Politics aren’t a squeaky clean affair. But there are lines you just can’t cross.
And now GOP Senators are livid after Democrats were caught spying on them.
Jack Smith Defends Subpoena of GOP Lawmakers’ Phone Records Amid Republican Outcry
Former special counsel Jack Smith defended his 2023 decision to subpoena phone records of eight Republican senators and one House member as “entirely proper” and compliant with Justice Department policy, according to a letter obtained by Fox News Digital, sparking sharp criticism from GOP lawmakers who allege political targeting.
Subpoenas Target GOP Senators During Election Probe
Smith’s legal team stated the toll records, which track call times and recipients but not content, were collected to investigate President Donald Trump’s alleged efforts to challenge the 2020 election.
The data covered January 4 to January 7, 2021, focusing on the period around the January 6 Capitol riots, Smith’s lawyers wrote to Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa. Affected senators included Marsha Blackburn (R-Tenn.), Josh Hawley (R-Mo.), and Lindsey Graham (R-S.C.).
Sen. Ted Cruz (R-Texas) revealed Tuesday on Fox News’ Hannity that Smith also attempted to subpoena his records, but AT&T refused to comply. Republicans have condemned the subpoenas as an overreach, likening them to Watergate-era abuses.
GOP Alleges Political Bias in Arctic Frost Investigation
Grassley, who exposed the subpoenas, vowed to continue probing the FBI’s Arctic Frost investigation, which underpinned Smith’s prosecution of Trump.
“I’m conducting an objective assessment of the facts&law like he says he wants So far we exposed an anti-Trump FBI agent started the investigation/broke FBI rules &only REPUBLICANS were targeted SMELLS LIKE POLITICS,” Grassley posted on X.
Republicans argue the exclusive targeting of GOP lawmakers suggests bias in Smith’s probe, which ended when he dropped four election-related charges against Trump after his 2024 victory, citing DOJ policy against prosecuting sitting presidents. Smith’s team insisted the subpoenas were routine and disclosed to Trump’s attorneys, some now in senior DOJ roles.
DOJ Precedents Fuel Republican Concerns
While Smith’s lawyers noted that DOJ subpoenaed records in other cases, including those of former Sen. Robert Menendez (D-N.J.) and Reps. Eric Swalwell and Adam Schiff (both D-Calif.), Republicans highlight that only GOP lawmakers were targeted in Arctic Frost.
A DOJ inspector general report by Michael Horowitz warned that subpoenaing lawmakers’ records could undermine Congress’s oversight role and should be tightly limited.
GOP lawmakers, including Cruz, have called for accountability, arguing Smith’s actions risk chilling legislative freedom and reflect a politicized DOJ. The controversy underscores ongoing Republican demands for transparency in federal investigations targeting their party.
