Conservative critics have accused former special counsel Jack Smith of improper coordination with two federal judges during investigations into former President Donald Trump, following recently released documents from Senator Chuck Grassley (R-Iowa).
Briefing Notes Reveal Contact with Judges Howell and Boasberg
The documents, released on March 24, 2026, include briefing notes prepared by Smith’s team for Attorney General Merrick Garland shortly after Smith’s January 2023 appointment. These notes reference meetings with Judges Beryl Howell and James Boasberg—both Obama appointees who have previously ruled against Trump in high-profile cases.
Smith’s team described Howell as supportive of pursuing an omnibus executive privilege motion, which would consolidate multiple privilege claims into a single legal filing. The team listed numerous former Trump officials, including Mark Meadows and Ken Cuccinelli, as subjects of this motion. The notes also mentioned an upcoming meeting with Boasberg, who was scheduled to succeed Howell as chief judge in March 2023.
Political Reactions and Calls for Further Scrutiny
Senator Ted Cruz, who led a Senate Judiciary Committee hearing on the Trump cases the same day the documents were released, called Smith’s probe a “modern Watergate,” pointing to its broad scope and the collection of personal data from hundreds of Republican individuals and entities.
Mike Davis, founder of the conservative Article III Project, claimed on social media that the judges and Smith “illegally worked in secret” to bring charges against Trump. A Republican congressional investigator told Fox News Digital that the documented interactions between Smith’s team and the judges warrant additional review.
Legal Perspectives on Judge-Investigator Communications
Independent journalist Julie Kelly suggested the interactions indicated that the judges were aligned with the Biden Justice Department’s strategy. Conversely, federal prosecutor Bill Shipley, who has experience with Jan. 6 cases, characterized the briefing notes as routine updates to Garland. He confirmed that as chief judges, Howell and Boasberg routinely oversee grand jury matters, making such contact a procedural norm.
Shipley also noted Howell’s history of ruling against the Trump administration and suggested her favorable view of the omnibus motion could reflect a desire to resolve issues before stepping down as chief judge.
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