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Biden-era phone spying list grows to include Rep. Jim Jordan

Add Rep. Jim Jordan’s name to the growing list of congressional Republicans and top GOP operatives who were spied on by President Biden’s Justice Department

Mr. Jordan, chairman of the House Judiciary Committee, released new documents showing the Biden Justice Department secretly subpoenaed his phone records in April 2022 during its burgeoning “Arctic Frost” investigation of President Trump’s actions in his first term.

The Justice Department obtained a grand jury subpoena ordering Verizon to turn over Mr. Jordan’s phone records, “including but not limited to records for inbound and outbound calls, text messages, direct-connect communications, voicemail messages, addresses, as well as sources of payments, IP addresses, and location information.”  

The broad request sought Mr. Jordan’s phone records dating back to January 2020, a full year before the end of Mr. Trump’s first term and long before the divisive aftermath of the 2020 election that sparked the Biden administration’s Arctic Frost probe.

Verizon was ordered not to inform Mr. Jordan of the Justice Department’s subpoena. 

Mr. Jordan joins a growing list of Republican senators and House GOP lawmakers whose phone records were secretly subpoenaed by Mr. Biden’s Justice Department

Special Counsel Jack Smith and his legal team, under “Arctic Frost,” issued an additional 197 subpoenas seeking records and communications of more than 430 individuals and organizations, and all appear to be Republican. 

Those targeted included Trump advisers Stephen Miller and Dan Scavino, and the president’s son- and daughter-in-law, Jared Kushner and Lara Trump, who all worked for the first Trump administration or the Trump campaign. Subpoenas were issued to individuals and businesses seeking statistical data and analysis relating to GOP fundraising, as well as individual communications with a slew of national media outlets, among them CBS and Fox News. 

The records of more than a dozen members of Congress were secretly subpoenaed, but not until May 2023.

Among those targeted was then-chairman of the Senate Judiciary Committee, Lindsey Graham of South Carolina, former House Speaker Kevin McCarthy of California, and Sen. Rick Scott of Florida. 

Like Mr. Jordan, the lawmakers had no idea their records were under secret government scrutiny. 

Either a grand jury or a judge ordered the phone companies to keep it hidden from them.

“They spied on President Trump. They spied on Senators. Now, we just learned, they spied on me. If they can do it to us, they can do it to you,” Mr. Jordan said. 

All of the secretly surveilled lawmakers are vocal Trump supporters and generally supported the president’s efforts after the 2020 election to contest or at least question Mr. Biden’s narrow swing-state victories. 

Most of the Biden-era subpoenas that the GOP have uncovered so far sought a narrow timeframe of records from lawmakers dating from Jan. 4 to Jan. 7, 2021. 

The dates appear to relate specifically to the Jan. 6, 2021, riot at the Capitol that became a focus of the Arctic Frost probe. 

It’s not clear why the Justice Department sought a much more extensive dragnet of Mr. Jordan’s phone records extending back to January 2020, a full year before the end of Mr. Trump’s first administration. 

At the time, Mr. Jordan was the top Republican on the House Oversight and Government Reform Committee. Later that year, he moved to the Judiciary Committee, where he has served as the top GOP lawmaker and is now the chairman. 

“That’s a whole year unexplained,” aides to Mr. Jordan posted on social media. “Doesn’t make sense.”

Mr. Smith was not assigned to lead the Arctic Frost investigation until November 2022. The subpoena seeking Mr. Jordan’s phone records, dated April 29, 2022, is signed by Kenneth Polite, who was assistant attorney general in the criminal division, and another attorney in the criminal division, Timothy Duree.

Mr. Duree left the Justice Department in January, and Mr. Polite entered the private sector in 2023. The Washington Times reached out to both individuals.

On Thursday, Mr. Jordan and two top senators sent a letter to U.S. District Judge James Boasberg, who approved 19 of the non-disclosure orders that blocked the phone companies from informing lawmakers of the government subpoenas of their data. 

They asked Judge Boasberg to answer a series of questions about his decision to sign the gag orders, including whether he was aware sitting members of Congress were the subjects of the subpoenas and that two of the phone numbers were issued from the Senate sergeant-at-arms. 

“It is absurd on its face to suggest that a non-disclosure order would be required for sitting Senators, who had been accused of no crime, out of fear they would destroy evidence, intimidate witnesses and otherwise damage the investigation,” wrote Mr. Jordan, Senate Judiciary Committee Chairman Charles E. Grassley of Iowa and Sen. Ron Johnson of Wisconsin, who chairs the permanent subcommittee on investigations.

Senators said the subpoenas were unlawful, and they have also written to Attorney General Pam Bondi, asking her to unseal the application for the gag orders, which would disclose the Justice Department’s reasoning for keeping the subpoenas hidden from the lawmakers. 

Jack Smith and the Biden DOJ spied on their political opponents, violated the Constitution, and weaponized the justice system to target members of Congress—all in an effort to go after President Trump,” Mr. Scott wrote to Ms. Bondi. 

Mr. Smith has offered to testify publicly before the Senate about his oversight of Arctic Frost. His investigation led to Mr. Trump’s criminal indictment on Aug. 1, 2023, for his actions after the 2020 election.

A judge dismissed the charges after Mr. Trump won a second term last November.

In January, Mr. Smith said he stood by his decision to indict Mr. Trump and believes Mr. Trump would have been convicted of election interference if he had not been elected president a second time. Mr. Smith said Mr. Trump made “knowingly false claims of election fraud” to try to overturn the election results in 2020.

Mr. Trump said he did nothing wrong and was contesting evidence of fraud and mishandling of election results.

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