FBI memo: Smith sought McCarthy and Gohmert phone tolls in Jan. 6 probe; prior Hill subpoenas detailed
An FBI Criminal Investigative Division memo shows Special Counsel Jack Smith sought toll records on Jan. 24, 2023 for then‑Speaker Kevin McCarthy’s personal AT&T cell and former Rep. Louie Gohmert’s Verizon number, while earlier grand‑jury subpoenas in the “Arctic Frost” probe obtained Jan. 4–7, 2021 toll data for numerous Republican lawmakers. The subpoenas — which Verizon says it complied with while AT&T balked and gag orders temporarily barred notification — have prompted legal defenses from Smith’s attorneys, demands for investigations and carrier explanations from GOP lawmakers, and a contentious retroactive Senate provision allowing affected senators to sue the government for $500,000 per violation that House Republicans are moving to repeal.
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📌 Key Facts
- An FBI 'Significant Case Notification' shows Special Counsel Jack Smith sought toll records on Jan. 24, 2023 for then‑House Speaker Kevin McCarthy’s personal AT&T cell and former Rep. Louie Gohmert’s Verizon number as part of the 'Arctic Frost' Jan. 6 probe; Smith’s team says the toll‑record subpoenas were narrowly tailored to calls from Jan. 4–7, 2021.
- Sen. Chuck Grassley released 197 subpoenas used in the Arctic Frost investigation; the disclosures show toll‑record subpoenas signed in May 2023 sought records for at least nine Republicans — Sens. Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis, Marsha Blackburn — and Rep. Mike Kelly — provoking GOP claims the effort was a 'fishing expedition' or 'enemies list.'
- Phone carriers and court orders: Verizon says it complied with Smith’s toll‑record subpoenas (and has since tightened policies), AT&T says it questioned the legal basis and did not produce records after raising concerns, and U.S. District Judge James Boasberg imposed one‑year gag orders in May 2023 barring the carriers from notifying lawmakers.
- Smith’s attorneys (Lanny Breuer and Peter Koski) defended the subpoenas in an Oct. 21 letter as routine, lawful grand‑jury toll‑record requests that capture only metadata, not call content, and noted precedents of similar record requests in other investigations.
- Political and legal fallout has been broad: multiple GOP senators and House members demanded investigations or OPR referrals, Rep. Brandon Gill introduced articles to impeach Judge Boasberg, President Trump called for prosecutions and alleged officials 'taped' calls (while Senate Judiciary and others say only toll records/metadata were obtained).
- Legislative response: a retroactive provision inserted into the shutdown‑ending appropriations bill (coverage back to 2022) creates a private right of action allowing senators to sue the U.S. for at least $500,000 per violation (plus attorneys’ fees and costs) if required notice was blocked or data was obtained without notice, and requires service providers to notify Senate offices and the Senate Sergeant at Arms when lawmakers’ data is requested (with a limited exception if a senator is a criminal target).
- The $500,000 provision triggered GOP objections in the House; leaders moved to fast‑track repeal (a vote was planned), with Speaker Mike Johnson and others criticizing how the measure was inserted — while most of the affected senators say they will not seek damages, a few (including Lindsey Graham) indicated they may pursue action.
- Sen. Marsha Blackburn said she was among lawmakers whose records were sought and tied the targeting to support for Donald Trump; she and other lawmakers have sent letters to Attorney General Pam Bondi seeking an investigation and OPR referral (including requests related to disbarment in some states) and to carriers (AT&T, T‑Mobile, Verizon) demanding explanations for any cooperation and why members were not notified.
📰 Sources (14)
House to vote on repealing new law allowing $500k lawsuits from senators
New information:
- The House is fast-tracking a bill under suspension to repeal the new law granting senators $500,000 per violation to sue over unauthorized acquisition of their phone/data records.
- Speaker Mike Johnson said Sen. John Thune 'regretted the way it was done'; Johnson called the Senate’s insertion 'way out of line' and expects the Senate to take up a repeal.
- The contested provision was tucked into the shutdown-ending legislative-branch funding measure and is retroactive to 2022, potentially enabling at least eight named GOP senators to sue.
- Thune defended the original provision as creating a private right of action against DOJ 'weaponization'; several House Republicans (Austin Scott, Chip Roy) blasted the insertion as self-serving.
- Most of the eight affected senators reportedly do not plan to sue; Sen. Lindsey Graham suggested he intends to pursue action and not settle.
GOP unity shattered by controversial measure in government shutdown bill
New information:
- House leaders plan a vote next week to repeal the shutdown-bill provision allowing senators targeted in the Arctic Frost probe to sue the U.S. for up to $500,000.
- Rep. John Rose introduced the repeal legislation amid House GOP objections to taxpayer-funded payouts.
- Rep. Tom Cole said the provision was added in the Senate without House negotiators’ knowledge and could have jeopardized the shutdown-ending vote.
- The provision was inserted by Sen. John Thune and green-lit by Sen. Chuck Schumer, at the request of GOP senators including Lindsey Graham and Ted Cruz.
- Rep. Greg Steube cited the provision in voting against the final bill; Reps. Chip Roy, Austin Scott, and Morgan Griffith voiced objections but did not block the deal.
Some senators whose data was searched won't seek damages under new law
New information:
- A new law in the shutdown-ending appropriations package allows senators to sue for $500,000 if their data is obtained without required notice, retroactive to 2022.
- At least three of the eight affected GOP senators — Bill Hagerty, Marsha Blackburn and Ron Johnson — said they will not seek damages.
- The law mandates service providers notify Senate offices and the Senate Sergeant at Arms when federal law enforcement requests lawmakers’ data, with exceptions if a senator is a target; damages may be sought if notice is blocked or data is obtained without notice.
- House Speaker Mike Johnson said the House will fast‑track a bill to repeal the lawsuit provision amid criticism from House Republicans.
Jack Smith targeted then-House Speaker McCarthy’s private phone records in J6 probe, FBI docs reveal
New information:
- An FBI Criminal Investigative Division 'Significant Case Notification' says Smith sought toll records on Jan. 24, 2023 for then–Speaker Kevin McCarthy’s personal AT&T cell and former Rep. Louie Gohmert’s Verizon number.
- The FBI notification is dated May 25, 2023 and was recently shared with Sens. Chuck Grassley and Ron Johnson as part of their review of the 'Arctic Frost' probe.
- Kevin McCarthy responded, calling the effort 'illegal' and urging congressional hearings, while saying he will consult counsel for redress.
- Smith’s team has maintained the toll-data subpoenas were narrowly tailored to Jan. 4–7, 2021.
House Republicans balk at Senate provision letting lawmakers sue over ‘Arctic Frost’ phone records
New information:
- Senate-passed funding bill includes a retroactive provision allowing senators targeted in the 'Arctic Frost' toll-records probe to sue the U.S. for at least $500,000 per violation, plus attorneys’ fees and costs.
- House Republicans (Reps. Austin Scott, Chip Roy, Morgan Griffith) publicly objected during a House Rules Committee hearing, calling the provision last-minute and not vetted by House committees.
- Provision text cited covers any acquisition, subpoena, search, access, or disclosure of 'Senate data' in violation of the section.
Shutdown deal lets senators sue for $500k over data seizures in Jan. 6 probe
New information:
- Shutdown deal includes a provision allowing senators to sue the U.S. for $500,000 per violation if federal law enforcement acquires their data without required notification, with coverage back to January 2022.
- The bill requires service providers to notify Senate offices and the Senate Sergeant at Arms when federal authorities request senators’ data; courts can delay notice only if the senator is a criminal target.
- Statute of limitations: suits may be filed up to five years after a senator learns of a violation; the bill limits government immunity defenses.
- Names confirmed for the 2023 toll-record subpoenas: Sens. Graham, Hagerty, Hawley, Sullivan, Tuberville, Johnson, Lummis, Blackburn, and Rep. Mike Kelly.
- Oct. 21 letter from Special Counsel Jack Smith’s attorneys defending the subpoenas as lawful; Grassley’s new statement condemning the actions.
Trump foe Boasberg hit with articles of impeachment
New information:
- Rep. Brandon Gill (R-TX) introduced impeachment articles against Judge James Boasberg, alleging abuse of power tied to ARCTIC FROST subpoenas and nondisclosure orders.
- The resolution cites Speech and Debate Clause concerns and claims Boasberg authorized gag orders covering lawmakers’ toll records.
- Gill’s office provided resolution text to Fox; he accused Boasberg of ‘weaponizing’ judicial power and creating a ‘constitutional crisis.’
Boasberg's role in 'Arctic Frost' probe sparks fury from GOP senators, despite local rules
New information:
- Sens. Ted Cruz and Marsha Blackburn sharply criticized Judge James Boasberg over his role approving Jack Smith’s subpoenas and gag orders, with Cruz suggesting impeachment.
- Article clarifies that D.D.C. local rules require the chief judge to handle grand-jury proceedings, explaining why Boasberg signed the subpoenas and gag orders.
- Confirms the subpoenas and gag orders at issue were signed in May 2023, about two months after Boasberg became chief judge.
- Notes Boasberg publicly explained his oversight role in a June 2023 memo related to unsealing parts of the Pence subpoena matter.
Major phone carriers reveal Jack Smith's subpoenas for Republican senators' records
New information:
- Verizon complied with Jack Smith’s toll-records subpoenas; AT&T questioned the legal basis and says no records were produced.
- U.S. District Judge James Boasberg imposed one-year gag orders barring Verizon and AT&T from notifying lawmakers.
- Verizon says its subpoena listed only phone numbers (no names) and that it has since toughened policies for requests involving members of Congress.
- AT&T’s general counsel David Chorzempa wrote that the Special Counsel did not pursue the subpoena further after AT&T raised concerns.
- Sen. Rick Scott was newly identified as a lawmaker whose phone records were sought; AT&T confirmed Sen. Ted Cruz’s number was targeted and declined to name a second lawmaker.
- Grassley said Verizon’s subpoena included Cruz’s office landline, but Verizon reported no records existed for that line.
- Both subpoenas sought toll records for a four-day window around Jan. 6, 2021.
Republicans claim Biden administration 'enemies list' unearthed from Arctic Frost investigation
New information:
- Sen. Chuck Grassley released 197 subpoenas used by the FBI in the 'Arctic Frost' probe.
- Grassley characterized the effort as a 'fishing expedition' and Sen. Ron Johnson called the list an 'enemies list' (attributed quotes).
- Fox reports Arctic Frost was the precursor to Special Counsel Jack Smith’s election investigation and targeted information related to hundreds of Republicans.
Trump calls for prosecution of more political foes including Smith and Garland
New information:
- President Trump publicly called for prosecutions of Merrick Garland, Christopher Wray, Jack Smith and Lisa Monaco over the FBI’s 'Arctic Frost' probe.
- Trump alleged the officials 'taped' lawmakers’ calls, but the Senate Judiciary Committee has said the FBI obtained only toll records (metadata), not call content.
- CBS notes Grassley’s document release indicating Wray, Garland and Monaco approved opening 'Arctic Frost' in spring 2022; Smith was appointed special counsel later in 2022.
Jack Smith's attorneys defend special counsel's analyzing GOP lawmakers' phone data
New information:
- Smith’s attorneys (Lanny Breuer, Peter Koski) sent Sen. Chuck Grassley a letter defending the subpoenas as routine, lawful toll-record requests that do not capture call content.
- The toll records covered calls made between Jan. 4 and Jan. 7, 2021, obtained via grand jury subpoena.
- CBS lists nine Republicans whose records were examined: Sens. Graham, Hagerty, Hawley, Sullivan, Tuberville, Ron Johnson, Lummis, Blackburn and Rep. Mike Kelly.
- Attorneys cite parallels: Special Counsel Robert Hur obtained Biden’s toll records; Trump-era DOJ obtained records from Reps. Eric Swalwell, Adam Schiff and 40+ staffers in a leaks probe.
- Five senators asked AG Pam Bondi to investigate Smith and refer him to DOJ’s Office of Professional Responsibility.
Blackburn says Trump support was 'common thread' among lawmakers reportedly targeted by Jack Smith
New information:
- Sen. Marsha Blackburn says she was among the Republican lawmakers whose phone records were sought and ties the targeting to support for Donald Trump.
- Blackburn and several lawmakers sent a letter to Attorney General Pam Bondi requesting an investigation of Jack Smith and referral to DOJ’s Office of Professional Responsibility, with a goal of seeking his disbarment in New York and Tennessee.
- Lawmakers also sent letters to AT&T, T-Mobile, and Verizon demanding explanations for any cooperation and why affected members were not notified.
- The probe is referenced as part of Smith’s 'Arctic Frost' investigation, and Blackburn says she learned of it via FBI disclosures to Sen. Chuck Grassley following an oversight request.
- Fox lists additional targeted lawmakers beyond Ted Cruz, including Sens. Graham, Johnson, Hawley, Lummis, Hagerty, Sullivan, Tuberville, and Rep. Mike Kelly.