Washington Examiner chief political correspondent Byron York suggested the surveillance of 10 Republican senators was another “novel” tactic of former special counsel Jack Smith.

“If you just look at the specific indictments of Trump that Jack Smith engaged in, which was the [Jan. 6] indictment and the documents indictment, every story about this said, ‘Well, you know this is a novel interpretation of the law or these are novel charges that have never been tested before in court,’” York said Tuesday on The Hugh Hewitt Show. “I mean, Jack Smith was just either making things up or stretching the law beyond, you know, its breaking point.

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“So, to see this, I have to tell you, it is a huge deal, but I am not super surprised by this.”

In 2023, Smith tracked the phones of Sens. Lindsey Graham (R-SC), Josh Hawley (R-MO), Marsha Blackburn (R-TN), Ron Johnson (R-WI), Bill Hagerty (R-TN), Dan Sullivan (R-AK), Cynthia Lummis (R-WY), Tommy Tuberville (R-AL), Eric Schmitt (R-MO), Ashley Moody (R-FL), and Rep. Mike Kelly (R-PA). At the time, Schmitt and Moody were a part of the Republican Attorneys General Association, which was also under surveillance by Smith.

According to Hawley, Smith was also able to track the locations of several senators under an FBI operation known as Arctic Frost. Smith’s ​​Jan. 6 case against Trump was dismissed after Trump’s second election last year.

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“People are appalled,” York said. “The only question there ever is in the first stages of this is how far did this go? Did they tap these senators? And the thing is that when you look, you often find more.”

FBI Director Kash Patel announced Tuesday that the agents involved in Operation Arctic Frost were fired for “weaponizing law enforcement against the American people.” It is not known how many agents were a part of the operation.