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Emails Show Smith Team Proceeded Despite Legal Risk in Secret Push for GOP Phone Records

New releases from two Republican senators indicate court-approved gag orders accompanied subpoenas for lawmakers’ toll data.

Overview

  • Internal DOJ emails show Public Integrity official John Keller warned of possible Speech or Debate Clause litigation as he concurred with issuing the subpoenas in May 2023.
  • Prosecutors sought phone metadata for nearly a dozen Republicans covering Jan. 4–7, 2021, under nondisclosure orders approved by Judge James Boasberg.
  • A grand jury subpoena targeting House Judiciary Chair Jim Jordan requested nearly two years of records, extending beyond the shorter windows used for others.
  • Investigators already possessed some members’ call details from a Rudy Giuliani subpoena and said direct requests would reveal additional contacts.
  • Lawmakers have responded with oversight and legislation, including a House vote to repeal a $500,000 damages provision that Senate Majority Leader John Thune has defended.