Senator Seeks FCC Investigation into Verizon

WASHINGTON — Senator Bill Hagerty (R-Tenn.) has requested the Federal Communications Commission (FCC) to look into Verizon for allegedly breaching federal law by sharing his phone records, along with those of other Republicans, with former special counsel Jack Smith.

On Monday, Hagerty filed consumer complaints against the telecommunications company and urged FCC Chairman Brendan Carr and Director of Consumer and Governmental Affairs Eduardo Bertolum to “hold Verizon accountable.”

A representative from Verizon did not respond immediately to a request for comment but had previously mentioned that a court order mandated the disclosure. The FBI has begun collecting phone records as part of the Arctic Frost investigation into the January 6, 2021, Capitol riot.

A whistleblower disclosed last year that around a dozen lawmakers had their cellphone metadata seized following secret subpoenas issued by Smith’s office after he took over the Arctic Frost investigation in 2023.

Hagerty, being one of those lawmakers, accused Verizon of violating the Communications Act, which obligates carriers to “take reasonable steps to detect and protect against attempts to gain unauthorized access to CPNI” (customer proprietary network information).

“Verizon handed over my personal phone records without a fight,” the Tennessee senator stated.

He expressed disappointment, saying, “I’ve been a customer for decades, and Verizon’s involvement in the witch hunt against President Trump and his supporters is a serious violation of trust.” Hagerty stressed, “If this can happen to a sitting senator, it can happen to any American. We need accountability.”

In May 2023, Smith and his team issued a grand jury subpoena for Verizon as part of the wider Arctic Frost investigation into activities that interfered with the 2020 elections, which ultimately resulted in President Trump’s indictment.

Verizon complied with the subpoena, while AT&T raised concerns regarding the legality of the request but did not follow up, whereas Verizon did respond.

A spokesman for Verizon explained, “The court ordered Verizon not to disclose any information about this matter. We had no choice but to comply with the court order.” The company later indicated it would inform lawmakers once the confidentiality order lapses.

Verizon stated, “Moving forward, we are instituting stricter procedures for subpoenas regarding Congress members, requiring these to be escalated to senior leadership before any information is released.”

At least one Republican member from Texas, Rep. Chip Roy, noted that AT&T records were also handed over.

A federal judge had previously signed a confidentiality order on the subpoenas, keeping the details hidden for over a year. The phone records were only uncovered months ago due to a whistleblower alerting Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa).

In addition to Hagerty, multiple other Republican senators and representatives had their Verizon logs subpoenaed as well.

Recently, Senate Republicans pushed for a provision in their essential spending bill that would enable them to sue the Justice Department for up to $500,000 if their cellphone metadata is compromised again without notice. This provision was removed in the House.

Hagerty criticized Verizon for not acknowledging its wrongdoing, saying, “That’s why I’m pleased to lead the charge to hold Verizon accountable.” He pointed out that the company’s CEO, a former staffer of Henry Waxman, ignored his previous inquiries, adding a hopeful note about FCC involvement.

Grassley described Smith’s actions as a “fishing expedition” aimed at investigating the entire Republican political system.

According to whistleblower information, Smith’s office issued a staggering 197 subpoenas targeting around 430 Republican-aligned individuals and organizations.

Some congressional Republicans condemned Smith’s actions as “unconstitutional” and called for the impeachment of judges like James Boasberg, who upheld the confidentiality of the case.

Hagerty expressed discontent, saying, “Any customer would expect Verizon to contest obviously unconstitutional subpoenas, but instead Verizon simply complied.”

In his letter, Hagerty accused Verizon of continuing to hide the illegal disclosure of records and submitting false information to the Senate about the disclosure.

Smith testified earlier in January that the records in question pertained to calls made between January 4 and 7, 2021, aimed at determining which Republican lawmakers were in contact with Rudy Giuliani to “further delay” the certification of Joe Biden’s victory.

During his testimony, Smith claimed the subpoena followed department policy but admitted that “policy has since changed.”

The FCC has been contacted for comment on the matter.