Cybersecurity Policy Report, Sen. Grassley Seeks Records From Telecom Carriers on Arctic Frost Subpoenas, (Oct 15, 2025)

By Lynn Stanton

Senate Judiciary Committee Chairman Chuck Grassley (R., Iowa) and 17 other members of Congress have asked Verizon Communications, Inc., AT&T, Inc., T-Mobile US, Inc., and Lumen Technologies, Inc., to turn over records, documents, and communications related to Department of Justice requests for information about devices used by any of nine Republican members of Congress for whom they provided service in early January 2021, as part of the Federal Bureau of Investigation’s Arctic Frost investigation of the Jan. 6, 2021, attack on the Capitol.

The nine affected members are Rep. Mike Kelly (R., Pa.) and Sens. Lindsey Graham (R., S.C.), Bill Hagerty (R., Tenn.), Josh Hawley (R., Mo.), Dan Sullivan (R., Alaska), Tommy Tuberville (R., Ala.), Ron Johnson (R., Wis.), Cynthia Lumis (R., Wyo.), and Marsha Blackburn (R., Tenn.).

“By law, the Senators’ offices retain possession of their Senate data from both dual use and Senate specific devices and service providers do not acquire ‘possession, custody, or control’ of that data. Moreover, no court order or provision of law can prevent you from notifying Senators of any legal process that sought disclosure of any Senate data transmitted on Senate or dual use devices related to Senators’ offices. Even if the phone numbers above do not fall into those categories, there are serious constitutional questions that those communications are still subject to constitutional protections. Indeed, the time period [former Special Counsel] Jack Smith focused his secret efforts to obtain the records from constitutional officers falls squarely within a core constitutional duty — certification of the electoral college. That raises a reasonable concern that calls, texts, and emails sent from or to those devices may have been acts consistent with the duties of office,” Chairman Grassley and the other lawmakers wrote.

In addition to the records of Justice Department or federal law enforcement requests for data or information related to the members’ devices, the letter asks for responses to a series of questions, including whether the subpoenas sought information based on the users’ names or phone numbers; whether DoJ or the FBI imposed “a gag order or non-disclosure requirement” to prevent the company from notifying the affected members, and if so on what basis and whether the gag order is still in place; what data or information the company provided; whether DoJ or the FBI sought the content of members’ communications; whether Mr. Smith subpoenaed calling information on additional members beyond the nine named; whether the company challenged any of the subpoenas; and “[w]hich company officer(s) approved the release of the information to the government.”

Chairman Grassley asked that the information be provided by Oct. 25.

The lawmakers also sought related information from the Homeland Security Department, the Defense Department, the Office of the Director of National Intelligence, the National Archives and Records Administration, and the U.S. Attorney’s Office for the District of Columbia.

Joining Chairman Grassley and the nine affected members on the letter were Sens. John Cornyn (R., Texas), Mike Lee (R., Utah), Ted Cruz (R., Texas), Thom Tillis (R., N.C.), John Kennedy (R., La.), Eric Schmitt (R., Mo.), Katie Britt (R., Ala.), and Ashley Moody (R., Fla.).

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