Jack Smith defends subpoenaing Republican senators' phone records: 'Entirely proper'

"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," Smith's lawyers wrote Tuesday to Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

Toll records do not reveal the contents of phone calls but instead reveal when calls were made and to whom.

Smith's lawyers said that although Grassley, who brought the subpoenas to light, has not reached out to Smith, they felt compelled to write to the chairman to address claims from Republicans that Smith improperly spied on lawmakers.

Grassley responded to the letter, saying he would continue an unbiased probe into Arctic Frost, the name of the FBI investigation that led to Smith's election-related prosecution of Trump.

"I'm conducting an objective assessment of the facts&law like he says he wants So far we exposed an anti-Trump FBI agent started the investigation/broke FBI rules &only REPUBLICANS were targeted SMELLS LIKE POLITICS," Grassley wrote on X.

The targeted senators included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina. 

The Republicans have broadly claimed they were inappropriately spied on, and compared Arctic Frost to the Watergate scandal.

Smith's lawyers emphasized the normalcy of seeking out phone records and said that public officials are not immune from investigation.

Smith brought four criminal charges against Trump alleging he illegally attempted to overturn the results of the 2020 election, but he dismissed the charges after Trump won the 2024 election, citing a DOJ policy that discourages prosecuting sitting presidents. 

The first Trump administration subpoenaed phone records of Rep. Eric Swalwell, D-Calif., and then-Rep. Adam Schiff, D-Calif., and dozens of congressional staffers from both parties as part of a leak investigation.

"Moreover, the precise records at issue were produced in discovery to President Trump's personal lawyers, some of whom now serve in senior positions within the Department of Justice," Smith's lawyers said.