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By Andrew Stanton
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Department of Justice special counsel Jack Smith sought to subpoena phone records from 14 members of Congress as part of the Arctic Frost Probe, according to new documents released by Senator Chuck Grassley.
Why It Matters
Grassley, an Iowa Republican, has accused Smith of seeking access to cellphone “tolling data” of more than a dozen Republican lawmakers during his probe into whether President Donald Trump and his allies broke the law during their alleged efforts to overturn the results of the 2020 presidential election.
Read More on Politics
Republicans have argued the investigation shows that former President Joe Biden’s Justice Department was unfairly targeting Republicans in its investigations; others, however, have said it was reasonable to seek those phone records as part of an investigation into alleged attempts at thwarting an election loss for Trump.
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What To Know
The Senate Judiciary Committee on Tuesday held a hearing into the Arctic Frost investigation, dubbing it a “modern Watergate.” During the hearing, Grassley said records included the “wish list created by Smith’s team naming 14 members of Congress for whom they wanted to seek tolling data.”
Here is the list of Republican lawmakers:
- Representative Brian Babin of Texas
- Representative Andy Biggs of Arizona
- Former Representative Mo Brooks of Alabama
- Former Representative Matt Gaetz of Florida
- Former Representative Jody Hice of Georgia
- Representative Paul Gosar of Arizona
- Former Representative Louie Gohmert of Texas
- Senator Mike Lee of Utah
- Former Representative Lee Zeldin of New York
- Senator Dan Sullivan of Alaska
- Senator Marsha Blackburn of Tennessee
- Senator Bill Hagerty of Tennessee
- Senator Lindsey Graham of South Carolina
- Senator Ted Cruz of Texas
Grassley said the list “notes that Smith’s team already knew these members had communication,” including text messages with individuals associated with Trump. He said the records also indicated that members had a “valid speech or debate privilege” that immunized them from testifying.
He accused Smith of “secretly” seeking these records despite constitutional concerns.
“When one phone company pushed back, Smith backed down,” he said. “That calls into question the necessity of obtaining member data.”
Grassley earlier released a report on the investigation in October 2025. Following that report, FBI Director Kash Patel wrote on X that he had fired employees and dismantled the CR-15 squad. Two former FBI employees have since sued over being fired for their involvement in the operation.
The Arctic Frost investigation formed the basis of Smith’s investigation into the election interference case that led to Trump's indictment in August 2023. Charges were dropped following Trump's victory in the 2024 presidential race.
Documents released by Grassley’s office also showed subpoenas pertaining to Patel’s communications.
Former federal prosecutor Neama Rahmani told Newsweek it’s unsurprising that Smith would have been searching for those records.
“It doesn’t include the content. You need a search warrant and a wire tap for that. But the call logs, the metadata, that is something that is commonly subpoenaed in any type of conspiracy case, because obviously a conspiracy is an unlawful agreement between two or more people. You do need to show that communication and coordination,” he said.
Rahmani said that while he understands why Republicans may be frustrated with the investigation from a political perspective, the argument surrounding weaponization generally would not hold up in court.
“Trump raised these arguments and lost every time. Hunter Biden raised these same arguments and lost every time. It’s just not a legal defense in a majority of cases,” he said.
What People Are Saying
Senator Ted Cruz, a Texas Republican, said during Tuesday’s hearing: "I'll tell you one of the big differences of Watergate versus Arctic Frost. When Richard Nixon and his corrupt attorney general and his corrupt administration abused their law enforcement powers to go after their political opponents, Republican senators stood up to the president of their own party and defended the rule of law. Where is even a single Democrat senator who has said one word about this abuse of power?”
Jack Smith’s lawyers wrote in a letter to Senator Chuck Grassley earlier reported by Fox News: “As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol.”
What Happens Next
Critics have called for federal law enforcement to take legal action against Smith. Whether the administration will do so remains to be seen.
Correction 3/25/2026 11:04 a.m. ET: This article has been amended to reflect that Representative Babin is a current, not former, member of Congress.
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