Senate GOP Expands 'Arctic Frost' Probe Into Ex-Special Counsel Jack Smith

Senate Republicans are escalating their clash with former special counsel Jack Smith, accusing his team of crossing a constitutional line when prosecutors quietly obtained phone toll records tied to members of Congress. The dispute has pulled some of the nation’s largest telecom companies into the fight.

The hearings began Feb. 10 in Washington as part of what Republicans are calling "Arctic Frost Accountability," an oversight effort examining Smith’s handling of the Jan. 6, 2021, investigation into that day's events and President Donald Trump's culpability following the 2024 presidential election.

At issue now is Smith’s use of subpoenas and court-ordered nondisclosure orders to obtain toll records tied to current and former Republican lawmakers. Republicans argue the secrecy may have infringed protections under the Constitution’s Speech or Debate Clause, which shields legislative acts from executive branch interference.

Democratic lawmakers on the panel countered during the hearing that toll records contain no call content and were lawfully obtained as part of a criminal investigation.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) formally launched the series of hearings to examine Smith’s investigative tactics and telecom compliance.

“My work will continue. Transparency brings accountability,” Grassley said in his Feb. 10 opening remarks.

Grassley’s office said its oversight team identified 84 subpoenas sent to Verizon, AT&T and T-Mobile. Ten of those subpoenas sought toll records associated with 20 current or former Republican members of Congress. The companies have not independently confirmed that tally.

Military.com reached out for comment to all three companies, as well as the Department of Justice.

Smith Pushes Back on ‘Spy’ Claims

Prosecutors sought toll records—numbers dialed, dates and call duration—rather than the substance of conversations, according to sworn congressional testimony obtained by Military.com.

Judges approved nondisclosure orders alongside those subpoenas, according to Smith’s testimony, preventing telecom companies from alerting customers while the investigation was active.

My office didn’t spy on anyone. We did secure nondisclosure orders for those subpoenas. - Jack Smith

Nondisclosure orders bar companies from notifying customers that their records have been requested. Prosecutors often argue that advance notice can lead to destruction of evidence and coordination among subjects, or witness intimidation.

“I had grave concerns about obstruction of justice in this investigation,” Smith said, citing threats directed at election workers and public officials during the Jan. 6 probe.

Smith acknowledged that in certain applications his team did not explicitly inform a judge that some subpoena targets were congressional leaders. He testified that the filings complied with Justice Department policy and federal law.

Grassley said internal Justice Department correspondence referenced potential “litigation risk” when subpoenaing congressional related information.

Democrats on the panel responded that toll records do not capture legislative deliberations or call content, adding that courts authorized the nondisclosure requests.

Smith’s mandate as special counsel grew out of the Justice Department’s decision to appoint an outside prosecutor to oversee politically sensitive Trump-related matters, including election-related activity and the handling of classified records.

That appointment came as multiple federal classified records inquiries moved forward at once, with investigators separating cases where aides proactively disclosed and returned documents from cases involving resistance to demands and subpoenas, according to the Justice Department’s own descriptions in court filings and related reporting.

Telecoms Under Fire in Subpoena Fight

Telecom companies found themselves under congressional scrutiny as lawmakers pressed Verizon, AT&T and T-Mobile on how they handled the subpoenas and whether congressional offices were notified.

Grassley’s office said Verizon failed to provide notice tied to Senate-managed lines covered under a 2022 contract with the Senate Sergeant at Arms. That contract required notification when Senate devices were subject to legal process.

Committee staff said a May 2023 subpoena included two Senate lines associated with Sen. Ted Cruz (R-Texas) and Sen. Lindsey Graham (R-S.C.), and that no notification was provided at the time.

Verizon told committee investigators it lacked internal systems to automatically flag congressional numbers until early 2025, according to Grassley’s office.

AT&T initially stated it had not provided records tied to members of Congress but later amended its response after determining it had complied with a subpoena related to former U.S. House Speaker Kevin McCarthy. T-Mobile identified a subpoena connected to a personal device belonging to Sen. Mike Lee (R-Utah), Grassley’s office noted.

Company representatives testified that they complied with court-ordered legal process and are required under federal law to honor valid subpoenas.

The subpoenas fight is unfolding against the broader backdrop of Jan. 6 investigations and political fallout, including longstanding concerns about extremism tied to the Capitol attack and cases involving service members and veterans accused of participating.

Graham Moves to Change Law

The oversight fight is already spilling into legislation.

Sen. Lindsey Graham (R-S.C.) is advancing a bill that would allow individuals to bring civil suits tied to actions taken by special counsels, including the use of subpoenas and nondisclosure orders.

The longtime senator has argued the proposal would provide a legal remedy for individuals who believe investigative steps infringed constitutional protections.

A federal judge dismissed Smith’s election interference case against Trump without prejudice when Trump returned to office for his second term in 2025, consistent with longstanding Justice Department guidance that sitting presidents cannot be prosecuted while in office. Smith has said his team believed it had sufficient evidence to proceed to trial before that dismissal.

Grassley signaled additional hearings are planned in the coming weeks.