Sen. Chuck Grassley (C) speaks alongside Sen. Bill Hagerty (L), and Sen. Marsha Blackburn (2nd L) as they announce that an FBI whistleblower says the FBI during the Arctic Frost investigation had subpoenaed the records of Republican elected officials in Congress, during a press conference on Capitol Hill in Washington, D.C., Oct. 6, 2025. (SAUL LOEB/AFP via Getty Images)
Blackburn, in her opening remarks, called the disclosures an "invasion of privacy and violation of our constitutional rights." Blackburn pointed to the speech or debate clause, which gives Congress members an added layer of protection from prosecution.
"It’s critical that each of these carriers go on the record about the decisions they made and why — or why not — they enabled with Jack Smith’s weaponization of government," Blackburn said.
Former special counsel Jack Smith testifies during a hearing before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on Jan. 22, 2026, in Washington, D.C. (Al Drago/Getty Images)
While the phone companies come under scrutiny, Grassley also blamed Smith. Smith received the greenlight from DOJ's Public Integrity Section to seek the senators' records as part of his investigation, according to emails, but an official from the section also floated that the subpoenas could expose the DOJ to constitutional challenges.
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"Smith and his team irresponsibly steam0rolled ahead while intentionally hiding their activity from Members of Congress. … Smith’s deceitful conduct was a substantial intrusion into the core constitutional activity of constitutional officers," Grassley said.
Smith, meanwhile, has repeatedly defended the subpoenas, pointing out that they aligned with DOJ policies at the time.
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/grassley-biden-doj-bypassed-constitutional-safeguards-subpoenaing-senator-phone-records