Emails reveal multiple breaches of attorney-client filters by Jack Smith's team
Internal emails obtained by The Oversight Project show that Jack Smith's investigators accessed privileged material at least six times, contradicting his Senate testimony that the filter team always protected such communications.
Emails obtained under federal open-records laws show that the Special Counsel’s office failed to keep attorney-client privileged material out of investigators’ hands on at least six occasions from late 2022 through mid-2023. The correspondence includes requests to search Outlook accounts for a document titled SM_MAL-0021793 and instructions to remove any privileged files found. Internal staff debated whether to delete the email chain, noting FOIA concerns.
Jack Smith testified to the Senate Judiciary Committee that his team always adhered to filter-team rules, a claim now contradicted by the records. Legal analysts argue the breaches could infringe constitutional rights and may prompt further investigations, including a criminal referral by House Judiciary Chairman Jim Jordan and a lawsuit filed by Senator Marsha Blackburn. The revelations add to ongoing scrutiny of the Special Counsel’s handling of privileged communications in the Trump-related probes.
Why it matters
The emails suggest possible violations of attorney-client privilege, raising questions about the legality of the Special Counsel's investigation.
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