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Scoop: Ted Cruz's phone records targeted by Jack Smith in Trump investigation

Sen. Ted Cruz's phone records were subpoenaed as part of then-special counsel Jack Smith's investigations into then-former President Trump, Axios has learned.

Why it matters: Congressional Republicans have demanded investigations over the news that former President Biden's Justice Department obtained and reviewed some lawmakers' call logs.


  • Cruz's phone records were ultimately not analyzed as part of Smith's Jan. 6 Capitol attack investigation because AT&T did not comply with the subpoena, according to a source directly familiar with the situation.

Between the lines: The disclosure makes Cruz the ninth Republican senator for whom the Justice Department sought phone records, according to a copy of a subpoena obtained by Axios. His inclusion was not previously known.

  • Cruz joins Sens. Marsha Blackburn (Tenn.), Ron Johnson (Wis.), Bill Hagerty (Tenn.), Josh Hawley (Mo.), Cynthia Lummis (Wyo.), Lindsey Graham (R-S.C.), Dan Sullivan (R-Alaska) and Tommy Tuberville (R-Ala.)— as well as Rep. Mike Kelly (R-Pa.) — according to a release by a Senate panel.

Zoom in: The newly reported subpoena requested records associated with Cruz's cellphone from Jan. 4-7, 2021.

  • The document spells out the request for names, addresses, "detail records for inbound and outbound calls, text messages, direct connect, and voicemail messages," among other information.

What he's saying: "Arctic Frost was the Biden administration's 21st-century digital Watergate," Cruz said in a statement to Axios.

  • "They weaponized the DOJ and FBI to try to access records on me, President Trump, and other political opponents of the Democrat Party," Cruz said.
  • "It was intentional, targeted political spying that likely went to the very highest levels of the administration — demonstrating utter contempt for the Constitution and separation of powers — and there should be the broadest possible investigations and accountability."

What to watch: The House Judiciary Committee last week called for Smith to testify before the panel.

The big picture: The increased scrutiny of Smith's actions comes as other critics and investigators of Trump have been recently targeted by the Justice Department.

  • Smith investigated both Jan. 6th and Trump's misuse of classified documents.
  • Trump's former national security advisor John Bolton was most recently indicted on charges related to mishandling classified documents.
  • It follows indictments of New York Attorney General Letitia James, who prosecuted Trump, and former FBI Director James Comey.
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