Former special counsel Jack Smith admitted that his team collected journalistic communications from a wide array of media organizations while prosecuting Donald Trump. During testimony before the Senate Judiciary Committee on Tuesday, it was revealed that a June 2 2023 subpoena targeted text messages from phones linked to Trump officials, affecting records from 15 agencies including Bloomberg, the Associated Press, and CNN. CEO Sean Davis of The Federalist called the move part of a "lawless anti-Trump witch hunt" and stated the publication is exploring legal options.

Smith testified that he possessed proof beyond a reasonable doubt that Trump engaged in a criminal scheme to overturn the 2020 election and vowed he would not be silenced by threats of jail from the president. The hearing featured hostile exchanges with Republicans, including Senator John Kennedy questioning Smith about his family and Senator Eric Schmitt attempting to prove Smith committed perjury over his attendance at a collegiate basketball game in Maryland.