Sen. Chuck Grassley, a Republican from Iowa, accused the FBI and former special counsel Jack Smith of violating lawmakers’ “personal property and constitutional rights” after revealing that agents analyzed the phone records of more than a half dozen Republican members of Congress in 2023 as part of the investigation into efforts by President Donald Trump to overturn the 2020 election.
The data, released Monday by GOP senators, showed call dates and times but not content, covering several days during the week of Jan. 6, 2021, when pro-Trump rioters stormed the U.S. Capitol in an attempt to stop certification of Joe Biden’s victory.
Why It Matters
The disclosure sheds new light on the now-closed probe, which examined Trump’s efforts to remain in power after his election loss. Smith’s Office of Special Counsel indicted Trump in August 2023 on charges of conspiring to overturn the results, but the case was dropped the following year after Trump’s return to office. The Justice Department cited a long-standing opinion that a sitting president cannot face federal prosecution.
What To Know
Grassley, who chairs the Senate Judiciary Committee, said the FBI’s action represented an “egregious overreach.” He disclosed the subpoena after obtaining an internal FBI document labeled a “preliminary toll analysis,” dated Sept. 27, 2023.
The document listed nine Republican lawmakers whose phone data was reviewed: Sens. Lindsey Graham of South Carolina, Bill Hagerty and Marsha Blackburn of Tennessee, Josh Hawley of Missouri, Dan Sullivan of Alaska, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin, Cynthia Lummis of Wyoming, and Rep. Mike Kelly of Pennsylvania.
The senators said the records were obtained through a grand jury subpoena, though it is unclear why those lawmakers were targeted or what evidence, if any, investigators found. The analysis was conducted by an FBI special agent and authorized by two supervisors, according to the document.
Most of the lawmakers named were among those who supported challenges to the 2020 results. After the Jan. 6 violence disrupted the certification, some voted to uphold Biden’s victory, while others maintained their objections.
The investigation centers on allegations that Smith violated the Hatch Act, a federal law prohibiting certain government officials from engaging in political activities while in office.
What People Are Saying
FBI Director Kash Patel posted on X, “We recently uncovered proof that phone records of U.S. lawmakers were seized for political purposes. That abuse of power ends now. Under my leadership, the FBI will deliver truth and accountability, and never again be weaponized against the American people.”
Grassley posted on X, “This document shows the Biden FBI spied on 8 of my Republican Senate colleagues during its Arctic Frost investigation into “election conspiracy” Arctic Frost later became Jack Smith’s elector case against Trump BIDEN FBI WEAPONIZATION = WORSE THAN WATERGATE”
What Happens Next
Grassley said Monday he does not plan to launch a separate congressional investigation, citing confidence that Patel and FBI Deputy Director Dan Bongino — both Trump loyalists — will review the matter internally. Still, he called for accountability within the bureau, saying, “If heads don’t roll in this town, nothing changes.”
