Oversight Project Releases New Records from Jack Smith’s Office, Contradicting Sworn Senate Testimony
FOR IMMEDIATE RELEASE
October 22, 2026
Washington, D.C.–Today, the Oversight Project released a new tranche of internal emails from Special Counsel Jack Smith’s office. We obtained them through our FOIA lawsuit, Oversight Project v. DOJ, No. 25-cv-220 (D.D.C.). In their own words, Smith’s prosecutors admit that privileged material reached investigators who should have never seen it. The emails show they repeatedly discussed deleting records. These are the same records Smith swore to the Senate Judiciary Committee were handled by the book.
On September 29, 2026, after the Oversight Project released 844 pages of DOJ records on Smith’s office. Smith then testified under oath before the Senate Judiciary Committee when asked about whether his office followed filter team protocols, he unequivocally stated that his office “followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law.” When asked about following the Federal Records Act, he stated that he “sought at all times to comply with the Federal Records Act.” Chairman Grassley asked him what direction he gave his staff on privileged material, and Smith described no safeguard.
Filter Teams and the Federal Records Act
When prosecutors seize material that is likely to include privileged communications, the Justice Manual (§ 9-13.420) says a “filter team” should be designated, made up of “agents and lawyers not involved in the underlying investigation.” Attorney-client privilege and the Sixth Amendment right to counsel let people speak candidly with their lawyers, so prosecutors who see privileged material compromise a target’s defense even if they never use it, and deleting the file afterward can’t erase what was learned. Filter teams act as a layer of protection for investigation targets to ensure that they maintain constitutional protections while under investigation.
The Federal Records Act (44 U.S.C. chapters 21, 29, 31 and 33) requires every federal agency to create and preserve records documenting its work, including emails and electronic files. Agencies may dispose of records only under schedules approved by the National Archives (NARA). It also requires agency heads to notify the Archivist of any unlawful removal or destruction and to seek its recovery, and anyone who willfully destroys federal records can face criminal penalties under 18 U.S.C. § 2071.
NEW Documents Raise Questions About Smith’s Testimony
On January 11, 2023, Senior Assistant Special Counsel Thomas Windom wrote in an email, “the filter team should not have recently released certain [redacted] search warrant materials to the substantive side” (p. 63). On May 24, 2023, an attorney-client communication “was inadvertently disclosed to the Investigation Team” (p.50). On August 9, 2023, on an unfiltered phone, a senior prosecutor wrote, “SCO should not have it…I clicked on the link and opened two documents (p. 22). The records document at least six filter breaches between December 2022 and August 2023. Smith’s office and the FBI repeatedly discussed deleting records from their system.
These new documents appear to contradict Smith’s blanket assurances to the Senate Judiciary Committee–given under oath–that his team complied with the Federal Records Act and Justice Department filter team protocols. The Oversight Project will continue litigating to force the release of every record from Smith’s office.
Oversight Project Strategic Counsel Marshall Yates gave this statement:
“Jack Smith’s abuse of power knew no limits — not the Constitution, not his own office’s rules, and not the truth. Smith sat before the Senate Judiciary Committee under oath and told the American people his office followed the rules. Senators Grassley and Johnson were right to sound the alarm. These records detail that Jack Smith’s team consistently failed to follow filter team protocols and may have taken steps to destroy records to avoid FOIA. “
Oversight Project Vice President for Litigation Jeff Clark gave this statement:
“Jack Smith’s entire operation was a disaster for the Republic and its Constitution. His team didn’t just tiptoe through constitutional tulips, they ran a threshing machine through it. I have long known he was trashing filter team protocols to look at my own attorney-client privileged and other privileged materials. Stay tuned for more revelations from me about that coming soon. Indeed, the materials already released are so heavily redacted, it’s possible one or more of the emails refer to disclosures of my privileged materials.”
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You can find the documents in our DocDepot here.
