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Smith Team Defends Jan. 6 Phone-Record Subpoenas as Cruz Named in New Report

Smith’s lawyers say the subpoenas were lawful, narrow, excluding call content.

Overview

  • Axios reported that Sen. Ted Cruz’s cellphone records were subpoenaed for Jan. 4–7, 2021, but a source said AT&T did not comply and his data was not analyzed.
  • Attorneys Lanny Breuer and Peter Koski told Sens. Chuck Grassley and Dick Durbin that investigators sought only toll records, which show numbers, times and durations, not call audio or messages.
  • The letter describes the requests as confined to four days around the Capitol attack to assess reports that Trump and his allies tried calling senators to delay certification.
  • Smith’s team cited prior uses of toll records by the Justice Department, including Special Counsel Robert Hur’s Biden documents probe and cases involving Sen. Bob Menendez and past leak investigations.
  • Republican lawmakers have demanded inquiries, urged disciplinary referrals, pressed telecoms such as Verizon, AT&T, T‑Mobile and Lumen for disclosures, and sought Smith’s testimony.