Senator Chuck Grassley, chairman of the Senate Judiciary Committee, delivered remarks on the Senate floor raising concerns about Special Counsel Jack Smith’s handling of subpoenas for congressional phone records during the so-called “Arctic Frost” investigation. Grassley alleged that the investigation, led by Smith and supported by Biden administration officials, was not only aimed at former President Trump but also targeted over 400 Republican groups and individuals.
Grassley stated that recent findings revealed the Special Counsel’s office obtained phone records from at least 11 senators and six members of the House of Representatives, all Republicans. He noted that each subpoena included a court-issued nondisclosure order, which prevented affected lawmakers from challenging them as permitted by law.
Grassley referenced Department of Justice (DOJ) documents he made public, including emails showing internal discussions about the constitutional risks of subpoenaing congressional data. According to Grassley, a May 17, 2023 email from Molly Gaston in Smith’s office to John Keller at DOJ’s Public Integrity Section sought advice on issuing such subpoenas. Keller warned there could be litigation risk due to potential violations of the Speech and Debate Clause, which protects legislators’ official activities.
Despite these warnings, Grassley said members of Congress were not given an opportunity to contest the subpoenas because of nondisclosure orders approved by Judge Boasberg and others. Most nondisclosure orders for lawmakers’ phone records were signed by Judge Boasberg.
On November 20, 2025, Grassley along with Senator Johnson and Representative Jordan wrote to Judge Boasberg seeking details about what information was presented to secure these nondisclosure orders and whether any requests had been denied. The response came from Judge Robert Conrad, Director of the Administrative Office for U.S. Courts, who did not fully answer their questions and cited concerns about separation of powers.
Grassley highlighted that according to Conrad’s letter, courts typically receive only a signifier like a phone number with nondisclosure requests—not enough information to know if it belonged to a member of Congress. This suggests Smith’s office may not have disclosed that some subpoenas targeted lawmakers’ records.
“The letter from Judge Conrad raises serious questions about Special Counsel Smith’s candor – or lack thereof – before the court,” Grassley said.
He further questioned whether judges performed adequate due diligence when approving these orders: “Did Boasberg and others even ask the question? Was even a small amount of due diligence done? Boasberg and others won’t say. Not asking these simple questions appear to be a clear dereliction of duty.”
Grassley concluded his remarks by stating his oversight would continue: “The actions by the Biden Justice Department and the federal court raise more questions that Congress and the American people deserve answers to... [T]his should never happen again in the United States of America.”
