EXCLUSIVE: Ahead of Jack Smith Senate hearing, poll shows NDO reform has more than 2-to-1 support

A new national poll finds Americans support legislation restricting the federal government’s ability to secretly obtain electronic records by more than 2-to-1 as the Senate prepares to question former special counsel Jack Smith over his Arctic Frost investigation.

The GrayHouse survey, taken on behalf of a non-profit associated with the Senate Republican Conference that tests messaging and policy issues for Republicans, found 49% of voters support Senate passage of the NDO Fairness Act, compared with just 22% who oppose it, a 27-point margin. Another 29% said they were unsure.

Support crosses party lines. Fifty-eight percent of Republicans support the legislation, along with 50% of independents and 43% of Democrats. Opposition stands at just 15% among Republicans, 21% among independents and 28% among Democrats.

The survey was taken between Sept 9-11 with 1,304 respondents and a margin of error of 2.7%.

The poll comes as Senate Judiciary Committee Chairman Chuck Grassley (R., Iowa) prepares to question Smith over Arctic Frost and as pressure builds on the Senate to take up the NDO Fairness Act.

Grassley, who has led the Senate investigation into Arctic Frost, recently told the Washington Reporter that Congress should consider reforms to prevent the “weaponization” of nondisclosure orders.

“When used properly, nondisclosure orders are an essential tool for federal, state and local law enforcement to catch child abusers, drug traffickers and other violent criminals. However, indefinite and unjustified nondisclosure orders can threaten Americans’ privacy,” Grassley told the Reporter.

“Jack Smith’s weaponized Arctic Frost investigation is a prime example: conservative organizations, private citizens and dozens of members of Congress had their personal records scooped up, while the federal government covered its tracks using nondisclosure orders,” Grassley added. “Congress should thoughtfully consider solutions to prevent the weaponization of nondisclosure orders, while preserving law enforcement’s ability to protect American communities.”

The House unanimously passed the NDO Fairness Act earlier this month. The legislation strengthens the standards prosecutors must meet when seeking nondisclosure orders, generally limits them to 90 days and requires judges to make written findings justifying the secrecy.

The push for reform has gained momentum following revelations about Smith’s Arctic Frost investigation. Grassley’s oversight has revealed that Smith’s team obtained records involving members of Congress, including text messages from 44 lawmakers.

Sen. Mike Lee (R., Utah), the lead Republican sponsor of the Senate legislation, also told the Reporter this month that the Senate should act following the unanimous House vote.

“The 4th Amendment protects private communications, but political government spying can too easily hide behind an NDO and escape accountability,” Lee said. “I’m proud to have introduced the NDO Fairness Act in the Senate to reform this unacceptable situation. The House has done its job, now it is time to do ours, and protect the privacy of law-abiding Americans everywhere.”

Lee introduced the Senate legislation with Sen. Chris Coons (D., Del.), giving the proposal bipartisan backing. The bill has been referred to the Senate Judiciary Committee.

The new GrayHouse poll shows support for Senate action exceeds opposition among every partisan group surveyed. Among Republicans, support leads opposition by 43 points. Among independents, the margin is 29 points. Even among Democrats, support leads by 15 points.

The results put fresh attention on NDO reform as Smith prepares to face questions from the same Senate committee now considering the legislation.