Sen. Chuck Grassley released a memo from former FBI Director Christopher Wray to former Attorney General Merrick Garland to open an investigation into the Trump Campaign in April 2022, for allegedly attempting to interfere with Congress' certification of the 2020 election. (Samuel Corum-Pool, Anna Moneymaker and Anna Moneymaker via Getty Images)
The authorization came more than a year after the Jan. 6, 2021, Capitol riot and months before now-former Special Counsel Jack Smith was appointed to oversee related investigations. The memo appears to document an early stage of the Justice Department’s examination of the so-called "fake electors" effort that became a focus of Smith’s probe.
In 2023, Smith subpoenaed phone records belonging to eight Republican senators and one House member, covering a four-day period — Jan. 4 to Jan. 7, 2021 — to examine call activity around the Capitol riot. The subpoenas did not seek call content but instead listed numbers, dates and durations.
The targeted senators included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina.
Senator Chuck Grassley, a Republican from Iowa and chairman of the Senate Judiciary Committee, speaks during a hearing in Washington, DC, US, on Tuesday, Sept. 16, 2025 (Al Drago/Bloomberg via Getty Images)
His lawyers wrote to Grassley, saying the subpoenas complied with Justice Department policy and were routine.
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 phone records and said public officials are not immune from investigation.
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Smith’s attorneys also disputed accusations from FBI Director Kash Patel that the subpoenas were hidden, noting the requests were referenced in a footnote of Smith’s final report and shared with Trump’s defense team in discovery.
Fox News Digital’s Ashley Oliver contributed to this report.
Greg Wehner is a breaking news reporter for Fox News Digital.
Story tips and ideas can be sent to Greg.Wehner@Fox.com and on Twitter @GregWehner.
https://www.foxnews.com/politics/grassley-releases-memo-showing-doj-unleashed-unchecked-government-power-trump-associates