Hearings to examine Arctic Frost

DOJ and Judicial Nomination VotesSenate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights · 2026-03-24 · 119th Congress
The Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights held its second hearing on "Arctic Frost," the Biden Justice Department and Special Counsel Jack Smith's 2022 investigation into President Trump, focusing on subpoenas that reached the toll and financial records of Republican senators, organizations, and Trump-aligned officials. Begins at 0:23:25
Transcript
Highlights

Title

Senate Judiciary panel examines "Arctic Frost" investigation subpoenas

Purpose

The Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights held its second hearing on "Arctic Frost," the Biden Justice Department and Special Counsel Jack Smith's 2022 investigation into President Trump, focusing on subpoenas that reached the toll and financial records of Republican senators, organizations, and Trump-aligned officials. Republicans framed the episode as a weaponization of federal law enforcement comparable to or worse than Watergate, while Democrats countered that the investigation was a legitimate response to Trump's efforts to overturn the 2020 election and urged the committee to call Jack Smith to testify under oath. Begins at0:23:25

Who spoke

Chair John Cornyn/moderator opening the hearing0:23:25: Formally called the hearing to order before yielding to a member's opening statement.

Sen. described as "Arctic Frost" opening speaker (majority member)0:23:29: Delivered an extended opening statement comparing Arctic Frost to Watergate, saying it involved a "digital sweep" into roughly 100,000 private communications0:25:19, nearly 200 subpoenas covering over 400 Republican-allied groups0:27:32, and toll records of 20% of Senate Republicans0:28:54; said Attorney General Garland, Deputy AG Lisa Monaco, and FBI Director Chris Wray signed an April 4, 2022 memo authorizing the probe0:26:39.

Sen. Sheldon Whitehouse (D-RI), Ranking Member0:34:44: Said Kash Patel fired about a dozen CI-12 counterintelligence agents just before the Iran war began0:35:15; argued toll-record subpoenas are routine investigative tools and that the first Trump DOJ did the same thing0:37:12; pressed for release of Jack Smith's Volume Two report and for Patel to disclose his grand jury testimony0:41:580:42:20; later questioned Mr. O'Leary on FBI staffing losses1:29:43.

Sen. Ted Cruz (R-TX), Chair [1:33:00 approx]: (First clearly attributed speaking turn at 1:33; also presided/gaveled proceedings) Entered 30 investigatory documents and 197 subpoenas into the record1:02:11; introduced witnesses Chamberlain, O'Leary, and Cleveland1:02:31; questioned witnesses on the scope of subpoenas and constitutional violations1:22:23, noting AT&T refused to comply with his own subpoena on speech-or-debate grounds1:24:09; listed twelve senators whose records were sought1:26:48.

Chairman Chuck Grassley0:47:44: Announced release of new Arctic Frost records, including a list naming 14 members of Congress whose tolling data Smith's team sought0:48:42; quoted internal emails acknowledging a likely "valid speech or debate privilege"0:49:41; said Smith backed down when a phone company pushed back on a subpoena0:50:37; announced release of two subpoenas for FBI Director Patel's toll records0:52:31.

Sen. Dick Durbin (D-IL), Ranking Member (full committee)0:53:11: Praised the late Robert Mueller and noted President Trump said "Good. I'm glad he's dead" upon news of Mueller's death0:55:00; argued subpoenaing Turning Point USA and Kash Patel was standard prosecutorial practice0:57:09; said Democrats notified Grassley in October that Jack Smith was willing to testify under oath0:58:00; later cross-examined Ms. Cleveland on whether she would value questioning Smith under oath1:44:12.

Sen. Cruz (procedural transitions)0:47:39: Recognized Chairman Grassley and other members throughout.

Mr. Will Chamberlain, Senior Counsel, Article III Project1:06:01: Testified that Jack Smith's team subpoenaed toll records of Kash Patel and Susie Wiles as private citizens1:06:30; said the FBI recorded a Wiles-attorney phone call without the lawyer's consent, calling it a likely illegal wiretap1:07:251:09:14; said the FBI's "Prohibited Access" designation in Sentinel hides records from keyword searches1:08:30; under Sen. Kennedy's questioning, said Verizon complied with the subpoena without apparent legal scrutiny1:54:55.

Mr. Christopher O'Leary, retired FBI Senior Executive Service1:10:22: Testified the FBI's investigative process is guided by facts and multiple layers of review, not ideology1:11:42; said Patel's firings of agents were politically driven and have caused "generational" damage to national security capability1:13:531:31:16; confirmed nondisclosure orders are a routine investigative tool1:28:15; under Sen. Blackburn's questioning, credited FBI-DOJ cooperation in reducing crime in Memphis2:03:15.

Ms. Margot Cleveland, attorney and Federalist senior legal correspondent1:15:58: Testified that Smith's deputies J.P. Cooney and Ray Hulser showed a partisan double standard, citing Hulser's handling of the Clinton Foundation probe1:18:09; said Smith's team obtained toll records of Senators Blackburn, Graham, Hagerty, Hawley, Lummis, Johnson, Kennedy, Scott, Sullivan, and Tuberville, with only Cruz spared because his carrier balked1:19:33; alleged violations of the Appointments, Speech or Debate, First, Sixth, and due process/Brady protections1:21:49.

Sen. Mike Lee (R-UT)1:37:51: Compared Arctic Frost's scope unfavorably to Watergate, saying Nixon never sought to imprison his opponent1:38:47; questioned Chamberlain on the alleged illegal wiretap of Wiles's privileged call1:39:47; questioned Cleveland on the "Prohibited Access" due process issue1:41:31.

Sen. John Kennedy (R-LA)1:50:05: Questioned Chamberlain about Verizon's handling of the subpoena for 20 members' phone records, suggesting a competent lawyer would have checked who Jack Smith and Judge Boasberg were and considered a motion to quash1:53:181:54:27.

Sen. Mazie Hirono (D-HI)1:56:10: Called the hearing a rehash of "Republican conspiracy theories" and used the phrase "milking a dead cow"1:57:07; urged calling Jack Smith, releasing Volume Two, and obtaining Patel's grand jury testimony1:57:58; asked O'Leary how the loss of experienced agents affects public safety2:00:51.

Sen. Marsha Blackburn (R-TN)2:02:44: Cited Memphis crime-reduction statistics under Patel's FBI involvement, including over 9,000 arrests and a 43% drop in overall crime2:03:462:04:36; criticized O'Leary for defending the FBI's targeting of Wiles and Patel's records2:05:35.

Key moments

A majority senator said the Biden DOJ's Arctic Frost operation swept up roughly 100,000 private communications and reached more than a dozen senators and thousands of individuals, calling it "a modern Watergate"0:25:19.

Grassley released records showing Jack Smith's team identified 14 members of Congress for tolling data while internally acknowledging a "valid speech or debate privilege" problem, and that Smith's team backed down when a phone carrier resisted a subpoena0:48:420:50:37.

Chamberlain testified the FBI recorded a phone call between Susie Wiles and her attorney without the attorney's consent, and coded the records "Prohibited Access" in Sentinel so they wouldn't surface in searches — which he called a likely illegal wiretap1:07:251:08:30.

Cleveland listed ten senators (Blackburn, Graham, Hagerty, Hawley, Lummis, Johnson, Kennedy, Scott, Sullivan, Tuberville) whose toll records were obtained, saying only Cruz was spared because his carrier questioned the subpoena1:19:33.

Cruz confirmed AT&T refused to comply with a subpoena for his own toll records on speech-or-debate grounds and that Smith never sought to enforce it in court, which Cleveland said suggested Smith knew it was unlawful1:24:091:24:26.

Whitehouse noted the first Trump DOJ subpoenaed member-of-Congress toll records with nondisclosure orders too, and quoted Grassley's own 2023 statement that such investigations are "nothing new"0:37:430:38:01.

Durbin and Hirono both pressed that Jack Smith has offered to testify under oath since October but Republicans have not called him, questioning why the committee holds hearings instead of direct testimony0:58:001:56:38.

Cruz read Judge Boasberg's finding of "reasonable ground to believe" that notifying senators would result in destruction of evidence, and O'Leary said he was aware of no factual basis for that finding1:27:381:28:15.

Kennedy pressed Chamberlain on whether a competent Verizon lawyer would have recognized red flags (Jack Smith, Judge Boasberg, members of Congress) and considered a motion to quash, with Chamberlain replying Verizon "sucked all of this information up like a Hoover Deluxe"1:54:361:54:55.

Blackburn cited over 9,000 arrests, 153 recovered missing children, and a 43% drop in overall crime in Memphis under FBI-DOJ cooperation involving Patel, disputing Democrats' criticism of his leadership2:03:462:04:36.

Metadata

CommitteeSenate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights
Chamber / CongressSenate · 119th Congress
Date2026-03-24
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript344 caption blocks · 13,010 words · 2:09:02 runtime
EventCongress.gov 338082