Hawkeye Reporter

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Senate Permanent Subcommittee on Investigations Chairman Ron Johnson (R-Wis.), together with 16 other members of Congress, have formally requested that the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) release all records related to the Biden administration’s Arctic Frost investigation. The lawmakers are specifically seeking documents concerning the FBI’s collection of phone data from sitting members of Congress.

The request comes after whistleblowers approached Grassley in January to report possible misconduct by the FBI. Grassley later released an FBI document indicating that Special Counsel Jack Smith and the FBI had subpoenaed tolling data for the personal cell phones of eight Republican senators and one Republican member of the House of Representatives. The Arctic Frost investigation later became part of Smith’s elector case.

In their letter, the lawmakers stated: “Given that these materials relate to an unprecedented collection of records and information on sitting [Members of Congress] and raise serious constitutional concerns, Congress’ need for these records clearly outweighs any interest in secrecy.” They continued, “Further, the unprecedented nature of the DOJ’s and FBI’s actions in collecting [Members of Congress’] communication records falls squarely within Congress’ constitutional duty to thoroughly investigate potential abuses of power and creates a uniquely exceptional circumstance that demands the release of otherwise protected records.”

The letter was signed by all members known to have been targeted in Arctic Frost as well as all Republican members of the Senate Judiciary Committee. Signatories include Senators Marsha Blackburn, Lindsey Graham, Bill Hagerty, Josh Hawley, Cynthia Lummis, Dan Sullivan, Tommy Tuberville, John Cornyn, Mike Lee, Ted Cruz, Thom Tillis, John Kennedy, Eric Schmitt, Katie Britt; Representative Mike Kelly; and Ashley Moody.

During a recent briefing by FBI Deputy Director Dan Bongino on October 6th regarding Arctic Frost—which evolved into Jack Smith’s case against former President Trump—lawmakers were informed that by September 27, 2023, the FBI had obtained call logs from at least nine members of Congress covering January 4-7, 2021. However, according to Bongino, many relevant records are currently inaccessible due to federal grand jury secrecy rules.

The lawmakers are requesting unredacted copies of all communications relating to the collection of congressional call logs as part of Arctic Frost. This includes communications among DOJ and FBI personnel; communications with individuals from the White House or other agencies about which lawmakers' call logs were targeted; legal processes used; discussions about further investigative actions; contacts with cell phone carriers; any analysis conducted on call logs; copies of subpoenas served; and lists identifying both directly targeted lawmakers and those indirectly affected through their communications.

They further ask that if any materials fall under grand jury secrecy requirements—specifically Federal Rule of Criminal Procedure 6(e)—the DOJ should seek judicial authorization for their release. The lawmakers wrote: “Given that these materials relate to an unprecedented collection of records and information on sitting MOCs and raise serious constitutional concerns, Congress’ need for these records clearly outweighs any interest in secrecy. Further, the unprecedented nature of the DOJ’s and FBI’s actions in collecting MOC’s communication records falls squarely within Congress’ constitutional duty to thoroughly investigate potential abuses of power and creates a uniquely exceptional circumstance that demands the release of otherwise protected records.”

The letter also requests ongoing updates from both agencies about related investigations or activities. Lawmakers emphasized their expectation for transparency so that any targeting or wrongdoing involving elected officials is fully investigated.