Jack Smith, then-special counsel, speaks during a news conference in Washington, Aug. 1, 2023. (Al Drago/Bloomberg via Getty Images)
Accompanying the two subpoenas were gag orders, signed by U.S. District Judge James Boasberg of Washington, D.C., that directed the two phone companies not to disclose the subpoenas to the lawmakers for one year. Prosecutors can seek such gag orders to temporarily keep investigative matters confidential.
The phone companies also wrote letters to Grassley, first shared with Fox News Digital, explaining how they handled the subpoenas they received, revealing two different approaches.
Verizon justified complying with the subpoenas, saying they were "facially valid" and contained only phone numbers, not names. Verizon said that with the "benefit of hindsight" and recent discussions with the Senate Sergeant at Arms, which handles congressional phone services, it has modified its policies so that it puts up more of a challenge to law enforcement requests pertaining to Congress members.
AT&T, meanwhile, did not comply with the subpoenas.
"When AT&T raised questions with Special Counsel Smith’s office concerning the legal basis for seeking records of members of Congress, the Special Counsel did not pursue the subpoena further, and no records were produced," David Chorzempa, general counsel for AT&T, wrote.
Sen. Ted Cruz, R-Texas, noted he has faced media scrutiny of his own, but said issues can be resolved in civil court. (AP Photo/Michael Wyke)
Smith, in response, said in a letter through his lawyers that he mentioned subpoenaing senators' phone records in his public, final special counsel report and that the subpoenas were narrowly tailored to a four-day period surrounding the Jan. 6 riot and "entirely proper."
Smith has asked House and Senate lawmakers to allow him to testify before them in a public hearing to speak about his special counsel work. House Judiciary Committee Chairman Jim Jordan, R-Ohio, however, wants to question Smith behind closed doors and Grassley has said he needs more information before he hosts Smith in a public setting.
The DOJ has issued subpoenas for lawmakers' information in the past, but former inspector general Michael Horowitz cautioned against it in most circumstances in a report published last year, saying that doing so "risks chilling Congress’s ability to conduct oversight of the executive branch."
Horowitz's warning came in response to the first Trump administration subpoenaing 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 an investigation into classified information being leaked to the media.
Despite enjoying additional constitutional protections, members of Congress are not immune from investigation and prosecution. Former Democratic Sen. Bob Menendez's phone records were seized while he was serving in office. Menendez is now serving in prison after being found guilty by a jury last year of corruption charges.
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Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/major-phone-carriers-reveal-jack-smiths-subpoenas-republican-senators-records