Federal investigators secretly collected phone records belonging to two individuals who now hold top positions in the Trump administration, according to revelations made Wednesday by current FBI Director Kash Patel.
Patel disclosed to Reuters that the FBI issued subpoenas for his phone records and those of current White House Chief of Staff Susie Wiles during 2022 and 2023, when both were private citizens. The collection occurred during Special Counsel Jack Smith’s investigation into former President Donald Trump’s handling of classified documents and alleged election interference.
The FBI director characterized the record seizure as government overreach under the previous administration, claiming the files were deliberately hidden from oversight.
“It is outrageous and deeply alarming that the previous FBI leadership secretly subpoenaed my own phone records – along with those of now White House Chief of Staff Susie Wiles – using flimsy pretexts and burying the entire process in prohibited case files designed to evade all oversight,” Patel stated.
Smith received his appointment as special counsel in November 2022 to oversee the investigation examining whether Trump interfered with the 2020 election results and improperly retained classified materials at his Mar-a-Lago resort.
The phone record collection focused on what investigators call “toll records,” which show call timing and recipients but not conversation content. Federal authorities can obtain such records through subpoenas without requiring judicial approval.
According to Patel, investigators gathered the records during the period when Smith was examining allegations that Trump illegally removed classified documents to his Florida property after leaving office in 2021 and subsequently obstructed federal recovery efforts.
Both Patel and Wiles maintained close relationships with Trump during this timeframe. Patel had publicly stated in 2022 that Trump had declassified the Mar-a-Lago documents, though prosecutors challenged this assertion and Trump’s legal team never presented this argument in court proceedings.
Patel received a grand jury summons in connection with the case after being granted limited immunity from criminal prosecution. Both he and Wiles underwent questioning by investigators as part of Smith’s document retention probe.
The FBI director revealed that the phone records were stored in files marked “Prohibited,” making them difficult to locate within the bureau’s computer systems. He announced that he has recently eliminated the FBI’s ability to use this classification system.
Smith brought felony charges against Trump related to the classified documents investigation in 2023, though a federal judge later dismissed the case. Smith abandoned his appeal following Trump’s election victory. Trump has consistently denied any wrongdoing in connection with Smith’s investigations.
Congressional Democrats have previously supported Smith’s investigative methods, arguing that subpoenaing phone records and collecting other evidence was appropriate for thoroughly examining allegations of misconduct by Trump and his associates.
Phone record collection represents a standard investigative practice, even involving prominent individuals, as authorities work to establish case facts and identify potential participants in alleged incidents.
The record collection continued into Wiles’ tenure as Trump’s co-campaign manager, though Patel did not specify exact start and end dates for the surveillance period.
Republican leadership has previously criticized Smith’s investigative approaches, particularly his collection of phone records from U.S. senators and other GOP officials during his examination of alleged attempts to overturn the 2020 presidential election.
During previous testimony, Smith defended his record collection practices, stating they helped investigators confirm the timeline surrounding the January 6 Capitol riot and that prosecutors “followed all legal requirements in getting those records.” He assured lawmakers that the collected records did not include conversation content.
A federal judge issued a permanent order Monday preventing the Justice Department from releasing Smith’s report on the documents investigation. Smith has informed Congress that court orders prohibit him from discussing investigation aspects not previously revealed in court documents.
Smith previously told congressional members that his investigators had significant concerns about obstruction of justice during their probes. He informed lawmakers that his office “followed Justice Department policies, observed legal requirements and took actions based on the facts and the law.”
Representatives for Smith declined to provide comments regarding Patel’s allegations. Former Attorney General Merrick Garland, who appointed Smith as special counsel, former FBI Director Chris Wray, and President Biden have not responded to requests for comment. The White House and Wiles also have not issued statements.
