AT&T provided then-House Speaker Kevin McCarthy’s personal cell phone records to former Special Counsel Jack Smith in January 2023 as part of the investigation into the January 6, 2021, Capitol riot, according to new information obtained by Fox News Digital.
Initially, Fox News reported that Smith had issued a subpoena to AT&T for McCarthy’s records, but AT&T had communicated to Senate Judiciary Committee Chairman Chuck Grassley that they hadn’t shared any records of the former chairman. However, a letter from AT&T to Grassley revealed a change in their position, explaining that the carrier had reviewed the issue.
On January 24, 2023, it was noted that Smith requested “personal cell phone call records of U.S. House of Representatives Speaker Kevin McCarthy (AT&T) and U.S. Congressman Louis Gohmert (Verizon).” This request appeared in a “Critical Incident Notice” drafted by the FBI’s Criminal Investigation Division on May 25, 2023.
AT&T clarified to Grassley that they received a subpoena for McCarthy’s records in January 2023, which was separate from another subpoena issued in May 2023 for different billing records. They inadvertently sent Smith the cell phone records.
“AT&T today produced a grand jury subpoena dated January 23, 2023, issued to AT&T by former Special Counsel Jack Smith,” the company confirmed. They referenced Fox News Digital’s exclusive reporting on the matter and added that recognizing the subpoena was essential to correcting their previous response from October 2025.
“This newly discovered record prompted us to revise our earlier response based on a comprehensive review at the time,” AT&T mentioned. They emphasized that their Global Legal Demand Center receives countless legal requests each year, but the subpoena they received didn’t address records related to campaign accounts.
McCarthy expressed strong disapproval about the situation, stating, “Jack Smith broke the law and seized my phone records from when I was Speaker of the House.” He further argued that if such actions could happen to him, they could happen to anyone, urging the Department of Justice to hold Smith accountable.
Smith’s lawyer chose not to comment on the matter. Initially, AT&T had mentioned to Grassley that they raised concerns regarding the legality of requesting members’ records when they received the May 2023 request, but Smith’s office did not follow up, leading to no records being provided.
In the past, Fox News Digital reported that Smith’s team tracked private communications of multiple Republican senators during the January 6 investigation, including prominent figures like Lindsey Graham and Marsha Blackburn.
Smith defended his actions, asserting the decision to track phone records was “totally appropriate” and consistent with Justice Department policies, emphasizing that the data collection was limited to a specific timeframe following the January 6 riot. The investigation, dubbed “Arctic Frost,” was launched in April 2022 with Smith appointed as special prosecutor in November 2022.
Fox News Digital noted that the current inquiries are part of a broader, ongoing investigation.
