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Former Congressman Gohmert Condemns Special Counsel Smith for Targeting Lawmakers’ Phone Records
Former Representative Louie Gohmert has sharply criticized ex-Special Counsel Jack Smith for allegedly targeting his personal phone records as part of the January 6, 2021 Capitol riot investigation, calling the actions a violation of constitutional separation of powers.
According to documents recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Senator Ron Johnson, Smith sought the “toll records for the personal cell phones” of then-House Speaker Kevin McCarthy and Representative Gohmert on January 24, 2023. The revelation came from a “significant case notification” drafted by the FBI’s Criminal Investigative Division in May 2023.
“It is astounding that Jack ‘Frost’ Smith went on this persecution,” Gohmert told Fox News Digital in an exclusive interview. “Apparently, this guy has never read the Fourth Amendment because you have to describe with particularity what it is you’re going after — there should be probable cause, and they had no probable cause.”
Smith reportedly sought Gohmert’s personal cellphone records from November 2020 through January 2021. The former congressman expressed particular concern about the constitutional implications of the probe.
“It is the separation of powers that is the problem,” Gohmert explained. “People and whistleblowers contacted me regularly from within the DOJ and the FBI about overreach within the FBI and DOJ. By grabbing my records, they could stifle reporting of potential crimes by people within the agencies.”
He added that the action “violates and destroys the checks and balances that the founders counted on” and makes “Watergate look like school yard folly.”
McCarthy, who also had his records targeted while serving as House Speaker, issued a strong rebuke as well. “Jack Smith’s radical and deranged investigation was never about finding the truth,” McCarthy said. “It was a blatant weaponizing of the Justice Department to attack political opponents of the Biden administration.”
The former Speaker indicated he would pursue legal action, stating: “I will ask my own counsel to pursue all areas of redress so this does not happen to anyone else.”
These revelations follow earlier reports that Smith’s “Arctic Frost” team was tracking private communications and phone calls of nearly a dozen Republican senators during the January 6 investigation. Those lawmakers reportedly included Senators Lindsey Graham, Marsha Blackburn, Ron Johnson, Josh Hawley, Cynthia Lummis, Bill Hagerty, Dan Sullivan, and Tommy Tuberville, as well as Representative Mike Kelly.
Smith has defended his actions as “entirely proper” and consistent with Justice Department policy. His legal team claimed the 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.”
Senators Grassley and Johnson have launched an investigation into the matter. An FBI official characterized “Arctic Frost” as a “prohibited case” and said the review required officials to go “above and beyond in order to deliver on this promise of transparency.”
Smith’s investigation ultimately resulted in charges against former President Donald Trump in the U.S. District Court for Washington, D.C., related to the 2020 election. However, after Trump’s victory in the 2024 presidential election, Smith sought to dismiss the case, which Judge Tanya Chutkan granted.
The special counsel’s investigation reportedly cost taxpayers more than $50 million before its conclusion.
Despite his criticism of Smith, Gohmert expressed confidence in the current Justice Department and FBI leadership. “I trust the DOJ and trust the people running the FBI,” he said. “We’ll see if there were any crimes committed and, if following the Constitution, they can be properly prosecuted.”
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5 Comments
If the reports are accurate, then Smith may have exceeded his mandate. Lawmakers should have reasonable privacy protections, even in investigations. I wonder what the legal justification was for seeking these records.
The Fourth Amendment protections against unreasonable search and seizure should apply to everyone, including elected officials. Obtaining personal phone records without proper cause sets a dangerous precedent.
I’m curious to learn more about the specific reasons and legal basis for seeking these phone records. Investigating the Capitol riots is important, but not at the expense of fundamental civil liberties.
This seems like an overreach that could undermine public trust in the justice system. Targeting lawmakers’ private communications should require the highest level of scrutiny and justification.
This seems like a concerning overreach by Special Counsel Smith. Targeting lawmakers’ personal phone records raises serious separation of powers issues. I hope there is proper oversight and safeguards in place to prevent abuse of authority.