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EXCLUSIVE: AT&T disclosed private cellphone records linked to then-Speaker of the House Kevin McCarthy to former Special Counsel Jack Smith in January 2023, amidst his investigation into the January 6, 2021, Capitol riot, Fox News Digital has confirmed.
Fox News Digital first reported that Smith had subpoenaed AT&T for McCarthy’s records. However, the telecommunications giant previously informed Senate Judiciary Committee Chairman Chuck Grassley that it had not shared any of the former speaker’s phone records.
In an exclusive report, Fox News Digital obtained a letter from AT&T to Grassley, highlighting the company’s reconsideration following earlier discussions, which prompted the review of the case.
By January 24, 2023, Smith allegedly sought the toll records for the personal cell phones of McCarthy, who uses AT&T, as well as U.S. Representative Louie Gohmert, a user of Verizon.
This information surfaced as part of a significant case notification prepared by the FBI’s Criminal Investigative Division on May 25, 2023.
AT&T, when notifying Grassley, confirmed that it had received a separate subpoena for McCarthy’s records in January 2023. This request was unrelated to the May 2023 subpoena for additional toll records, and it appears the company inadvertently handed over these personal cellphone records to Smith.
AT&T explained, “We are producing today a January 23, 2023 grand jury subpoena issued by former Special Counsel Jack Smith to AT&T, accompanied by a non-disclosure order related to the subpoena.” The letter referenced the ongoing media coverage of the subpoena.
The company stated, “We identified the subpoena yesterday due to the phone number in question. Based on this newly discovered record, we corrected our October 24, 2025 response, which was formulated based on a reasonable review of our records at that time.”
Addressing their processes, AT&T continued, “Our Global Legal Demand Center processes hundreds of thousands of legal demands yearly. Unlike the May 2023 subpoena, the January request did not seek records from any campaign account. Instead, it sought records linked to a personal cellular phone number.”
The telecommunications company asserted that the subpoena contained no indication it was associated with a congressional member. Therefore, AT&T had no grounds to assume the number belonged to a member of Congress, leading them to fulfill the subpoena without further inquiry from the Special Counsel.
Former House Speaker Kevin McCarthy criticized the situation, asserting that “Jack Smith broke the law and seized my phone records as Speaker of the House.” He remarked, “If corrupt justice can do this to the Speaker, it can target anyone. The Department of Justice must hold him accountable.”
Lawyers representing Smith opted not to comment on this matter.
Initially, AT&T informed Grassley that upon receiving the May 2023 request for records, it raised questions with Smith’s office about the legal rationale for asking member records. However, the Special Counsel did not pursue the subpoena further, and consequently, no records were generated.
Moreover, AT&T emphasized that it had not provided records or information related to any congressional member to Smith.
The unfolding revelations follow Fox News Digital’s report in October that Smith and his team, referred to as “Arctic Frost,” were monitoring private communications and calls of several Republican senators as part of their investigation into the Capitol riots. This group included Senators like Lindsey Graham, Marsha Blackburn, Ron Johnson, Josh Hawley, Cynthia Lummis, Bill Hagerty, Dan Sullivan, Tommy Tuberville, and GOP Representative Mike Kelly.
An official indicated that those records were collected in 2023 after Smith’s team issued subpoenas to major telephone companies.
In conjunction with these events, one GOP senator demanded that the FBI disclose whether surveillance extended beyond Smith’s phone tracking.
Smith defended his strategy of subpoenaing Republican lawmakers’ phone records, labelling the actions as entirely appropriate and in alignment with Justice Department policies.
In a letter to Grassley in October, Smith’s lawyers articulated, “The toll data collection was narrowly tailored and restricted to the four-day span from January 4 to January 7, 2021, focusing on telephonic activities surrounding the January 6 riots at the U.S. Capitol.”
Senators Grassley and Ron Johnson are currently investigating the “Arctic Frost” initiative. This investigation was initiated within the bureau on April 13, 2022, with Smith appointed as special counsel to oversee the inquiry in November 2022.
An FBI official revealed that “Arctic Frost” is classified as a prohibited case, necessitating additional scrutiny to uphold the commitment to transparency. This revelation is part of a broader ongoing review, as confirmed by sources familiar with the matter.
The probe led by Smith, which subsequently charged President Donald Trump in the U.S. District Court for Washington, D.C., concerning the 2020 election, faced significant complications. After Trump’s election, Smith sought to dismiss the case, and Judge Tanya Chutkan granted that request.
Additionally, the investigation reportedly cost taxpayers over $50 million, raising concerns regarding the efficiency of such high-profile inquiries.
The situation unfolds against a backdrop of increasing scrutiny over the methods employed in high-stakes investigations targeting public officials and their relations with major telecommunications providers.
