Jack Smith secures judge approval to monitor Susie Wiles’s calls, including lawyers and lawmakers
Special Counsel Jack Smith won approval from two Obama‑appointed federal judges on Oct. 9, 2026 to place pen‑register and tap‑and‑trace devices on the phone of senior Trump aide Susie Wiles.
The orders, signed by U.S. District Judge Beryl Howell and U.S. District Judge James Boasberg, allow Smith’s team to collect metadata—numbers dialed, call times and durations—without capturing call content. While the applications focused on Wiles’s role running the SAVE America PAC, the data later revealed contacts with at least 21 defense lawyers, several members of Congress and multiple journalists.
Neither judge was told that the surveillance would extend to attorneys representing former President Donald Trump. The written requests make no mention of tracking lawyers, a omission that has spurred criticism from legal experts who argue that the practice may infringe the Sixth Amendment right to counsel and the attorney‑client privilege.
"If they were going after lawyers, lawyers who have a Sixth Amendment obligation to defend their clients, and withholding that information from the courts, that can raise serious not only legal issues but ethical issues as well," Harvard law professor emeritus Alan Dershowitz said.
Judge Howell, appointed by President Barack Obama, has a long record of rulings adverse to Trump, including striking down an executive order targeting the law firm Perkins Coie and piercing attorney‑client privilege in a separate case. Judge Boasberg, also an Obama appointee, has repeatedly condemned Trump administration actions and led the Foreign Intelligence Surveillance Court.
Members of the House Judiciary Committee argue that the dragnet also violated the Constitution’s speech‑and‑debate clause, which protects congressional communications. Senator Marsha Blackburn, whose own records were captured, has filed a lawsuit alleging a breach of her constitutional rights.
Smith maintains that his actions were proper and politically neutral, testifying that the investigation focused solely on potential mishandling of classified documents. The White House Government Transparency Task Force released the court filings, prompting calls from lawmakers for further oversight and potential reforms to the federal judiciary.
Legal challenges are pending, and the controversy is likely to shape debates over government surveillance, attorney‑client privilege and the balance of power between the executive branch and the courts.
