WASHINGTON—Montana Sen. Tim Sheehy is calling for greater congressional scrutiny of former special counsel Jack Smith as lawmakers consider changes to the rules governing secret government demands for private records.
Sheehy’s comments follow disclosures from the Senate Judiciary Committee’s investigation of Arctic Frost, the federal inquiry that ultimately became part of Smith’s investigation of President Donald Trump and efforts surrounding the 2020 election.
The Montana Republican said the scope of the investigation raises questions about the Justice Department’s treatment of members of Congress and other individuals whose records were collected.
“Jack Smith weaponized our justice system, trampled constitutional guardrails, and dragged members of Congress into his partisan fishing expedition,” Sheehy said. He said Smith should be required to explain his actions and testimony to Congress.
The issue has increasingly moved beyond oversight hearings and into a debate over federal investigative powers.
Senate investigators have said Smith’s team obtained communications involving dozens of members of Congress while examining activity connected to the 2020 election. The disclosures have prompted lawmakers to take a closer look at nondisclosure orders, which can prevent companies from informing customers that the government has requested information about their accounts.
A bipartisan proposal before Congress would make those orders more difficult to obtain and place additional limits on how long they can remain in effect. The proposal would also require judges to make more detailed findings before approving secrecy requirements.
The House has already approved legislation addressing nondisclosure orders, while senators from both parties have introduced a companion effort.
Senate Judiciary Committee Chairman Chuck Grassley has led much of the congressional examination of Arctic Frost and has said lawmakers should consider changes that protect individual privacy without preventing legitimate law-enforcement investigations.
Republican senators have also focused on whether investigators adequately protected constitutional privileges involving lawmakers whose communications became part of the investigation.
Sheehy said the episode reflects a broader need for safeguards governing how federal investigative powers are used in politically sensitive cases.
“The American people are sick of a two-tiered justice system where unelected bureaucrats target political opponents without consequence,” Sheehy said.
The debate is expected to continue as Congress weighs legislation governing nondisclosure orders and reviews Smith’s handling of the investigation.