EXCLUSIVE — Congress is weighing bipartisan legislation to curb secret federal subpoenas as former special counsel Jack Smith has become increasingly outspoken in attacking the Trump administration’s Justice Department, renewing scrutiny of the investigative tactics Smith used during his infamous “Arctic Frost” investigation.The push behind the bill, known as the nondisclosure order or “NDO Fairness Act,” has accelerated in recent weeks as Smith publicly accuses President Donald Trump‘s DOJ of corruption and political weaponization. Republicans have responded by reminding the country of what occurred during the Arctic Frost investigation, in which Smith quietly obtained phone records from GOP lawmakers and conservatives through nondisclosure orders that prevented targets from learning their data had been seized.Sen. Mike Lee (R-UT), who is leading the Senate version of the legislation, told the Washington Examiner that the bill is intended to stop politically motivated surveillance from being concealed behind secrecy orders.
“The deep state should not be able to cover up politically motivated spying against law-abiding Americans — unfortunately, nondisclosure orders have been used to do exactly that,” Lee said. “The NDO Fairness Act bolsters protections for your digital property under the 4th Amendment and establishes a review system to ensure that NDOs aren’t abused.”
