance dragnet.¹¹
Smith’s team even obtained President Trump’s and Vice President Pence’s government cell phones before Trump was officially added as a subject of the investigation.¹²
Smith’s team engaged in prosecutorial misconduct and constitutional abuses
Jordan’s letter catalogs a damning list of alleged abuses by Smith’s office.
His prosecutors "sought to silence President Trump by restricting his public statements about the case, conducted an unnecessary and abusive raid of his residence, attempted to improperly pressure defense counsel with the promise of political patronage, and manipulated key evidence in the investigation."¹³
The Mar-a-Lago raid was theater – pure political spectacle designed to make Trump look like a criminal before any trial.
And the evidence manipulation? Smith’s team admitted in court filings that key evidence in the documents case had been tampered with after it was seized from Mar-a-Lago.¹⁴
Then there’s the disturbing allegation about Jay Bratt. Jordan revealed that Bratt allegedly pressured defense attorney Stanley Woodward by implying the Biden Administration would look more favorably on Woodward’s candidacy for a federal judgeship if his client cooperated with Smith’s office.¹⁵
That’s not prosecutorial discretion – that’s extortion.
The committee also uncovered FBI documents showing Smith’s team surveilled Rep. Scott Perry, R-Pa., before seizing his phone, "in a stunning breach of constitutional separation of powers."¹⁶
When Windom was asked during his deposition how many other members of Congress were investigated as part of the Arctic Frost and Jack Smith investigations, he refused to answer.¹⁷
Same with questions about whether additional members were "swept up by a legal process" during these investigations.¹⁸
Bratt was even worse. He refused to answer whether the purpose of the classified documents investigation was to affect the outcome of the 2024 presidential election.¹⁹ He wouldn’t say whether the Mar-a-Lago raid was intended to capture political intelligence.²⁰ And he declined to explain who he met with during his three visits to the Biden-Harris White House or why he pressured defense counsel using promises of political patronage.²¹
DOJ watchdog already investigating Smith for prosecutorial misconduct
Jordan isn’t the only one who thinks Smith crossed the line.
The Department of Justice’s Office of Professional Responsibility confirmed in November 2024 that it had opened an inquiry into Smith’s conduct.²²
That’s the DOJ’s internal affairs unit – and they only investigate when there’s credible evidence of serious misconduct by prosecutors.
The fact that DOJ’s own ethics watchdog is investigating Smith should tell you everything you need to know about how badly he abused his authority.
"Your misdeeds were so flagrant that the Justice Department’s Office of Professional Responsibility confirmed to the Committee in November 2024 that it had opened an inquiry into the tactics of your office," Jordan wrote.²³
There’s more. An independent watchdog agency called the Office of Special Counsel – which has no affiliation with Smith’s office – opened its own investigation into whether Smith improperly engaged in political activities through his prosecutions against Trump.²⁴
That investigation was triggered after Republican Senator Tom Cotton claimed "Smith used his DOJ role to influence the election" in favor of Biden and Kamala Harris’ 2024 presidential campaigns.²⁵
Smith’s lawyers called these accusations "imaginary and unfounded" in a letter to investigators.²⁶
But if the allegations are so baseless, why did 145 combined invocations of the Fifth Amendment come from Smith’s own team when they were asked to explain their actions?
Trump Administration cleaning house after Arctic Frost revelations
The revelations about Arctic Frost are having immediate consequences.
FBI Director Kash Patel reviewed the allegations and dismantled CR-15, the Public Corruption Unit responsible for the investigation.²⁷ Patel also fired agents involved in what he called "the unacceptable privacy breach against Members of Congress."²⁸
"The American people deserve the truth, and under my leadership, they will have it," Patel said.²⁹ "We promised accountability for those who weaponized law enforcement, and we will deliver it."
That accountability is now coming for Jack Smith himself.
Jordan gave Smith until October 28 to schedule his testimony.³⁰ If Smith refuses to appear voluntarily, Jordan can – and likely will – subpoena him.³¹
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, is also ramping up pressure. Last week, 18 Senate Republicans led by Grassley demanded that the DOJ and FBI release all documents related to Smith’s decision to subpoena phone companies for the toll records of Republican lawmakers.³²
Rep. Jamie Raskin, D-Md., the ranking member of the House Judiciary Committee, welcomed Jordan’s letter in a statement dripping with sarcasm.³³
Raskin said Jordan’s demand for "all documents" related to Smith’s investigations means Jordan is finally calling for the release of Smith’s full report on the classified documents investigation – which the Trump Administration has kept from being made public.³⁴
Nice try. But Raskin knows exactly what Jordan is after – accountability for Smith’s team spying on Congress and conducting a politically motivated persecution of Trump.
Smith’s prosecutions were always about politics, not justice
Look at the pattern of Smith’s conduct throughout these investigations.
Legal experts across the political spectrum criticized Smith for releasing detailed evidence against Trump just weeks before the 2024 election.³⁵ CNN’s senior legal analyst Elie Honig called it a "cheap shot."³⁶ Harvard’s Jack Goldsmith said the timing was unnecessary and inappropriate.³⁷
Fox News legal expert Jonathan Turley noted that Smith’s evidence filing before the election was "entirely gratuitous" and violated longstanding Justice Department policy against actions that could influence elections.³⁸
Then there was Smith’s ham-fisted attempt to reframe his January 6 case after the Supreme Court ruled presidents have immunity for official acts.³⁹ Turley called it the legal version of "shrinkflation" – making cosmetic changes while keeping the same underlying charges.⁴⁰
"He simply swapped out references to official conduct and insisted that these were all personal acts," Turley explained.⁴¹ "The base allegations have not changed dramatically."
The evidence shows Smith was running a political operation disguised as a legal investigation.
He spied on Republican members of Congress. He pressured defense attorneys with promises of judgeships. He manipulated evidence. He timed his filings to inflict maximum political damage on Trump during the 2024 campaign.
And when Congress asked his top deputies to explain their actions, they took the Fifth 145 times combined rather than provide answers under oath.
That’s not what prosecutors do when they’ve followed the rules. That’s what prosecutors do when they know they broke the law.
Jordan’s letter makes clear that Smith can’t hide anymore. His deputies already pleaded the Fifth. The DOJ’s ethics office is investigating him. The FBI has fired agents involved in Arctic Frost and dismantled the unit responsible.
Now it’s Smith’s turn to face the music.
And after what his team did to Trump, to Republican lawmakers, and to the constitutional separation of powers, Jack Smith should be very worried about what Jordan’s committee has uncovered.
¹ Jim Jordan, "Letter to Jack Smith," House Judiciary Committee, October 14, 2025.
² Ibid.
³ Ibid.
⁴ Ibid.
⁵ Ibid.
⁶ Ibid.
⁷ Chuck Grassley, "Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation," Senate Judiciary Committee, October 6, 2025.
⁸ "Jack Smith tracked private communications, calls of nearly a dozen GOP senators during J6 probe," Fox News, October 6, 2025.
⁹ Ibid.
¹⁰ Jim Jordan, "Letter to Jack Smith," House Judiciary Committee, October 14, 2025.
¹¹ "FBI Reveals Evidence That Jack Smith Used ‘Arctic Frost’ to Spy on Congress," The Last Refuge, October 6, 2025.
¹² Chuck Grassley, "Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation," Senate Judiciary Committee, October 6, 2025.
¹³ Jim Jordan, "Letter to Jack Smith," House Judiciary Committee, October 14, 2025.
¹⁴ "Rep. Jordan Sends Letter Demanding Jack Smith Testify on ‘Weaponized’ DOJ," Newsmax, October 14, 2025.
¹⁵ "Chairman Jordan Launches Inquiry into Alleged Prosecutorial Abuses by Office of Special Counsel Jack Smith," House Judiciary Committee, September 27, 2024.
¹⁶ Jim Jordan, "Letter to Jack Smith," House Judiciary Committee, October 14, 2025.
¹⁷ Ibid.
¹⁸ Ibid.
¹⁹ Ibid.
²⁰ Ibid.
²¹ Ibid.
²² Ibid.
²³ Ibid.
²⁴ "Watchdog agency investigates ex-Trump prosecutor Jack Smith for alleged illegal political activity," PBS News, August 2, 2025.
²⁵ Ibid.
²⁶ "Former special counsel Jack Smith responds to federal investigation against him," CNN, August 26, 2025.
²⁷ "ICYMI: Grassley Oversight of Arctic Frost Yields Ongoing Results," Senate Judiciary Committee, October 11, 2025.
²⁸ Ibid.
²⁹ "Jack Smith tracked private communications, calls of nearly a dozen GOP senators during J6 probe," Fox News, October 6, 2025.
³⁰ "House Judiciary Chairman Jim Jordan calls on Jack Smith to testify over Trump investigations," ABC News, October 14, 2025.
³¹ "Jordan seeks Jack Smith testimony on Trump prosecutions investigation," Fox News, October 14, 2025.
³² "House Judiciary Committee demands Jack Smith testimony," Washington Examiner, October 14, 2025.
³³ "House Judiciary Chairman Jim Jordan calls on Jack Smith to testify over Trump investigations," ABC News, October 14, 2025.
³⁴ Ibid.
³⁵ "Jack Smith’s ‘irregular’ Trump case actions raise red flags," Newsweek, October 19, 2024.
³⁶ Ibid.
³⁷ Ibid.
³⁸ Ibid.
³⁹ Ibid.
⁴⁰ Ibid.
⁴¹ Ibid.
