Smith issued subpoenas to the telecommunications companies for the phone records of Republican lawmakers.
House Judiciary Committee Chairman Jim Jordan (R., Ohio) is launching an investigation into telecommunications companies Verizon and AT&T for the role they played in the FBI’s sweeping “Arctic Frost” probe into President Trump and the broader GOP over the January 6th, 2021, Capitol riot.
Jordan is sending letters to AT&T and Verizon on Tuesday demanding documents and communications related to former special counsel Jack Smith’s subpoenas to the companies for phone records of Republican lawmakers, National Review has first learned.
“Recently released internal DOJ documents indicate that former Special Counsel Jack Smith compelled the production of phone records belonging to several Republican Members of Congress and simultaneously sought a gag order to prevent your company from disclosing the DOJ’s subpoenas into these individuals,” Jordan wrote in separate letters to both companies obtained by National Review.
“These findings raise serious concerns about potential statutory and constitutional violations, including violations of the Speech or Debate Clause, and we therefore request documents and information to aid in our oversight,” he added.
“It is concerning that the Biden-Harris DOJ abused its federal law enforcement authority to effectuate a politically motivated prosecution against President Trump, in such a clandestine and partisan manner, by spying on the communications of sitting Members of Congress.”
Jordan’s investigation comes after Senator Chuck Grassley (R., Iowa), chairman of the Senate Judiciary Committee, released Smith’s subpoenas last week paired with orders he secured from D.C. federal judge James Boasberg preventing the companies from informing the individuals whose phone records Smith sought.
“In 2023 Verizon was ordered to turn over call records for certain members of Congress to the Department of Justice. The Special Counsel and DOJ at the time decided who to target. A court ordered Verizon not to tell anyone about that. We had no choice but to comply with the court order. So we did,” Verizon spokesman Rich Young said in a statement.
“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.”
A spokesperson for AT&T confirmed to NR they received the letter in a brief statement.
“We have received the letter and will respond,” the spokesperson said.
Smith subpoenaed Verizon and AT&T in May 2023, and obtained the orders from Boasberg at the same time. Verizon complied with Smith’s subpoena for the telephone toll records of eight GOP senators because the subpoena had twelve phone numbers without any corresponding information, the company told Grassley in a letter.
The telephone toll records contain phone call activity but they do not have the contents of the calls. Grassley divulged an FBI record last month showing the FBI targeted the toll records of eight GOP senators and Representative Mike Kelly (R., Pa.).
The 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.).
Republican lawmakers have called for further investigation and potential criminal prosecutions of the FBI personnel involved with targeting the GOP senators. Multiple lawmakers targeted by the FBI promoted Trump’s false claims about the 2020 election being stolen from him.
AT&T confirmed to Grassley that it received Smith’s subpoena for phone records associated with two congressional lawmakers, but the company pushed back against Smith’s effort. Smith did not pursue the records further after AT&T objected, so it did not turn over any records.
At a press conference last week, Senator Ted Cruz (R., Texas) said that Smith attempted to obtain his AT&T records and revealed Boasberg’s non-disclosure order. Cruz praised AT&T for pushing back against Smith and refusing to release the records.
The FBI’s anti-Trump “Arctic Frost” investigation began in 2022 with authorization from then-Attorney General Merrick Garland and then-FBI Director Christopher Wray. The “Arctic Frost” investigation morphed into Smith’s Washington, D.C., prosecution against Trump after Garland appointed Smith for the purpose of prosecuting Trump.
Grassley and Jordan have been conducting oversight into the scope of the “Arctic Frost” investigation, with assistance from FBI Director Kash Patel. The Biden-era FBI targeted 92 Republican organizations and GOP-linked operatives during the investigation. To that end, federal investigators sent almost 200 subpoenas to over 400 GOP entities and individuals.
Attorney General Pam Bondi said Tuesday that Smith obtained Trump’s government phone and subpoenaed Trump’s personal phone records. She said she turned over relevant documents to congressional lawmakers to review.
Patel has fired agents involved with “Arctic Frost” and shuttered the unit inside the Washington, D.C., field office responsible for carrying it out. The move was part of Patel’s broader focus on combating the perceived weaponization of the FBI under Wray.
Jordan conducted vigorous oversight of the FBI during Wray’s tenure, especially pertaining to high-profile, political scandals. He has requested Smith testify about his prosecutions of Trump, a hearing that would be explosive and confrontational.
Smith’s attorneys have defended his conduct during the “Arctic Frost” investigation, arguing that getting telephone toll records of Republican senators was lawful and within the bounds of DOJ policy. The former special counsel is requesting a public hearing with the House or Senate to counter what he considers misperceptions about his work.
Smith’s D.C. case against Trump ran into numerous legal obstacles and failed to make it to trial. Litigation tied to the case led to the Supreme Court’s 2024 decision granting the president immunity for official acts. After Trump’s 2024 election victory, Smith folded the D.C. case and his classified documents case against Trump in Florida.
Trump routinely accuses Smith of weaponizing the federal government against him on Biden’s behalf. Last week, Trump called Smith “deranged” and a “criminal” in a Truth Social post reacting to Grassley’s oversight. Smith resigned before Trump took office rather than giving him the satisfaction of firing him.