Former special counsel Jack Smith sought sweeping phone data tied to FBI Director Kash Patel and multiple Republican lawmakers, according to newly released records, drawing fresh scrutiny to the Biden administration-era investigation into President Donald Trump and his allies.
Documents made public Tuesday by Senate Judiciary Committee Chairman Chuck Grassley (R-IA) reveal that Smith’s team pursued nearly two years’ worth of Patel’s phone records when he was a private citizen, including call logs, text metadata, and personal identifying information such as addresses. The subpoenas, approved under nondisclosure orders by federal judges in Washington, covered periods stretching from late 2020 through early 2023.
BREAKING: Jack Smith subpoenaed @Verizon for roughly TWO YEARS’ worth of @FBIDirectorKash‘s private records, including his text and call logs, residential address and credit card number.
New subpoenas made public by Chairman @ChuckGrassley, @SenRonJohnson and @SenTedCruz. pic.twitter.com/MgBSblUJRO
— Senate Judiciary Republicans (@SenJudiciaryGOP) March 24, 2026
The records did not include message content but captured detailed metadata, a point Republicans have highlighted as evidence of broad surveillance activity tied to the investigation known internally as “Arctic Frost,” the precursor to Smith’s prosecution of Trump.
Grassley and other Republicans said the newly disclosed materials show the Justice Department under former Attorney General Merrick Garland cast a wider net than previously understood, including efforts to obtain records tied to sitting members of Congress. While records released previously showed that the Biden DOJ sought the phone call logs of some Republican lawmakers, the new records show that DOJ officials actually eyed surveillance on even more GOP members of Congress.
A January 2023 internal list reviewed by lawmakers indicates Smith’s team considered subpoenaing more than a dozen Republican lawmakers. Those listed included now-Environmental Protection Agency Administrator Lee Zeldin, then-Rep. Matt Gaetz (R-FL), and Rep. Paul Gosar (R-AZ), alongside figures already known to have been targeted, such as Sen. Ted Cruz (R-TX). Earlier disclosures showed Smith ultimately obtained toll records for multiple Republican lawmakers, including former House Speaker Kevin McCarthy.
In one internal email, a prosecutor suggested notifying DOJ leadership before issuing a wave of congressional subpoenas, writing that they should “make sure Jack’s aware” before sending requests involving numerous lawmakers.
Testimony earlier this year from executives at AT&T, Verizon, and T-Mobile indicated that at least 84 subpoenas were issued during the Arctic Frost investigation. AT&T was the only company to question one request, asking whether a subpoena for Cruz’s records could implicate constitutional protections tied to members of Congress.
Additional documents released Tuesday also show Smith’s office discussed matters involving executive privilege with senior federal judges in Washington ahead of grand jury proceedings related to the federal Trump-related criminal cases.
According to newly released documents by Sen Grassley office, it appears Special Counsel Jack Smith conferred with both DC Chief Judges Beryl Howell and James Boasberg as to their legal strategy in targeting the president and his associates.
This relates to a Jan 2023 briefing… pic.twitter.com/Wrm3EddvmJ
— Julie Kelly 🇺🇸 (@julie_kelly2) March 24, 2026
According to a January 2023 briefing summary, then-Chief Judge Beryl Howell, an appointee of former President Barack Obama, indicated support for handling such issues in an omnibus format, with the Biden DOJ characterizing her remarks in the summary as saying she “loves that idea.”
Some legal observers said the judge’s purported reaction may have reflected her preference for procedural efficiency rather than any improper coordination. However, critics have accused Howell of showing a bias against Trump and his supporters through her consistent rulings against them.
There are always ex parte communications with the judge in dealing with GJ issues.
But there should always be a court reporter and every discussion should be memorialized.
The judge can authorize ex parte contact.
The reference to Judge Boasberg means this memo reflects… https://t.co/2iYx5ApBvO
— Shipwreckedcrew (@shipwreckedcrew) March 24, 2026
“The judge can authorize ex parte contact,” said Bill Shipley, a lawyer who represented multiple Jan. 6 defendants in their cases brought under the Garland DOJ. However, he noted that “there should always be a court reporter and every discussion should be memorialized.” Ex parte contact refers to discussions between a judge and only one party in a legal dispute.
Republicans, however, pointed to the interaction as part of a broader pattern they say raises concerns about how the investigation was conducted.
Rep. Jim Jordan (R-OH) told the Washington Examiner the scope of the subpoenas was far more expansive than initially understood, arguing that investigators cast an unusually wide net across Republican officials and allies.
“They got phone records on everybody,” Jordan said in an interview. “Seventeen members of Congress … the speaker, the chairman of the Judiciary Committee, the top Republican on Judiciary. I mean, it’s ridiculous what they did.”
Jordan added that the disclosures reinforce concerns raised by congressional investigators, saying, “The one takeaway is it’s always worse than we thought.”
He also said lawmakers plan to continue digging into the matter, including by examining interactions between prosecutors and judges, arguing that “everything’s on the table” as the investigation moves forward.
Democrats pushed back sharply during a Senate Judiciary Committee hearing on Tuesday about the DOJ’s handling of Arctic Frost.
Sen. Mazie Hirono (D-HI) dismissed the proceedings as “espousing Republican conspiracy theories” and criticized the focus on Smith without calling him directly to testify.
“The witnesses this morning are speculating,” Hirono said, calling the hearing a “completely futile” exercise and urging the committee to instead bring Smith before the panel and obtain additional materials, including a second volume of his report.
Grassley, in opening remarks, defended the congressional inquiry, saying the newly obtained records show Smith “misled Congress and the public, if not outright lied” about aspects of the investigation.
The hearing titled “Arctic Frost: A Modern Day Watergate” yielded few new details, but lawmakers signaled that additional disclosures could follow as the committee continues its investigation into the origins and scope of the Biden-era inquiry.
