...
By Gabe Whisnant
News Editor
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
The FBI subpoenaed phone records belonging to Kash Patel and Susie Wiles while both were private citizens, as part of federal investigations into President Donald Trump, Patel told Reuters. Patel, now the FBI director, said the subpoenas were issued in 2022 and 2023 during the Biden administration, when Wiles—now White House chief of staff—was a close Trump adviser.
Reuters is the first news organization to report the FBI’s actions. Patel said the subpoenas were issued largely while Department of Justice (DOJ) special counsel Jack Smith was investigating whether Trump interfered with the 2020 presidential election and if he improperly retained classified documents after leaving office.
According to CNN, citing four people briefed on the matter, Patel ultimately fired 10 FBI employees who were involved in the investigation of Trump’s handling of classified documents in Florida at his Mar-a-Lago estate.
Read More
...
Subpoenas Issued During Jack Smith Investigations
According to Patel, the phone records were obtained while Smith was overseeing federal probes into Trump, including an investigation into whether the former president unlawfully took classified documents to his Mar-a-Lago estate in Florida and obstructed efforts to retrieve them.
Smith was appointed special counsel by the DOJ in November 2022. His investigations became central to Trump’s legal exposure during the period leading up to the 2024 presidential election, which Trump ultimately won.
Both Patel and Wiles were interviewed by investigators as part of Smith’s inquiry into Trump’s retention of classified documents following his first term, according to Patel.
Patel Accuses Investigators of Government Overreach
Patel portrayed the seizure of his phone records as an example of what he described as overreach by unelected officials under the administration of former President Joe Biden, a theme frequently echoed by Trump.
In a statement to Reuters, Patel said it was “outrageous and deeply alarming” that previous FBI leadership secretly subpoenaed his phone records, along with those of Wiles, using what he called flimsy justifications.
Patel alleged the subpoenas were concealed in a manner designed to evade oversight, saying the records were buried in case files that were difficult to find within FBI systems.
“It is outrageous and deeply alarming that the previous FBI leadership secretly subpoenaed my own phone records – along with those of now White House Chief of Staff Susie Wiles – using flimsy pretexts and burying the entire process in prohibited case files designed to evade all oversight,” Patel said in a statement to Reuters.
Reuters Unable to Verify Scope or Purpose of Subpoenas
Reuters said it could not independently verify several aspects of Patel’s claims, including the full extent and timing of the seizure of phone records or the motive behind the subpoenas.
The news agency also could not determine which specific records were obtained, who authorized the subpoenas or whether Patel or Wiles themselves were under investigation at the time.
Patel said he only became aware of the records after taking over leadership of the FBI in February 2025, adding that they had been filed in a way that made them difficult for him and other senior bureau officials to find.
Toll Records Obtained Without Judge’s Approval
Patel said investigators obtained what are known as “toll records,” which detail the timing and recipients of phone calls but do not include the content of conversations.
Under federal law, such phone records may be obtained through a subpoena without a judge’s approval. Investigators routinely collect toll records during criminal investigations, including those involving high-profile people, to establish timelines and determine who may have been involved in specific events.
Patel said he did not know why investigators sought his records or those of Wiles.
...
Wiles’ Role as Trump Adviser and Campaign Manager
At the time the records were obtained, Wiles was a close adviser to Trump after he left office in 2021. She later became a co-campaign manager for Trump’s 2024 presidential run against Biden.
Patel said the collection of phone records extended into Wiles’ time as Trump’s co-campaign manager, though he did not specify when the record collection began or ended.
The current FBI chief also was a political ally of Trump during this period.
Democrats Defend Smith’s Investigative Actions
Democrats in Congress have defended Smith against criticism from Republicans, saying he acted appropriately in seeking phone records and other evidence as part of his investigations into Trump and his associates.
Lawmakers have said subpoenas for phone records are a routine investigative tool and were necessary to thoroughly examine allegations of wrongdoing, including potential obstruction of justice.
Patel publicly said in 2022 that Trump had declassified the documents taken to Mar-a-Lago, a claim prosecutors disputed and one Trump’s lawyers did not raise in court.
Patel was summoned before a grand jury that year after receiving limited immunity from criminal charges.
Classified Documents Case Ultimately Dismissed
Smith charged Trump with 40 felonies related to the classified documents investigation in 2023. The case was later dismissed by U.S. District Judge Aileen Cannon.
After Trump won election to a second term in the Oval Office, Smith dropped an appeal of Cannon's 2024 ruling. Trump has denied wrongdoing related to Smith’s investigations.
Cannon on Monday also permanently barred the DOJ from releasing Smith’s final report on the classified documents probe.
Smith Barred From Discussing Undisclosed Aspects of Investigation
Smith has told Congress that court orders prevent him from discussing any aspects of the investigations that were not previously disclosed in court filings.
He previously told lawmakers that his investigators had serious concerns about possible obstruction of justice but said his office followed DOJ policies and legal requirements, and acted based on the facts and the law.
Filing Practices and 'Prohibited' Designation
Patel said the FBI ultimately discovered the phone records filed under a category labeled “Prohibited,” which he said made them difficult to locate within the bureau’s computer systems—adding that he has since terminated the bureau's ability to categorize files in that manner.
Smith’s investigative techniques have previously drawn sharp criticism from Republican leaders, including over the seizure of phone records belonging to U.S. senators and other GOP officials during the investigation into efforts to overturn the 2020 election.
Smith testified last year that phone records helped investigators verify timelines surrounding the January 6, 2021, attack on the U.S. Capitol and said prosecutors followed all legal requirements in obtaining those records. He told a House panel that the records did not include the content of conversations.
The White House and Wiles have not commented on Patel’s allegations.
Update 2/25/26, 8:20 p.m. ET: This article has been updated with additional information.
In a polarized era, the center is dismissed as bland. At Newsweek, ours is different: The Courageous Center—it's not "both sides," it's sharp, challenging and alive with ideas. We follow facts, not factions. If that sounds like the kind of journalism you want to see thrive, we need you.
When you become a Newsweek Member, you support a mission to keep the center strong and vibrant. Members enjoy: Ad-free browsing, exclusive content and editor conversations. Help keep the center courageous. Join today.
View 0 Comments
Submit Correction
View Editorial & AI Guidelines