After the revelations that Special Counsel Jack Smith authorized the FBI to surveil the private phone communications of nearly a dozen Republican senators, it now comes out that Smith’s operation was aimed at virtually the entire conservative and Republican infrastructure.
New whistleblower-sourced records, released by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), reveal that Smith’s abuses ran far deeper than previously understood. The Arctic Frost probe didn’t stop at senators—it targeted a staggering 156 conservatives and conservative organizations across the nation. This included collecting personal cellular phone data, conducting dozens of interviews, and issuing 197 subpoenas to 34 individuals and 163 businesses, all at taxpayer expense. The dragnet ensnared state Republican party chairs, lawmakers, attorneys, so-called “fake electors,” and individuals involved in election integrity efforts. High-profile targets included Trump campaign staffers, former White House advisor Stephen Miller, and White House Deputy Chief of Staff Dan Scavino.
Building on earlier documents, these revelations confirm that the Biden administration, through Smith’s direction, targeted 92 prominent conservative groups. Among them: the Republican National Committee (RNC), the Republican Attorneys General Association, the America First Policy Institute, and Turning Point USA—the organization once led by the late Charlie Kirk. This wasn’t a targeted inquiry into specific crimes; as Grassley described it, “Arctic Frost was the vehicle by which FBI agents and DOJ prosecutors could improperly investigate the entire Republican political apparatus.”
Sen. Ron Johnson called it “nothing short of a Biden administration enemies list” and “far worse, orders of magnitude worse” than Watergate. “People need to realize how politicized the Biden administration turned all these agencies,” he said. “It’s outrageous, it should shock every American…we need to get to the bottom of this…so that this doesn’t happen again in America.”
From the outset, NLPC has maintained that Attorney General Merrick Garland’s appointment of Smith bypassed the Senate confirmation required by the Appointments Clause (Article II, Section 2), rendering his actions illegitimate. Judge Aileen Cannon affirmed this in July 2024 by dismissing the classified documents case against Trump on precisely these grounds. We had previously litigated the question in the Robert Mueller case.
The Founders included the Appointments Clause for a reason: to safeguard against rogue prosecutors like Jack Smith, who operate without accountability, turning the Justice Department into a tool for partisan vendettas.
By requiring Senate advice and consent for principal officers, the Constitution ensures that those wielding prosecutorial power are vetted for impartiality and loyalty to the rule of law—not to a political agenda. Without this check, unelected activists can launch sweeping surveillance on elected officials, conservative groups, and everyday Americans, eroding the very foundations of our republic. Smith’s saga—from subpoenaing journalists and tech companies to raiding allies like Rudy Giuliani and indicting aides like Jeff Clark—exemplifies this threat.
NLPC calls for immediate congressional investigations into Smith’s misconduct, including potential prosecutions for abuse of power. The American people deserve transparency and accountability to prevent future weaponization of federal agencies. As we’ve said before, this isn’t just about Trump—it’s about preserving fair elections and constitutional governance for all.
Paul Kamenar, NLPC Counsel: “Jack Smith’s unlawful surveillance of Republicans and conservative groups is a chilling escalation that demands justice. The Appointments Clause exists to stop exactly this kind of rogue behavior.”
Peter Flaherty, NLPC Chairman: “Jack Smith’s attempt to conduct lawfare against one of our nation’s two political parties was something more than overreach or enforcing double standards. It was nothing short of a soft coup, using legal means. His goal was obvious, to institute one-party rule, and thereby destroy of democracy in the process.”
