Newly obtained messages and internal slides indicate prosecutors working on the post-2020 investigation of Donald Trump did not follow standard taint-team procedures for privileged materials for more than a year; lawmakers plan to press Jack Smith about the lapse.
A presentation in the document cache indicates a formal filter team was not coded into the case until June 17, 2022, and more than 50 DOJ and FBI personnel later participated.
Whistleblower materials provided to Senator Chuck Grassley include email threads that contrast the ad hoc early practice with standard DOJ caution — including plans allowing up to 60 days for a full privileged-material scrub.
Senators on the Judiciary Committee intend to question Jack Smith about why the special counsel office did not ensure filter protocols were adopted and applied earlier.
# What the documents say
Records obtained by Senator Chuck Grassley and published exclusively by The Federalist include text messages, emails, and a slide deck tied to the post-2020 Arctic Frost investigation. The materials show that, in February 2021, at least two prosecutors who later worked under Special Counsel Jack Smith acknowledged ignoring the Justice Departments written guidance for handling potentially privileged materials.
One exchange quotes prosecutor Molly Gaston telling a colleague, "I ignored the written description of filtering the other night." Her colleague J.P. Cooney answered, "Me too." Those messages are the core evidence cited to argue the office initially operated without standard taint-team protocols.
# How DOJ filter rules normally work
The documents provided to The Federalist include email threads showing that other DOJ and FBI personnel treated taint teams as essential. Those threads discuss making additional agents available if a filter team was necessary, warn investigators not to discuss filter matters, and describe redoing privileged-material scrubs that can take weeks or months.
# Timeline and scope in the released materials
The gap between the February 2021 texts and the June 2022 coding suggests ad hoc filtering practices persisted well into the investigations later stages, according to The Federalists reporting.
# Internal contrast the documents reveal
Another exchange involving the agent who opened the Arctic Frost probe, Tim Thibault, references plans the Washington Field Office had for evidence handling and contingency staffing "should a filter team be necessary." Those emails are presented as evidence that some DOJ personnel recognized the need for strict filter procedures even while others operated ad hoc.
# Political and oversight context
Senate Republicans, led by Senator Grassley, provided these documents to The Federalist ahead of Jack Smith's appearance before the Senate Judiciary Committee. The Federalist argues Smith should explain why his office did not ensure proper filter protocols were established and consistently applied when the investigation began.
# What to watch next
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'The Federalist has fearlessly exposed Deep State corruption and DOJ lies and lawfare. Spying on us was apparently part of Jack Smith’s plot to get revenge against us.'
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