Who is Jack Smith? Biden DOJ prosecutor behind Trump indictment, now accused of tapping GOP senators' calls

Former Special Counsel Jack Smith (Courtesy: Reuters)

Jack Smith, who served as Special Counsel in the U.S. Department of Justice during President Joe Biden’s administration, is back in the spotlight after the FBI claimed he had authorized surveillance of phone records belonging to several Republican lawmakers. The development, reported by Fox News, stems from Smith’s investigation into the January 6, 2021, Capitol Hill riots.

According to Fox News, FBI Director Kash Patel alleged that Smith and his team had accessed the private communications of at least eight Republican Senators. Smith and his team surveilled the phone calls of GOP Senators, Patel told Fox News, adding that a document dated September 27, 2023, supported this claim. The record shared with Fox News indicated that Smith’s team was cleared to examine limited phone data under an operation called Arctic Frost.

The document listed the names of those whose communications were analyzed: Senators Bill Hagerty, Cynthia Lummis, Dan Sullivan, Josh Hawley, Lindsey Graham, Marsha Blackburn, Ron Johnson, Tommy Tuberville, and Representative Mike Kelly.

Smith’s tenure as Special Counsel began in November 2022 when then-Attorney General Merrick Garland appointed him to oversee independent investigations into former President Donald Trump. These inquiries covered two major cases -- one related to classified documents and the other concerning alleged attempts to overturn the 2020 election results.

As per Fox News, the investigations were extensive, involving around twenty Department of Justice prosecutors and multiple grand jury testimonies, subpoenas, and even a motion to hold Trump in contempt for non-compliance.

Over time, Smith became a central figure in the political clash between Trump and the Biden administration. His probe eventually led to Trump’s indictment, making him, in the eyes of many observers, one of Trump’s prominent legal adversaries.

However, the momentum of those cases shifted dramatically after Trump was re-elected President in November 2024. Following his return to office, the pending charges were dropped, in line with Department of Justice policy that prohibits prosecuting a sitting president.

On January 7, 2025, just days before Trump’s inauguration, Smith resigned from his post as Special Counsel. Since then, reports say he has kept a low profile while under scrutiny from the new administration.

Smith, along with his wife, filmmaker Katy Chevigny, had relocated from the Netherlands to Washington, D.C., in 2022 after his appointment. Following his resignation, the couple reportedly left the capital. It is reported that Smith sold a property he owned in Nashville, Tennessee, in August 2023, though his current location remains unconfirmed.

The FBI’s recent revelations linking Smith to the Arctic Frost surveillance have once again brought his name into controversy. Patel told Fox News, “We promised accountability for those who weaponized law enforcement, and we will deliver it.”