EDITORIAL: The Senate has the chance to ensure Arctic Frost never happens again by passing NDO reform

Arctic Frost stands as one of the most shocking abuses of lawfare in American history. Former special counsel Jack Smith sought 197 subpoenas accompanied by non-disclosure orders (NDOs), secretly targeting over 400 Republicans, including sitting members of Congress. The scope was breathtaking: FBI Director Kash Patel, White House Chief of Staff Susie Wiles, Sen. Ted Cruz (R., Texas), and eight other senators found themselves surveilled without their knowledge.

Perhaps even more alarming, Jack Smith went after nearly the entire conservative infrastructure. He secretly seized the records of conservative-leaning groups like the Conservative Partnership Institute (CPI), FoxNews, and NewsMax. To Smith and the far left, the January 6th investigation was a chance to keep Republicans out of power for the long-term. 

But thankfully, conservative leaders have been fighting back. Sen. Mike Lee (R., Utah) has led the charge to make sure that this type of lawfare can never happen again. Sen. Lee has long been a champion of protecting Americans from government overreach. And now, his legislation–the NDO Fairness Act–provides the perfect legislative solution. 

This bill would require courts to meet standards before issuing gag orders and limit their duration to prevent indefinite surveillance secrecy. Lee has shown exemplary leadership on this critical constitutional issue. 

Sen. Eric Schmitt (R., Mo.) has also led on the issue of stopping liberal lawfare, and he captured the gravity perfectly, calling Arctic Frost an attempt to “create this massive nationwide show trial where people got caught up and criminally prosecuted for their political views” and pointing out that Jack Smith “really the villain” in this saga. Sen. Tom Cotton (R., Ark.) was equally direct, calling Smith “a deranged fanatic” whose actions represented “election interference.”

Tomorrow’s Senate Judiciary Subcommittee hearing on Arctic Frost represents a pivotal opportunity to advance meaningful surveillance reform. We encourage Senators to ask the witnesses about the importance of reforming NDOs so this type of abuse can never happen again. 

The NDO Fairness Act is uniquely positioned to pass the Senate because it truly is bipartisan and the abuse of Arctic Frost is showing the urgency of fixing this so it can never happen again. 

The momentum is strong. The House Judiciary Committee has already passed the measure by voice vote. Sen. Rick Scott (R., Fla.), who experienced surveillance during Arctic Frost, told the Washington Reporter he backs the reforms, warning that this “weaponization of government is disgusting.” House and Senate leadership sources tell Breitbart that Arctic Frost “has finally given us the momentum needed to get NDO reform done” and that “the votes are there.”

Tomorrow’s hearing provides the perfect launching pad for Senate action on this vital reform. The opportunity to restore proper oversight and prevent future lawfare abuses is within reach.