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Jack Smith defends subpoenaing Republican senators’ phone records: ‘Entirely proper’
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Former special counsel Jack Smith is standing by his 2023 decision to subpoena several Republican lawmakers’ phone records, calling the move «entirely proper» and consistent with Justice Department policy.
Smith said through his lawyers in a letter obtained by Fox News Digital that the subpoenaed data, known as toll records, belonging to eight senators and one House member were carefully targeted to support his investigation into President Donald Trump’s alleged subversion of the 2020 election.
«As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,» Smith’s lawyers wrote Tuesday to Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.
JACK SMITH INVESTIGATORS NEED TO ‘PAY BIG’ FOR JAN. 6 PHONE RECORDS PROBE, WARNS SEN. GRAHAM
Former special counsel Jack Smith delivers remarks on an unsealed indictment, including four felony counts against President Donald Trump, Aug. 1, 2023, in Washington. (Drew Angerer/Getty Images)
Toll records do not reveal the contents of phone calls but instead reveal when calls were made and to whom.
Smith’s lawyers said that although Grassley, who brought the subpoenas to light, has not reached out to Smith, they felt compelled to write to the chairman to address claims from Republicans that Smith improperly spied on lawmakers.
Grassley responded to the letter, saying he would continue an unbiased probe into Arctic Frost, the name of the FBI investigation that led to Smith’s election-related prosecution of Trump.
«I’m conducting an objective assessment of the facts&law like he says he wants So far we exposed an anti-Trump FBI agent started the investigation/broke FBI rules &only REPUBLICANS were targeted SMELLS LIKE POLITICS,» Grassley wrote on X.
The targeted senators included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina.
In addition to the eight senators, Sen. Ted Cruz, R-Texas, told Fox News’ Sean Hannity Tuesday that he recently discovered Smith also attempted to subpoena his toll records but that his phone company, AT&T, did not hand them over.
DEM REP DEFENDS DOJ OBTAINING GOP SENATOR CALL RECORDS IN 2023: ‘YOU WEREN’T SURVEILLED’
Sen. Ted Cruz, R-Texas. (Kayla Bartkowski/Getty Images)
The Republicans have broadly claimed they were inappropriately spied on, and compared Arctic Frost to the Watergate scandal.
Smith’s lawyers emphasized the normalcy of seeking out phone records and said that public officials are not immune from investigation.
Smith brought four criminal charges against Trump alleging he illegally attempted to overturn the results of the 2020 election, but he dismissed the charges after Trump won the 2024 election, citing a DOJ policy that discourages prosecuting sitting presidents.
Former special counsel Robert K. Hur testifies before the House Judiciary Committee on March 12, 2024, in Washington. (Win McNamee/Getty Images)
Former special counsel Robert Hur sought toll records during his investigation into former President Joe Biden’s handling of classified documents. The DOJ subpoenaed phone records of former Democratic Sen. Robert Menendez, who is serving prison time after he was convicted in 2024 of corruption charges.
The first Trump administration subpoenaed phone records of Rep. Eric Swalwell, D-Calif., and then-Rep. Adam Schiff, D-Calif., and dozens of congressional staffers from both parties as part of a leak investigation.
Former DOJ inspector general Michael Horowitz warned in a report about the leak probe that lawmakers’ records should only be subpoenaed in narrow circumstances because it «risks chilling Congress’s ability to conduct oversight of the executive branch.»
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Smith’s lawyers also disputed FBI Director Kash Patel’s accusations that he attempted to hide the subpoenas «in a lockbox in a vault,» noting that the former special counsel mentioned subpoenaing senators’ records in a footnote of his final special counsel report.
«Moreover, the precise records at issue were produced in discovery to President Trump’s personal lawyers, some of whom now serve in senior positions within the Department of Justice,» Smith’s lawyers said.
Read Smith’s letter below. App users click here.
justice department,fbi,senate,chuck grassley,politics,lindsey graham,donald trump,ted cruz
INTERNACIONAL
Top Canadian officials to visit Greenland amid international fears as Trump eyes NATO-linked territory
‘We need Greenland’: Trump
President Donald Trump tells reporters aboard Air Force One why the United States needs Greenland for ‘national security.’ (Credit: The White House/YouTube)
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Countries across the globe are voicing their concerns as President Donald Trump appears to eye Greenland for what he says are reasons relating to U.S. national security. Amid the developing controversy, two top Canadian officials are reportedly planning to visit Greenland — and possibly open an embassy there.
Canadian Foreign Minister Anita Anand and Governor General Mary Simon, who is of Inuk descent, are expected to visit Greenland in early February, according to The Associated Press. Simon became Canada’s first indigenous governor general — the representative of Britain’s King Charles as head of state — in 2021 and previously served as Canada’s ambassador to Denmark.
The visit comes as Canada plans to open a consulate in Greenland.
CANADA TO OPEN GREENLAND CONSULATE AFTER TRUMP’S PUSH TO ACQUIRE ISLAND
Canadian Prime Minister Mark Carney meets with Prime Minister of Denmark Mette Frederiksen at the Canadian Embassy in Paris, Tuesday, Jan. 6, 2026. (Christinne Muschi/The Canadian Press via AP)
«The future of Greenland and Denmark are decided solely by the people of Denmark,» Prime Minister Mark Carney said when meeting with Danish Prime Minister Mette Frederiksen at Canada’s embassy in Paris, the AP reported. The two leaders were in France for a meeting of the Coalition of the Willing focusing on Ukraine.
Frederiksen praised Carney and expressed confidence in NATO’s ability to maintain security in the Arctic region.
«You have been very clear in your statement when it comes to the respect for national sovereignty,» Frederiksen said to Carney. «We are both into securing the Arctic region and together with all our NATO allies we can secure the region, so hopefully everybody is willing to work together.»
Trump recently made waves when he renewed his call for the U.S. to annex Greenland, which he asserts would be a key element of U.S. security.
«We need Greenland, from a national security situation,» Trump told reporters aboard Air Force One. «Right now, Greenland is covered with Russian and Chinese ships all over the place. We need Greenland from the standpoint of national security, and Denmark is not going to be able to do it.»
A «Make America Go Away» baseball cap, distributed for free by Danish artist Jens Martin Skibsted, is arranged in Sisimiut, Greenland, on March 30, 2025. (Juliette Pavy/Bloomberg via Getty Images)
TRUMP WARNS ‘SICK’ SOUTH AMERICAN LEADER, REITERATES ‘WE NEED GREENLAND’ FOR NATIONAL SECURITY
White House deputy chief of staff Stephen Miller insisted on Monday that no one would oppose U.S. military action in Greenland. He told CNN’s Jake Tapper, «Nobody is going to fight the United States militarily over the future of Greenland,» Axios reported.
The remarks drew the ire of leaders from Canada, France, Germany, Italy, Poland, Spain and the U.K. who joined Frederiksen in defending the sovereignty of Greenland, which is an Inuit self-governing territory of the kingdom of Denmark. Canada’s decision to get involved in the tussle also comes after Trump made remarks about turning it into the 51st state.
President Donald Trump’s new envoy to Greenland said Tuesday the administration wants to open a dialogue with residents of the territory and that the U.S. is not looking to «conquer» the island. (Leon Neal/Getty Images; Allison Robbert/Bloomberg via Getty Images)
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A statement from Frederiksen, French President Emmanuel Macron, German Chancellor Friedrich Merz, Italian Prime Minister Giorgia Meloni, Polish Prime Minister Donald Tusk, Spanish Prime Minister Pedro Sánchez and British Prime Minister Keir Starmer asserted, «Greenland belongs to its people.»
«It is for Denmark and Greenland, and them only, to decide on matters concerning Denmark and Greenland,» the statement read.
Anand and Simon’s offices did not immediately respond to Fox News Digital’s request for comment.
world,canada,greenland,nato,donald trump
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Fuertes nevadas en Europa: de Madrid a Londres, las mejores imágenes de las ciudades y los monumentos vestidos de blanco
Los Jardines de Luxemburgo cubiertos de nieve en París.
Los Jardines de Luxemburgo cubiertos de nieve en París.
Los Jardines de Luxemburgo cubiertos de nieve en París.
Emmanuel Macron recibió al primer ministro británico Keir Starmer en el Palacio del Elíseo, bajo nieve. Foto ReutersCientos de vuelos cancelados en Amsterdam
La nieve acumulada en la entrada del Aeopuerto de Schiphol en Amsterdam, este martes. Foto REUTERS/Piroschka van de Wouw
Vuelos cancelados y demorados en Schiphol, en Amsterdam, por la tormenta de nieve. Foto REUTERS/Piroschka van de Wouw
La nieve acumulada en la entrada del Aeopuerto de Schiphol en Amsterdam, este martes. Foto REUTERS/Piroschka van de WouwLondres, Madrid y Frankfurt
Una mujer pasea a su bebé en las calles nevadas de Londres, este martes. Foto EFE
El Regent’s Canal, en Londres, congelado por la tormenta de frío. Foto EFE
El Regent’s Canal, en Londres, congelado por la tormenta de frío. Foto EFE
Botes varados en un canal de Londres. Foto AP
Nieve en el Parlamento en Londres. Foto REUTERS/Toby Melville
Pingüinos en el zoológico de Londres, este martes. Foto EFE
Techos cubiertos de nieve en las afueras de Frankfurt, en Alemania, este martes. Foto AP
Un yate de lujo, varado y extraído del río Rin. Foto AP
Vista cenital de árboles en Frankfurt. Foto EFE
Nieve en Frankfurt. Foto EFE
INTERNACIONAL
DOJ charges ex-Georgia Democrat lawmaker with allegedly fraudulently obtaining COVID unemployment benefits
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A former Georgia state Democrat lawmaker was federally charged for allegedly fraudulently obtaining nearly $14,000 in coronavirus-era unemployment benefits.
The development comes after Karen Bennett, who used to represent state House District 94, wrote a letter to Georgia Gov. Brian Kemp on Dec. 30 announcing that she would be «retiring» from her position on New Year’s Day after 12 years of service, according to FOX 5 Atlanta.
«As a result of the false application and certifications, Bennett collected a total of $13,940 of PUA [Pandemic Unemployment Assistance Program] benefits and federal supplements to which she was not entitled,» Theodore Hertzberg, the U.S. Attorney for the Northern District of Georgia, wrote in a court filing this week.
Prosecutors allege the former representative applied for PUA benefits in May 2020 and disclosed that she worked for the Georgia General Assembly and ran Metro Therapy, a private business where her role consisted «of providing in-home physical therapy services.» They said in the application, Bennett claimed the job was «her primary occupation and primary means of livelihood» and that the «pandemic prevented her from performing any service in connection with» Metro Therapy.
GRETCHEN WHITMER CONFRONTED ON ‘WEIRD’ COVID RESTRICTIONS, SAYS SHE DID HER BEST WITH POO INFORMATION
Karen Bennett, a Democrat who represented House District 94 in Georgia, is now facing a federal charge for allegedly fraudulently obtaining COVID unemployment benefits. (Georgia House of Representatives)
«In reality, Bennett was not prevented from performing her work for Metro Therapy or reaching her place of employment because of COVID-19 quarantine,» the filing continued. «Before the pandemic, her actual role with Metro Therapy was an administrative one, and she worked from her home office; she did not provide in-home services for clients.»
«She was not prohibited from reaching her home office because of the pandemic. She was able to continue working as usual from her home to support Metro Therapy throughout the pandemic, and the therapists who provided actual services to clients were able to continue their work after a brief disruption,» it added.
Court documents show Bennett pleaded not guilty to a charge of making false statements and was issued a $10,000 bond. Lawyers representing Bennett did not immediately respond Tuesday to a request for comment from Fox News Digital.
«I am proud of the work accomplished by the Georgia General Assembly when we came together to advance policies that strengthened our state and improved the lives of all Georgians,» Bennett wrote in the letter announcing her retirement, which was obtained by FOX 5 Atlanta. «Serving in this capacity has truly been a labor of love, and one I will deeply miss.»
Bennett used to represent a district that included parts of DeKalb and Gwinnett counties.
CDC PANEL SUPPORTS ‘INDIVIDUAL DECISION-MAKING’ ON COVID VACCINES
Georgia Gov. Brian Kemp is seen during the World Economic Forum (WEF) in Davos, Switzerland, on Jan. 17, 2024. Rep. Bennett wrote a letter to Kemp on Dec. 30 announcing her retirement, but did not give a reason in the letter as to why. (Stefan Wermuth/Bloomberg via Getty Images)
In the charging document, prosecutors said Bennett applied for and was denied Unemployment Insurance benefits, which paved the way for her to file the PUA application.
In that application, Bennett also claimed in relation to her position at Metro Therapy that she was last able to work on April 10, 2020, and she was «unable to reach my place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency,» prosecutors alleged.
«Once approved for PUA benefits, Bennett periodically submitted online certifications for every week for which she requested benefits. In each of those certifications, while she stated that she was receiving $300 per week from the General Assembly, she disclosed no other income,» the filing said, noting that Bennett claimed she was actively seeking other work.
«She submitted such certifications for weeks in March through August 2020. However, in reality, Bennett was not actively seeking work, Bennett was not prevented from working for Metro Therapy because of a COVID-19 quarantine, and Metro Therapy was still operating and receiving income,» the document said.
It added that, «Bennett failed to disclose and concealed that she had separate employment through a church and was receiving a paycheck from the church for $905 every week the entire time she was claiming PUA benefits.»
An aerial view of the Georgia State Capitol building. (Joe Sohm/Visions of America/Universal Images Group via Getty Images)
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The Justice Department recently filed charges against Rep. Sharon Henderson, another Georgia state Democrat, on similar charges.
georgia,democratic party,crime world,coronavirus,southeast,politics
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