Special counsel Jack Smith received former House Speaker Kevin McCarthy’s cellphone records from AT&T during his investigation into the January 6 riot on Capitol Hill.
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 speaker’s phone records.”
The outlet later obtained a letter that AT&T sent to Grassley indicating the former House Speaker’s records were shared with Jack Smith:
Smith on Jan. 24, 2023, allegedly sought the “toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)”
The information was included as part of a “significant case notification” drafted by the FBI’s Criminal Investigative Division May 25, 2023.
AT&T, though, 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 supplied those personal cellphone records to Smith.
AT&T said the subpoena “sought records for a personal cellular phone number” and that it did not in “any way indicate that the information sought related to a member of Congress.”
“We identified (the subpoena) yesterday as such based on the phone number in the subpoena,” the company said. “Based on this newly found record, we write to correct our October 24, 2025 response, which was based (on) a reasonable review of our records at that time.”
“AT&T’s Global Legal Demand Center receives hundreds of thousands of legal demands each year, and unlike the May 2023 subpoena discussed in our October 24 response, the subpoena we produced today did not seek records from a campaign account,” it continued. “Rather, as confirmed from press accounts, the subpoena sought records for a personal cellular phone number. It also did not in any way indicate that the information sought 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 produced the information as required by the subpoena,” it 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 corrupt justice will do it to the speaker, they’ll do it to anyone,” he said. “The DOJ has the authority and responsibility to hold him accountable.”
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