Freshly released Justice Department records are raising new questions about how former Special Counsel Jack Smith’s office handled classified information while aggressively pursuing criminal cases against President Donald Trump over similar allegations.
The internal communications, released Wednesday by Sen. Chuck Grassley, describe several reported security incidents involving classified material. Grassley argues the records point to a troubling “double standard” in the way the Justice Department handled sensitive information during the Biden administration.
The allegations have reignited debate over whether federal officials followed the same standards they expected Trump to meet in the now-dismissed classified documents case.
Newly Released Records Detail Security Concerns
According to Grassley’s office, internal messages from July 2023 suggest members of Jack Smith’s team may have granted individuals access to classified information without first confirming they had a legitimate “need to know.”
Additional communications from October 2023 reportedly referenced a classified letter that had been left unsecured. Another message dated April 19, 2024, stated that a Sensitive Compartmented Information Facility (SCIF)—a highly secure location used to review classified intelligence—had been left unlocked because “no one closed it the day before.”
Carli Rodriguez-Feo, a longtime Justice Department official with experience in the agency’s Litigation Security Group, reportedly described the incident as a serious security matter requiring additional details.
The released records also appear to indicate that Stephanie Van Buskirk, an assistant working under Smith, may have been involved in one of the reported security incidents. The documents do not indicate whether disciplinary action was taken or whether a formal internal investigation followed.
Questions Surround Jack Smith’s Prosecutions
The records do not specify whether the reported incidents involved prosecutors working on Trump’s classified documents case centered on records stored at Mar-a-Lago or the separate federal case involving the 2020 presidential election.
Smith brought two federal criminal prosecutions against Trump during 2023. One focused on the handling of classified documents after Trump left office, while the second involved allegations related to the 2020 election.
Neither case ultimately went to trial.
A federal judge in South Florida dismissed the classified documents case after ruling that Smith’s appointment as special counsel violated the Constitution because he had not been confirmed by Congress. Following Trump’s victory in the 2024 presidential election, Smith later moved to dismiss the election case before Trump returned to the White House in January 2025.
Grassley Alleges a Double Standard
Grassley released the communications in a letter sent to Acting Attorney General Todd Blanche, arguing that the records raise serious concerns about how the Justice Department enforced rules governing classified information.
“Talk about the pot calling the kettle black,” Grassley said in a statement, arguing that officials working under Smith may have engaged in conduct similar to the allegations used to prosecute Trump.
The senator also pointed to previous classified information investigations involving Hillary Clinton and Joe Biden.
Clinton was not charged following the FBI investigation into her use of a private email server while serving as secretary of state. Likewise, Biden was not prosecuted after classified documents were discovered at his Delaware residence and former Washington office.
Grassley also pointed to former Special Counsel Robert Hur, whose report stated that a jury might see Biden as a “sympathetic, well-meaning elderly man with a poor memory,” a factor cited in explaining the decision not to pursue criminal charges.
According to Grassley, the newly released communications reinforce concerns that different standards were applied depending on who was under investigation.
Justice Department Faces New Questions
In his letter, Grassley asked Blanche to provide additional information about the reported incidents, including who was involved, whether internal investigations were conducted, whether anyone faced disciplinary action, and whether the federal court overseeing Trump’s cases was informed about any of the alleged security violations.
As of Wednesday, the Justice Department had not publicly responded to Grassley’s requests.
The newly released records are likely to add to ongoing political debate over the Justice Department’s handling of high-profile investigations and whether equal standards were applied across multiple classified document cases involving prominent public officials.
While the records raise new questions, it remains unclear whether any of the reported security incidents resulted in violations that triggered formal disciplinary action or criminal investigations. Additional information from the Justice Department could provide greater clarity in the weeks ahead.