Former Special Counsel Jack Smith is defending his decision to subpoena Republican lawmakers' phone records, describing the move as "entirely proper" and arguing that it was in line with Department of Justice standards.
In a letter obtained by Fox News Digital, Smith's lawyers detailed the phone record data, known as toll records, that was collected from eight senators and one member of the House. They argued that the data was carefully, not recklessly, obtained during Smith's investigation into President Trump's alleged efforts to undermine the integrity of the 2020 presidential election.
"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 on Tuesday to the Senate Judiciary Committee Chairman Chuck Grassley.
Toll records do not detail any contents of phone calls, but only track when a call is made and to whom.
While Senator Grassley has not reached out to Smith directly after he brought the subpoena, Smith and his lawyers believed it was necessary to write to him to shed some light on the Senator's claims that Smith improperly spied on Republican lawmakers. Sen. Grassley wrote on X:
Received letter frm Jack Smith abt my Arctic Frost investigation 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
"I hv a very active investigation + theres more to come frm this senator The public deserves all the facts," he added.
Received letter frm Jack Smith abt my Arctic Frost investigation 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
— Chuck Grassley (@ChuckGrassley) October 21, 2025
Republicans have accused Smith of improperly investigating members of Congress and spying on their phone calls, comparing Operation Arctic Frost to the Watergate scandal.