Washington Examiner

Biden DOJ sought nearly two years of cellphone data for Kash Patel


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New records released by the Senate Judiciary Committee show that Special Counsel Jack smith’s team pursued extensive subpoenas for private phone data tied to FBI Director Kash Patel and several republican lawmakers as part of the Arctic Frost investigation related to Trump-era prosecutions. The documents reveal subpoenas approved under nondisclosure orders covering late 2020 through early 2023, seeking Patel’s call logs, text metadata, and personal identifying details (such as addresses) but not message content. Telecommunication firms including AT&T, Verizon, and T-Mobile were targeted.

The materials indicate Smith’s office considered subpoenaing more than a dozen Republican lawmakers,expanding beyond previously disclosed targets. Republicans argue the scope amounted to broad surveillance and politicization of the investigation, while democrats push back, noting the hearing should scrutinize the DOJ’s handling of Arctic Frost and urging further materials, including testimony from Smith, to be reviewed.

Additional documents discuss executive-privilege matters and interactions with judges ahead of grand jury proceedings, fueling debate over potential ex parte communications and how the investigation was conducted. A January 2023 memo summarized by Grassley suggests some judges, including Beryl Howell, favored a streamlined, omnibus approach, which critics say could reflect bias, though supporters say it reflected procedural efficiency. The committee’s Arctic Frost hearing yielded few new details but signaled that more disclosures may follow as the inquiry continues.


Biden DOJ sought more subpoenas for Patel and Republicans than previously known, records show

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.

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 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.

“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.

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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.



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