Sen. Lindsey Graham isn’t pulling punches anymore — and this time, the gloves are off when it comes to Special Counsel Jack Smith.
During a fiery interview on Fox News Channel’s Sunday Night in America, Graham made an explosive accusation: that Smith, in the course of his January 6 investigation, broke the law by obtaining the phone records of multiple sitting U.S. Senators — including Graham himself — without proper legal or constitutional justification. And according to Graham, this wasn’t just prosecutorial overreach. It was a direct assault on the separation of powers and the role of Congress itself.
“This is a really important moment in our constitutional democracy,” Graham told host Trey Gowdy. “They were trying to monitor who we called, where we were located, and how long we talked to them — while we were doing our jobs as United States Senators.”
The revelation? That in September 2023, more than 30 months after the Capitol riot, Smith’s office reportedly moved through the FBI to obtain metadata from the phone records of at least eight U.S. Senators, including Graham, who at the time was chairing the Senate Judiciary Committee and actively involved in deliberations surrounding the 2020 election certification process.
That’s not a casual oversight. It’s a potential constitutional crisis.
The idea that a member of the Executive Branch — even a Special Counsel — would attempt to monitor the communications of legislators engaged in their Article I duties is not just troubling. It could be flatly unconstitutional. Graham rightly pointed out the stakes: “This obliterates separation of powers.”
But Graham didn’t stop there. He laid out a clear and blistering narrative: that Smith’s investigation was politicized from the start, fast-tracked to coincide with Trump’s 2024 campaign announcement, and riddled with timing that suggests a deliberate effort to derail Trump’s political comeback.
“Within three days of Trump announcing… he was charged. Within eight months, 91 felony counts in four jurisdictions,” Graham said. “That’s not a coincidence. That’s a political operation masquerading as a legal one.”
The senator also resurfaced his longstanding criticisms of the DOJ and FBI’s prior abuses during the Trump-Russia investigation — referencing the Steele dossier, the FISA warrants on Carter Page, and former FBI Director James Comey’s evasive testimony. “We all know the Steele dossier was a piece of garbage,” Graham said. “But they used it anyway. And they knew it.”
Now, it’s Jack Smith in the crosshairs.
Graham vowed to pursue the matter through every legal avenue necessary — including lawsuits — to expose what he calls a “chilling moment” in American governance: a rogue special counsel, empowered by political motives, targeting members of Congress and weaponizing investigative powers to influence an election.
And it begs the question: Who approved it? Who knew? And who will be held accountable?
According to Graham, if there is no check on Smith’s conduct, it sets a dangerous precedent — not just for Trump, but for every member of Congress, every future administration, and every American who still believes in the basic guardrails of the Constitution.
