Grassley announced Wednesday that FBI files made public by his office stemmed from Smith’s “Arctic Frost” probe — the same operation that previously drew concern for secretly obtaining phone and financial records from Republican lawmakers and affiliated organizations. According to the FBI records, Smith’s team issued 197 subpoenas to 34 individuals and 163 entities, including banks and political groups, requesting information on more than 400 people and organizations connected to the Republican Party. Among those reportedly referenced were Turning Point USA and the Republican Attorneys General Association.
The documents build on a series of Breitbart News investigations describing how Smith’s appointment and prosecutorial actions were tied to broader “lawfare” efforts against President Donald Trump and his allies. Reporting from August and October detailed how FBI Director Kash Patel uncovered hidden “lockbox” files showing that Smith’s team had tracked communications of sitting lawmakers in 2023. Patel subsequently dismissed the agents involved and opened internal reviews into the matter.
House Judiciary Committee Chairman Jim Jordan (R-OH) has demanded that Smith testify before Congress about his handling of the Trump investigations and his use of subpoenas against elected officials. Jordan’s letter cited what he called “politically motivated” conduct, echoing earlier findings from the Office of Special Counsel, which launched an inquiry into possible Hatch Act violations. Smith’s London remarks earlier this month — in which he defended prosecutorial independence and denied partisanship — came just days before Wednesday’s release of the additional FBI records.
The FBI files also renewed focus on Judge Boasberg, who signed orders permitting Smith’s team to obtain lawmakers’ cell data while prohibiting companies such as AT&T from notifying them. Boasberg, appointed by former President Barack Obama and now serving as chief judge in Washington, D.C., has faced prior criticism for rulings that impacted Trump administration policies. Breitbart News Editor-in-Chief Alex Marlow has extensively documented Boasberg’s role in the Russiagate surveillance controversy. Breitbart News has also covered Boasberg’s orders halting deportation flights of illegal aliens, and a judicial memo revealing what colleagues described as his “concern” over Trump creating a constitutional crisis.
Republican senators who were named or affected by the subpoenas have accused Boasberg of overreach, calling for investigations and, in some cases, impeachment proceedings in the House. Several lawmakers compared the scope of Smith’s actions to Watergate, citing what they described as an abuse of investigative power under the Biden Justice Department.
Smith’s appointment as special counsel was later ruled unconstitutional by a federal court, and both cases he brought against Trump — over classified documents and the 2020 election — were dropped after Trump’s return to office. Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco, and FBI Director Christopher Wray had authorized Smith’s operation at the time, according to prior disclosures from Grassley’s office.
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