EXCLUSIVE: Sen. Tim Sheehy adds to growing calls for accountability and reform ahead of Jack Smith testimony

Sen. Tim Sheehy (R., Mont.) is adding his voice to the growing Republican push for accountability and reforms following revelations about former special counsel Jack Smith’s Arctic Frost investigation, just one day before Smith is set to testify before the Senate Judiciary Committee.

“Jack Smith weaponized our justice system, trampled constitutional guardrails, and dragged members of Congress into his partisan fishing expedition – and now he must answer serious questions about what he told Congress under oath,” Sheehy told the Washington Reporter in an exclusive statement.

“The American people are sick of a two-tiered justice system where unelected bureaucrats target political opponents without consequence, and it’s time for Jack Smith to answer for what happened on his watch.”

Sheehy’s comments add to mounting pressure from Republican senators for Congress to respond to the tactics exposed by Arctic Frost, including through reforms to the government’s use of nondisclosure orders, or NDOs.

Smith will appear before the Senate Judiciary Committee Tuesday morning for a highly anticipated hearing focused on his conduct and the targeting of Republicans. The committee lists Smith as the witness for the Sept. 29 hearing.

The hearing comes after months of revelations about the extraordinary scope of Arctic Frost. Senate Judiciary Committee Chairman Chuck Grassley’s (R., Iowa) investigation found that Smith’s team obtained records involving members of Congress and that investigators obtained and reviewed text messages from 44 members of Congress.

The Reporter has extensively covered the growing push to turn those revelations into legislative action.

Earlier this month, the House unanimously passed the bipartisan NDO Fairness Act, which would strengthen the standards prosecutors must meet to obtain secrecy orders, require written judicial findings and generally limit NDOs to 90 days. 

Sen. Mike Lee (R., Utah), the lead Republican sponsor of the Senate legislation, subsequently told the Reporter that the Senate needs to follow the House’s lead.

“The 4th Amendment protects private communications, but political government spying can too easily hide behind an NDO and escape accountability,” Lee said. “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 reform effort bipartisan backing. The legislation would raise the government’s burden for obtaining an NDO, require orders to be narrowly tailored and strengthen judicial review.

Grassley, who has led the congressional investigation into Arctic Frost, has also opened the door to legislative reform.

“Congress should thoughtfully consider solutions to prevent the weaponization of nondisclosure orders, while preserving law enforcement’s ability to protect American communities,” Grassley recently told the Reporter. 

Republican senators including Marsha Blackburn (Tenn.), Katie Britt (Ala.), Rick Scott (Fla.) and Eric Schmitt (Mo.) have publicly raised concerns about Arctic Frost and the need for safeguards or reforms designed to prevent similar government surveillance abuses. Blackburn has specifically said the Judiciary Committee is working on NDO reform, including the NDO Fairness Act, while Britt has questioned Smith’s use of the secrecy orders.

The legislative push also has significant public support.

An exclusive GrayHouse national poll released by the Reporter last week found voters support Senate passage of the NDO Fairness Act by more than 2-to-1, 49% to 22%. Support included 58% of Republicans, 50% of independents and 43% of Democrats.