Former special counsel Jack Smith defended his 2023 decision to subpoena the phone records of several Republican lawmakers, describing the action as “totally appropriate” and in line with Justice Department guidelines.
In a letter obtained by Fox News Digital, Smith communicated through his attorney that the requested data, referred to as “toll records,” pertained to eight senators and one representative. He emphasized that this information was specifically targeted to aid the investigation into President Donald Trump’s suspected interference in the 2020 election.
According to Smith’s legal team, the collection was narrowly focused on a four-day window from January 4 to January 7, 2021, particularly looking at phone activities shortly after the January 6 Capitol riot. This was outlined in a letter sent to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa).
Grassley had previously revealed the existence of the subpoena but had not reached out to Smith directly. Feeling it was necessary to respond, Grassley aimed to counter Republican accusations that Smith unlawfully surveilled congressional members.
Grassley stated that he would maintain an impartial inquiry into “Arctic Frost,” the FBI investigation that resulted in charges against Trump related to the election. He suggested that investigations focused solely on Republicans and implied there was a political bias at play.
Targeted senators included notable Republicans like Marsha Blackburn (Tennessee), Josh Hawley (Missouri), and Lindsey Graham (South Carolina). Additionally, Texas Senator Ted Cruz mentioned to Fox News’ Sean Hannity that his records were also sought, but AT&T had failed to provide the requested data.
In response to the allegations of inappropriate monitoring, Smith’s attorney highlighted that obtaining phone records is a common practice and mentioned that public officials are not above scrutiny.
Smith had previously filed four criminal charges against Trump for attempting to overturn the election results, but he dropped the charges after Trump won the 2024 election, citing a Justice Department policy against prosecuting sitting presidents.
The phone records of other public figures, including former President Biden’s dealings with classified documents and even records tied to former Democratic Senator Robert Menendez, were similarly subpoenaed in separate investigations. The earlier Trump administration also sought phone records from figures like California Democrats Eric Swalwell and Adam Schiff over leak investigations.
Former Justice Department Inspector General Michael Horowitz had cautioned that subpoenaing the records of congressional members should only occur in exceptional situations, due to the risk it poses to congressional oversight of the executive branch.
Smith’s team further disputed allegations from FBI Director Kash Patel that Smith had attempted to conceal the subpoenas, arguing that they had been mentioned in a footnote of the final report and provided to Trump’s personal attorneys.
