New internal emails reveal Jack Smith’s office mishandled privileged material during the investigation into President Trump.
Jack Smith’s prosecutors admitted that investigators who should have never seen the privileged material had access to the records.
“Folks – the filter team should not have recently released certain [redacted] search warrant materials to the substantive side,” the January 2023 e-mail read.
The Oversight Project released a new tranche of internal emails from Special Counsel Jack Smith’s office that were obtained through a FOIA lawsuit.
Smith’s prosecutors admit that privileged material reached investigators who should have never seen it. The emails show they repeatedly discussed deleting records.
— Oversight Project (@ItsYourGov) October 22, 2026
The Oversight Project reported:
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.
Jack Smith previously claimed under oath that his office “followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law.”
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These are the same records Smith swore to the Senate Judiciary Committee were handled by the book.
When asked about his office following filter team protocols, Smith unequivocally stated that his office “followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law.”
— Oversight Project (@ItsYourGov) October 22, 2026
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