Verizon complied with Jack Smith subpoenas while AT&T refused records

FIRST ON FOX: Two main telephone firms took starkly totally different paths when former particular counsel Jack Smith’s crew subpoenaed Republican lawmakers’ telephone data in 2023, in keeping with the redacted subpoenas and letters first shared with Fox Information Digital.

The paperwork, offered by the workplace of Sen. Chuck Grassley, R-Iowa, reveal Verizon’s compliance and AT&T’s resistance when confronted with Smith’s requests, which have been a part of Arctic Frost, the FBI investigation that led to Smith submitting election fees in opposition to President Donald Trump.

The 12 telephone numbers on the subpoena to Verizon are redacted and changed by Grassley’s workplace with the names of the lawmakers related to them. They embody a member of the Home of Representatives and 10 senators, together with Sen. Rick Scott, R-Fl., whose title was not beforehand reported.

AT&T acquired an identical request, in keeping with a second subpoena. The corporate advised Grassley that the subpoenaed telephone data have been linked to 2 lawmakers, together with Sen. Ted Cruz, R-Texas, in keeping with a supply immediately aware of the matter. The supply mentioned AT&T declined to establish the second individual.

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Jack Smith, then particular counsel, speaks throughout a press convention in Washington, August 1, 2023. (Al Drago/Bloomberg through Getty Photographs)

The 2 subpoenas have been accompanied by silence orders signed by U.S. District Decide James Boasberg of Washington, D.C., ordering the 2 telephone firms to not disclose the subpoenas to lawmakers for one 12 months. Prosecutors could search such silence orders to briefly hold investigative issues confidential.

The telephone firms additionally wrote letters to Grassley, first shared with Fox Information Digital, explaining how they dealt with the subpoenas they acquired, highlighting two totally different approaches.

Verizon justified complying with the subpoenas by saying they have been “face legitimate” and contained solely telephone numbers, not names. Verizon mentioned that with the good thing about hindsight and up to date conversations with the Senate Sergeant at Arms, who handles Congress’s phone providers, it has adjusted its coverage to make it tougher for regulation enforcement requests involving members of Congress.

AT&T, in the meantime, didn’t adjust to the subpoenas.

“When AT&T raised questions with Particular Counsel Smith’s workplace in regards to the authorized foundation for requesting data from members of Congress, the particular counsel didn’t proceed with the subpoena and no paperwork have been produced,” wrote AT&T Basic Counsel David Chorzempa.

Senator Chuck Grassley speaks at a information convention on the Arctic Frost probe with different members of the Senate Judiciary Committee, weeks after the continuing US authorities shutdown in Washington, DC, October 29, 2025. (REUTERS/Annabelle Gordon)

The discharge of copies of the subpoenas and new particulars from telephone firms comes after Grassley printed a one-page FBI doc earlier this month indicating the existence of the subpoenas and naming many of the senators. Amongst them have been Republican Sens. Marsha Blackburn, Josh Hawley, Lindsey Graham, Invoice Hagerty, Dan Sullivan, Tommy Tuberville, Ron Johnson and Cynthia Lummis.

Cruz later revealed he was within the combine, and Scott introduced Thursday that he too was a goal.

Grassley mentioned Wednesday that Smith’s subpoena to Verizon additionally included Cruz’s workplace landline. Verizon’s letter to Grassley famous that there have been no particulars Smith might present concerning the landline request.

The 2 subpoenas to Verizon and AT&T search toll data for a four-day interval surrounding the January 6 riot on the Capitol. They don’t embody the contents of telephone calls or messages, which might require a warrant, however they do embody: “[call] element data for incoming and outgoing calls, textual content messages, direct connection and voicemail messages” and telephone quantity subscriber and fee data.

Information of the subpoenas sparked outrage amongst senators, who claimed that Smith was improperly spying on them and that Arctic Frost was “worse” than the Watergate scandal. Lawmakers have raised quite a few constitutional issues, together with claims that the subpoenas violated the Speech and Debate Clause, which provides lawmakers an added layer of immunity from investigations.

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Sen. Ted Cruz, R-Texas, famous that he himself has confronted media scrutiny however mentioned points will be resolved in civil court docket. (AP Picture/Michael Wyke)

In response, Smith mentioned in a letter by his legal professionals that he included the phone data of senators’ subpoenas in his public closing particular counsel report and that the subpoenas have been narrowly tailor-made to the four-day interval and “utterly correct.”

Smith has requested Home and Senate lawmakers to permit him to testify earlier than them at a public listening to about his work as particular counsel. Nonetheless, Home Judiciary Committee Chairman Jim Jordan, R-Ohio, desires to query Smith behind closed doorways and Grassley has mentioned he wants extra data earlier than internet hosting Smith in a public setting.

The DOJ has issued subpoenas up to now for data from lawmakers however former inspector generals Michael Horowitz warned in opposition to it besides in restricted circumstances in a report printed final 12 months, saying it “dangers empowering Congress to train oversight of the manager department.”

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Horowitz’s warning got here in response to the preliminary subpoena of telephone data from U.S. Rep. Eric Swalwell, D-Calif., and then-Trump administration consultant. Adam Schiff, D-Calif., and dozens of congressional staffers from each events as a part of an investigation into the leaking of labeled data to the media.

Regardless of having extra constitutional protections, members of Congress can nonetheless be investigated and prosecuted. Former Democratic Senator Bob Menendez’s telephone data have been seized whereas he was in workplace. Menendez is now in jail after a jury discovered him responsible of corruption fees final 12 months.

Learn copies of the Verizon and AT&T letters and the subpoenas beneath.

App customers:

Click on to learn the Verizon letter

Click on to learn Verizon’s subpoena

Click on to learn the AT&T letter

Click on to learn AT&T’s subpoena