The Biden Justice Department secretly obtained more than two years worth of Representative Jim Jordan’s (R., Ohio) phone records during its sweeping investigation into the role President Donald Trump played in the Capitol riot.
Without his knowledge, the Biden administration targeted Jordan’s phone records weeks after the Biden administration launched its “Arctic Frost” investigation, according to records Jordan released Thursday night as part of his investigation into the role Verizon and AT&T played in “Arctic Frost.”
The “Arctic Frost” investigation began in April 2022 with approval from then-Attorney General Merrick Garland and then-FBI Director Christopher Wray. It turned into Special Counsel Jack Smith’s prosecution of Trump in Washington, D.C., for his role in the Capitol riot. Garland appointed Smith special counsel in November 2022 for the purpose of prosecuting Trump.
On April 25, 2022, less than two weeks after “Arctic Frost” was launched, the Biden administration issued a subpoena for “all call detail records” beginning in January 2020. The phone records included Jordan’s inbound and outbound calls, texts, direct-connect communications, voicemails, addresses, sources of payments, IP addresses, and location information. Investigators obtained a non-disclosure order along with the subpoena, ensuring Jordan would not know about it. Verizon turned over the records to Jordan to comply with his ongoing investigation.
Earlier this month, Jordan, who chairs the House Judiciary Committee, launched his investigation into Verizon and AT&T after Senator Chuck Grassley (R., Iowa) released the subpoenas the companies received from Smith to hand over certain phone records of Republican lawmakers. The subpoenas were paired with non-disclosure orders Smith secured from D.C. federal judge James Boasberg to prevent the lawmakers from finding out about the subpoenas.
“They spied on President Trump. They spied on Senators. Now, we just learned, they spied on me. If they can do it to us, they can do it to you,” Jordan said on X.
Smith subpoenaed Verizon and AT&T in May 2023 to gather the toll records of Republican lawmakers from around the time of the Capitol riot. Toll records include phone call activity but not the contents of the calls. Smith sought records from Verizon for eight Republican Senators and Representative Mike Kelly (R., Pa.). The GOP Senators were Lindsey Graham (S.C.), Josh Hawley (Mo.), Dan Sullivan (Alaska), Marsha Blackburn (Tenn.), Bill Hagerty (Tenn.), Tommy Tuberville (Ala.), Ron Johnson (Wisc.), and Cynthia Lummis (Wyo.).
Verizon complied with Smith’s subpoena for the records and complied with the court order. The company previously told NR that it is working with Jordan and Senate committees to develop better protocols for handling congressional records moving forward.
“We’re now actively working with Chairman Jordan and relevant Senate committees on implementing a rigorous new protocol for subpoenas involving congressional members, requiring escalation to a senior Verizon leader prior to us taking any action,” said Verizon spokesman Rich Young.
Smith subpoenaed AT&T for records related to two congressional lawmakers, but the company did not hand them over, AT&T told Grassley last month in a letter. However, Fox News reported Thursday that AT&T did provide Smith with former House Speaker Kevin McCarthy’s (R., Calif.) phone records during the “Arctic Frost” investigation. AT&T sought the toll records for McCarthy and former Representative Louie Gohmert (R., Texas) in January 2023.
In October, Senator Ted Cruz (R., Texas) revealed Smith’s subpoenaed AT&T for his records and an order Smith obtained from Boasberg. Cruz praised AT&T for pushing back against Smith’s request and derailing his attempt to get the records.
Several of the lawmakers caught up in “Arctic Frost” promoted Trump’s false claims that the 2020 election was stolen. Trump narrowly lost the 2020 election to former President Joe Biden.
In addition to the lawmakers, “Arctic Frost” targeted 92 Republican organizations and GOP-linked operatives, including the late Charlie Kirk’s Turning Point USA. Federal investigators issued almost 200 subpoenas to over 400 Republican-linked entities and individuals during the span of the investigation.
Jordan and Grassley are among the Republican lawmakers conducting oversight of the FBI’s actions during “Arctic Frost.” Republicans have uniformly expressed outrage at what transpired and Grassley has likened it to Watergate.
FBI Director Kash Patel has fired agents in the Washington, D.C., field office for their involvement with “Arctic Frost.” Patel also shuttered the public corruption unit responsible for carrying out the sweeping anti-Trump investigation. He has vigorously cooperated with Jordan and Grassley’s FBI oversight efforts since assuming the top job at the FBI.
Smith’s attorneys have defended his handling of the “Arctic Frost” investigation by arguing that seeking the toll records was lawful and within the bounds of Justice Department policy. To defend his record, Smith has offered to testify publicly before the House and Senate.
Trump and many other Republicans routinely accuse Smith of having weaponized the justice system for partisan purposes. Jordan led a subcommittee in the prior Congress devoted to investigating the Biden administration’s perceived weaponization of the federal government against conservatives.
Smith’s D.C. case against Trump ran into legal hurdles and ultimately led to the Supreme Court’s 2024 decision granting the president immunity for official acts. Smith folded his cases against Trump and resigned shortly after Trump won the 2024 presidential election decisively against former Vice President Kamala Harris.