Special Counsel Jack Smith received former House Speaker Kevin McCarthy’s phone records from AT&T during his investigation into the Jan. 6 Capitol riot.
Last week, Fox News initially reported that Smith “subpoenaed AT&T for McCarthy’s records, but AT&T had indicated to Senate Judiciary Committee Chairman Chuck Grassley that the company had not shared any of the former president’s phone records.”
The outlet later obtained a letter AT&T sent to Grassley indicating that the former House Speaker’s records were shared with Jack Smith:
Smith, on January 24, 2023, allegedly sought the “toll records from the personal cell phones of U.S. House Speaker Kevin McCarthy (AT&T) and U.S. Rep. Louie Gohmert (Verizon).”
The information was included as part of a “major case notification” drafted by the FBI Criminal Investigation Division on May 25, 2023.
However, AT&T notified Grassley that the company received a subpoena for McCarthy’s records in January 2023, separate from the May 2023 subpoena for other toll records, and allegedly inadvertently provided those personal cell phone records to Smith.
AT&T said the subpoena “seeked records for a personal cell phone number” and in no way “indicated that the requested information related to a member of Congress.”
“Yesterday we identified (the subpoena) as such based on the phone number listed on the subpoena,” the company said. “Based on this newly found record, we write to correct our response of October 24, 2025, which was based on a reasonable review of our records at that time.”
“AT&T’s Global Legal Complaint Center receives hundreds of thousands of legal complaints each year, and unlike the May 2023 subpoena discussed in our October 24 response, the subpoena we filed today did not seek records from a campaign account,” he continued. “Rather, as media reports confirmed, the subpoena sought records of a personal cell phone number. It also did not indicate in any way that the information sought was related to a member of Congress.”
“As a result, the subpoena processing center had no reason to believe that the phone number was associated with a member of Congress, and AT&T did not make further inquiries to the special counsel and produce the information required by the subpoena,” he concluded.
Kevin McCarthy said in a statement to Fox News that “Jack Smith broke the law and seized my phone records as Speaker of the House.”
“If the corrupt justice system does it to the president, it will do it to anyone,” he said. “The Department of Justice has the authority and responsibility to hold him accountable.”
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