AT&T gave Jack Smith then-House Speaker McCarthy’s personal cellphone records amid J6 investigation
In a significant development concerning the investigation into the January 6, 2021, Capitol riot, it has come to light that AT&T inadvertently provided personal cellphone records belonging to former Speaker of the House Kevin McCarthy to special counsel Jack Smith in January 2023. This revelation emerged after AT&T initially informed Senate Judiciary Committee Chairman Chuck Grassley that it had not shared any records related to McCarthy. However, following a review prompted by Fox News Digital’s reporting, AT&T corrected its statement, acknowledging that it had indeed responded to a subpoena from Smith that sought McCarthy’s personal phone records, separate from a later request for additional toll records.
The subpoena, dated January 23, 2023, sought toll records for McCarthy’s personal cell phone, as well as for U.S. Representative Louie Gohmert’s phone. AT&T explained that the subpoena did not explicitly indicate that it pertained to a member of Congress, which led to the oversight in processing the request. McCarthy has publicly condemned the actions of Smith, asserting that the seizure of his phone records constitutes a violation of the law and raises serious concerns about the integrity of the Justice Department. He emphasized that if such actions can be taken against a high-ranking official like himself, they could potentially happen to anyone.
This incident is part of a broader inquiry led by Smith, who has been scrutinizing the communications of several Republican lawmakers during the January 6 events. Reports indicate that Smith’s team tracked the private communications of nearly a dozen GOP senators and representatives, raising alarms about privacy and the extent of governmental surveillance. Smith has defended his actions, claiming that the data collection was narrowly focused and aligned with Justice Department policies. As investigations continue, the implications for privacy rights and the accountability of government agencies remain critical topics of discussion, especially amidst ongoing scrutiny of the Justice Department’s practices during politically charged investigations.
EXCLUSIVE:
AT&T turned over private, personal cellphone records belonging to then-Speaker of the House
Kevin McCarthy
to then-special counsel Jack Smith in January 2023 during his investigation into the Jan. 6, 2021, Capitol riot, Fox News Digital has learned.
Fox News Digital first reported Thursday that Smith subpoenaed AT&T for
McCarthy’s records,
but AT&T had indicated to Senate Judiciary Committee Chairman Chuck Grassley that the company had not shared any of the former speaker’s phone records.
But Fox News Digital exclusively obtained a letter AT&T sent to Grassley, R-Iowa, citing the previous reporting, which led the telecommunications company to review the case and change its response.
JACK SMITH TARGETED THEN-HOUSE SPEAKER MCCARTHY’S PRIVATE PHONE RECORDS IN J6 PROBE, FBI DOCS REVEAL
Smith on Jan. 24, 2023, allegedly sought the “toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)”
The information was included as part of a “significant case notification” drafted by the FBI’s Criminal Investigative Division May 25, 2023.
AT&T, though, notified Grassley that the company received a subpoena for McCarthy’s records in January 2023, separate from the May 2023 subpoena for other toll records, and allegedly inadvertently supplied those personal cellphone records to Smith.
“AT&T is producing today a January 23, 2023 grand jury subpoena issued by former Special Counsel Jack Smith to AT&T, also accompanied by a non-disclosure order relating to the subpoena,” AT&T wrote.
AT&T referenced Fox News Digital’s exclusive reporting on the subpoena.
“We identified (the subpoena) yesterday as such based on the phone number in the subpoena,” the company continued. “Based on this newly found record, we write to correct our October 24, 2025 response, which was based (on) a reasonable review of our records at that time.
“AT&T’s Global Legal Demand Center receives hundreds of thousands of legal demands each year, and unlike the May 2023 subpoena discussed in our October 24 response, the subpoena we produced today did not seek records from a campaign account.
“Rather, as confirmed from press accounts, the subpoena sought records for a personal cellular phone number,” AT&T continued. “It also did not in any way indicate that the information sought related to a member of Congress. As a result, the subpoena processing center had no reason to believe that the phone number was associated with a member of Congress, and AT&T did not make further inquiries to the Special Counsel and produced the information as required by the subpoena.”
Former House Speaker Kevin McCarthy told Fox News Digital that “Jack Smith broke the law and seized my phone records as speaker of the House.”
“If corrupt justice will do it to the speaker, they’ll do it to anyone,” he said. “The DOJ has the authority and responsibility to hold him accountable.”
JACK SMITH TRACKED PRIVATE COMMUNICATIONS, CALLS OF NEARLY A DOZEN GOP SENATORS DURING J6 PROBE, FBI SAYS
Lawyers for Smith declined to comment.
AT&T had initially told Grassley that when the company received the May 2023 request for records, it “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.”
AT&T had also stressed that the company “has not produced any records or other information to Special Counsel Jack Smith” relating to “any member of Congress.”
The revelations come after Fox News Digital exclusively reported in October that Smith and his “Arctic Frost” team investigating the Jan. 6, 2021, Capitol riots were tracking the private communications and phone calls of nearly a dozen Republican senators as part of the probe, including senators Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Dan Sullivan of Alaska, Tommy Tuberville of Alabama and GOP Rep. Mike Kelly of Pennsylvania.
An official told Fox News Digital those records were collected in 2023 by Smith and his team after subpoenaing major telephone providers.Â
GOP SENATOR DEMANDS FBI REVEAL IF SURVEILLANCE WENT BEYOND JACK SMITH’S PHONE TRACKING
Smith has called his decision to subpoena and track Republican lawmakers’ phone records “entirely proper” and consistent with
Justice Department
policy.
“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 in October to Grassley.
Grassley and Johnson are investigating “Arctic Frost.”Â
“Arctic Frost” was opened inside the bureau April 13, 2022. Smith was appointed as special counsel to take over the probe in November 2022.Â
An FBI official told Fox News Digital that “Arctic Frost” is a “prohibited case” and that the review required FBI officials to go “above and beyond in order to deliver on this promise of transparency.” The discovery is part of a broader ongoing review, Fox News Digital has learned.
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Smith, after months of investigating, charged President
Donald Trump
in the U.S. District Court for Washington, D.C., in his 2020 election case. But after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request.Â
Smith’s case cost taxpayers more than $50 million.
