Opinion

JONATHAN TURLEY: Jack Smith’s secret surveillance of Patel and Wiles should alarm us all

On its face, these orders appear consistent with the earlier allegedly abusive demands. Smith had virtually no basis for targeting Republican members and Trump allies

By Jonathan Turley Fox News

Published February 26, 2026 3:50pm EST | Updated February 26, 2026 3:54pm EST

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Jack Smith subpoenaed Kash Patel and Susie Wiles' phone records

Law professor Jonathan Turley weighs in on newly revealed secret subpoenas for FBI director, WH chief of staff while private citizens.

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Former Special Counsel Jack Smith has long operated under the Irish poet, playwright and novelist Oscar Wilde’s rule that "the only way to get rid of a temptation is to yield to it."

Over the last few months, the public has learned of a wide array of secret orders targeting members of Congress, Trump allies and others. Now, the Trump administration has learned that FBI Director Kash Patel and White House Chief of Staff Susie Wiles were also targeted by Smith in 2022 and 2023 when they were private citizens.

Smith was a controversial choice as special counsel because of his history of aggressive legal arguments and tactics, including his unanimous loss before the Supreme Court in the case that overturned the conviction of former Virginia Gov. Robert McDonnell.

His tendency to stretch the law to the breaking point also did not play well with juries in high-profile cases, including his case against former North Carolina Sen. John Edwards, who was accused of using campaign funds to hide an extramarital affair. That case ended in an acquittal.

Despite such criticisms, Smith immediately returned to his past pattern of tossing aside any restraint or caution. Even Democrats earlier this year expressed objections to his targeting of Republican members of Congress, including........

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