Newly Uncovered Docs Blow Up Jack Smith's Story About How His Investigation Into Trump Began
Newly released documents show that former Special Counsel Jack Smith’s case against President Donald Trump over alleged mishandling of classified documents did not originate from a criminal referral by the National Archives, as he claimed in court documents.
The Daily Caller reported, “The documents reveal the National Archives’ internal watchdog did not consider its February 2022 message to the Justice Department (DOJ) about Trump’s possession of classified documents a criminal referral.”
“The National Archives and Records Administration (NARA) Office of Inspector General (OIG) case report from February 2022, obtained by Senate Judiciary Committee Chairman Chuck Grassley, notes that its message to the Justice Department was a referral, but not a criminal referral.”
Smith claimed in a May 2024 court filing that the investigation was “[p]rompted by NARA’s discovery of classified documents in the 15 boxes in January 2022 and a criminal referral from NARA in February 2022.”
However, “The OIG determined that this matter and the other relevant matters be classified as -R (referral to DOJ for their assessment and guidance, not the same as a criminal referral for prosecution which is only done for criminal investigations),” the Daily Caller said.
In fact, messages show the FBI treated the referral as a “spillage” issue with “little likelihood of being pursued as a criminal matter,” the news outlet added.
“Here is the official PIN response to us after we had that meeting with them last week which we briefed you on. FBI and AUSA Jay Bratt (DOJ-NSD) are handling matter 1 and according to the FBI (who I spoke to last late last week) matter 1 is being handled as a ‘spillage’ which sounded like there is little likelihood of being pursued as a criminal matter,” a NARA official wrote to the DOJ in February 2022 about Trump’s possession of classified documents.
The Daily Caller’s Reagan Reese posted images of the email exchange on social media Tuesday.
NEW: Jack Smith told the court that the Trump classified documents probe was prompted by “a criminal referral from NARA.”
However, the National Archives and Records Administration OIG considered it to be “not the same as a criminal referral for prosecution,” contradicting how… pic.twitter.com/FO9BLieAP3
— Reagan Reese (@reaganreese_) September 29, 2026
In November 2024, after Trump was re-elected president, Smith formally dropped charges against him in both the classified documents case, brought in Florida, and the 2020 election interference case, filed in Washington, D.C.
Trump responded at the time, posting on social media, “These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought.”
“Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME. Nothing like this has ever happened in our Country before,” he added.
These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME. Nothing like…
— Donald J. Trump (@realDonaldTrump) November 25, 2024
Smith wrote in his motion to dismiss the election interference case, “The Government’s position on the merits of the defendant’s prosecution has not changed. But the circumstances have: as a result of the election held on November 5, 2024, the defendant will be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.”
Smith’s office explained that in light of the long-held position of the Justice Department that a sitting president cannot be prosecuted, the charges must be dropped.
Classified documents released in December 2025, after Trump took office, showed that FBI officials did not believe they had probable cause to conduct the 2022 raid of Trump’s Mar-a-Lago home in Florida in the alleged mishandling of classified documents investigation, but the Biden Justice Department pushed for it anyway.
Received shocking new docs 2day from DOJ & FBI showing FBI DID NOT BELIEVE IT HAD PROBABLE CAUSE to raid Pres Trump’s Mar-a-Lago home but Biden DOJ pushed for it anyway
Based on the records Mar-a-Lago raid was a miscarriage of justice
Read for urself: https://t.co/qbJNT0tcRE pic.twitter.com/ljWdjndhHE
— Chuck Grassley (@ChuckGrassley) December 16, 2025
Senate Judiciary Chairman Chuck Grassley described the raid as a “miscarriage of justice.”
Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.
Truth and Accuracy
We are committed to truth and accuracy in all of our journalism. Read our editorial standards.
