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Jack Smith defends subpoenaing Republican senators’ phone records: ‘Entirely proper’

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Jack Smith defends subpoenaing Republican senators’ phone records: ‘Entirely proper’

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Former special counsel Jack Smith is standing by his 2023 decision to subpoena several Republican lawmakers’ phone records, calling the move “entirely proper” and consistent with Justice Department policy.

Smith said through his lawyers in a letter obtained by Fox News Digital that the subpoenaed data, known as toll records, belonging to eight senators and one House member were carefully targeted to support his investigation into President Donald Trump’s alleged subversion of the 2020 election.

“As described by various Senators, the toll 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,” Smith’s lawyers wrote Tuesday to Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

JACK SMITH INVESTIGATORS NEED TO ‘PAY BIG’ FOR JAN. 6 PHONE RECORDS PROBE, WARNS SEN. GRAHAM

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Former special counsel Jack Smith delivers remarks on an unsealed indictment including four felony counts against President Donald Trump, Aug. 1, 2023, in Washington.   (Drew Angerer/Getty Images)

Toll records do not reveal the contents of phone calls but instead reveal when calls were made and to whom.

Smith’s lawyers said that although Grassley, who brought the subpoenas to light, has not reached out to Smith, they felt compelled to write to the chairman to address claims from Republicans that Smith improperly spied on lawmakers.

Grassley responded to the letter, saying he would continue an unbiased probe into Arctic Frost, the name of the FBI investigation that led to Smith’s election-related prosecution of Trump.

“I’m conducting an objective assessment of the facts&law like he says he wants So far we exposed an anti-Trump FBI agent started the investigation/broke FBI rules &only REPUBLICANS were targeted SMELLS LIKE POLITICS,” Grassley wrote on X.

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The targeted senators included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina. 

In addition to the eight senators, Sen. Ted Cruz, R-Texas, told Fox News’ Sean Hannity Tuesday that he recently discovered Smith also attempted to subpoena his toll records but that his phone company, AT&T, did not hand them over.

DEM REP DEFENDS DOJ OBTAINING GOP SENATOR CALL RECORDS IN 2023: ‘YOU WEREN’T SURVEILLED’

Sen. Ted Cruz, R-Texas. (Kayla Bartkowski/Getty Images)

The Republicans have broadly claimed they were inappropriately spied on, and compared Arctic Frost to the Watergate scandal.

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Smith’s lawyers emphasized the normalcy of seeking out phone records and said that public officials are not immune from investigation.

Smith brought four criminal charges against Trump alleging he illegally attempted to overturn the results of the 2020 election, but he dismissed the charges after Trump won the 2024 election, citing a DOJ policy that discourages prosecuting sitting presidents. 

Former special counsel Robert K. Hur testifies before the House Judiciary Committee March 12, 2024, in Washington.  (Win McNamee/Getty Images)

Former special counsel Robert Hur sought toll records during his investigation into former President Joe Biden’s handling of classified documents. The DOJ subpoenaed phone records of former Democratic Sen. Robert Menendez, who is serving prison time after he was convicted in 2024 of corruption charges.

The first Trump administration subpoenaed phone records of Rep. Eric Swalwell, D-Calif., and then-Rep. Adam Schiff, D-Calif., and dozens of congressional staffers from both parties as part of a leak investigation.

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Former DOJ inspector general Michael Horowitz warned in a report about the leak probe that lawmakers’ records should only be subpoenaed in narrow circumstances because it “risks chilling Congress’s ability to conduct oversight of the executive branch.”

Smith’s lawyers also disputed FBI Director Kash Patel’s accusations that he attempted to hide the subpoenas “in a lockbox in a vault,” noting that the former special counsel mentioned subpoenaing senators’ records in a footnote of his final special counsel report.

“Moreover, the precise records at issue were produced in discovery to President Trump’s personal lawyers, some of whom now serve in senior positions within the Department of Justice,” Smith’s lawyers said.

Read Smith’s letter below. App users click here.

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Hegseth announces joint task force with DOJ to prosecute leaks to journalists ‘with the full force of the law’

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Hegseth announces joint task force with DOJ to prosecute leaks to journalists ‘with the full force of the law’

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Pentagon chief Pete Hegseth on Monday announced the creation of a joint task force with the Department of Justice to identify and prosecute officials who leak “sensitive information” to the media.

Hegseth said the Pentagon’s Office of General Counsel (OGC) may request and receive all information, support and records across the department regarding news media leak investigations.

“To combat the dangers that leaks pose, effectively immediately, I have ​delegated tasking authority ​to the war department’s ‌office ⁠of general counsel, empowering OGC to request and receive ​all ​information, ⁠records and support across the ​department concerning ​media ⁠leak investigations,” he said in a video shared on X.

“Leaked information risks lives, these new tools and processes will greatly assist us in protecting our joint force,” Hegseth continued. “The security of our nation cannot be a bargaining chip for those who seek momentary headlines, access to confidential and secret information is a sacred trust, and those who betray that trust will be met with the full force of the law.”

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TRUMP ADMINISTRATION SUBPOENAS NY TIMES JOURNALISTS IN GRAND JURY LEAK PROBE TIED TO AIR FORCE ONE REPORT

Pentagon chief Pete Hegseth on Monday announced a joint task force with the Department of Justice to identify and prosecute leakers. (Reuters/Kevin Lamarque)

The secretary also thanked Acting U.S. Attorney General Todd Blanche for his support, adding that he was “proud that our departments are working together closer than we have ever before.”

Hegseth’s announcement comes just days after the DOJ issued subpoenas to four reporters at The New York Times, attempting to force them to testify before a federal grand jury after the newspaper reported on the security concerns involving the plane gifted to President Donald Trump by Qatar that he flew on to Turkey for a recent NATO summit.

The subpoenas were widely criticized by The New York Times, journalists at various news outlets and press freedom groups, arguing that the Trump administration is attempting to intimidate reporters conducting legitimate news-gathering about the government.

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NEW YORKER SUING ICE AFTER OFFICERS WENT TO HIS HOME TO WARN HIM OVER CRITICISM OF AGENCY

The announcement comes just days after the DOJ issued subpoenas to four reporters at The New York Times. (Kevin Wolf/AP)

“The appearance of federal law enforcement agents on the doorstep of news reporters should shock the conscience of any American who believes in the Constitution and the press freedom it protects,” an attorney for the newspaper, David McCraw, said in a statement.

“Our journalists report the facts and advance the American public’s right to know how their government is operating and their taxpayer dollars are being used,” McCraw added. “This brazen act should be seen as nothing more than an attempt to prevent the public from knowing what is happening in their country by intimidating journalists from doing their jobs.”

Since taking over as head of the Pentagon last year, Hegseth has sought to crack down on leaks to the media.

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Last year, the department opened investigations into those accused of leaking classified information to the press and threatened to conduct polygraphs to identify leakers.

The secretary thanked Acting U.S. Attorney General Todd Blanche for his support. (Kent NISHIMURA / AFP via Getty Images)

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Hegseth has also attempted to impose restrictions on reporters covering the Pentagon. He had forced them to sign a pledge stating that they would not solicit any unauthorized material, even if the information was unclassified. Most Pentagon reporters turned in their press badges rather than accept the department’s restrictions on news-gathering.

That policy is facing lawsuits, and a judge last month granted a preliminary injunction, ruling that the department’s requirement that journalists be accompanied by an official chaperone at all times violated the First Amendment in response to a case brought by The New York Times.

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Preliminary report reveals cause of death for Sen. Lindsey Graham

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Preliminary report reveals cause of death for Sen. Lindsey Graham

Sen. Lindsey Graham, the prominent Republican from South Carolina who served in the Senate for more than two decades, died after suffering an aortic dissection, his office said Sunday.

Graham died unexpectedly Saturday night, his office announced, shortly after he had returned to Washington after a trip to Ukraine.

In a statement, his spokesperson said a preliminary report from the medical examiner for the District of Columbia found that the 71-year-old senator died of aortic dissection due to arteriosclerotic cardiovascular disease. With aortic dissection, a tear occurs in the wall of the aorta.

According to the Mayo Clinic, aortic dissection is not very common, and its symptoms may be mistakenly attributed to other health conditions. It usually affects men in their 60s and 70s. If the blood from the dissection travels outside the artery, the condition is often fatal.

A former military lawyer who reached the rank of colonel in the Air Force, Graham ran for the Republican nomination for president in 2016. Initially a cutting, vocal critic of then-candidate Donald Trump during the election, Graham became one of the president’s staunchest allies after Trump’s election.

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“Senator Lindsey Graham, one of the greatest people and Senators I have ever known, is dead!” Trump posted on his social media platform, Truth, on Sunday. “He was always working, and was a true American Patriot.”

Graham was known as a C student in high school, and was the first member of his family to attend college. His mother died while he attended the University of South Carolina, and his father died of a heart attack during Graham’s first semester of law school.

He served as a judge advocate in the Air Force, eventually becoming the chief prosecutor for the Air Force in Europe.

He was first elected to serve as senator for South Carolina in November 2002.

In a social media post on X, Vice President JD Vance described Graham as one of the most powerful lawmakers, and recalled an incident where he and Graham got into a shouting match over a funding bill for the war in Ukraine.

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Later the same day, he wrote in the post, Graham was advocating for rail legislation that Vance supported.

“That was Lindsey Graham,” he wrote. “He fought like hell for the things he believed in, and he was just as willing to go to bat for you when it counted.”

Graham had been scheduled to appear on NBC’s “Meet the Press” on Sunday to discuss his trip to Ukraine. Instead, President Trump appeared in his stead, where he said the senator had been “like a member of the family.”

Trump called into several Sunday news programs to discuss Graham’s death, and said he had spoken to Graham on Saturday evening.

Trump told CNN’s Jake Tapper that the South Carolina senator had said he was “tired.”

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Trump makes surprise pick to fill Graham’s Senate seat

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Trump makes surprise pick to fill Graham’s Senate seat

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President Donald Trump is pushing for an unexpected replacement to fill the vacancy left by the late Sen. Lindsey Graham, R-S.C., in the Senate.

Trump wants South Carolina Gov. Henry McMaster to tap Graham’s sister, Darline Graham Nordone, to be appointed to the lawmaker’s suddenly open seat for the remainder of his term.

“I recommended, to Governor Henry McMaster, Lindsey Graham’s wonderful sister, Darline, to serve as interim Senator from the Great State of South Carolina,” Trump said on Truth Social on Monday. “This would be a fabulous tribute to Lindsey, who loved her dearly!”

Graham and his younger sister, Darline, had a unique bond, given that, after their parents died, the lawmaker legally adopted and raised her.

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GRAHAM’S DEATH IGNITES GOP SCRAMBLE FOR SENATE SEAT AS TRUMP HINTS HE ALREADY HAS A FAVORITE

President Donald Trump wants to see Lindsey Graham’s sister, Darline Graham Nordone, appointed to his vacant seat in the Senate to act as caretaker for the remainder of his term. (Justin Sullivan/Getty Images)

Trump’s announcement comes as a scramble behind the scenes is taking place to fill Graham’s spot, and further, find a new GOP nominee to run in November to keep his seat in the hands of Republicans.

McMaster is expected to announce his pick for the seat at 4 p.m. on Monday. He has so far kept quiet about who he would prefer. Fox News Digital did not immediately hear back from McMaster’s office on who he is eyeing in the interim.

Meanwhile, a key Republican, Sen. Tim Scott, R-S.C., also wants to see Graham’s sister get the nod for his seat.

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GRAHAM REPORTEDLY REFUSED MEDICAL HELP BEFORE SCHEDULED TV APPEARANCE

“Lindsey Graham’s sister, Darline Graham Nordone, would be a fantastic pick to serve out the remainder of the Senate term,” Scott said on X. “After speaking with Darline, there is no one better who understands Lindsey’s love for family, our state, and our country.”

Scott, earlier in the day, floated both former Rep. Trey Gowdy and former Sen. Jim DeMint as possible replacements in the interim. He hoped that McMaster would “put a placeholder and let the voters decide” later during a forthcoming special election.

“I think in the next several hours or next day or so we’ll figure out who that person is,” Scott said. “I love Trey Gowdy and Jim DeMint has been in the conversation.”

“[Graham’s] sister would be a wonderful placeholder as well,” he continued. “So we’ve got lots of candidates who could hold the place so that the voters decide. And remember the election starts August the 11th in South Carolina, three weeks from now, we’ll have a primary process.”

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FROM ‘DISGRACE’ TO ‘FAMILY’: TRUMP’S REMARKABLE JOURNEY WITH LINDSEY GRAHAM

Sen. Lindsey Graham speaks with reporters aboard Air Force One with President Donald Trump and Secretary of Commerce Howard Lutnick on the way back to Washington, D.C., on Jan. 4, 2026. (Jim Watson/AFP via Getty Images)

Both Gowdy and DeMint have served in Congress — Gowdy in the House and DeMint in the Senate, preceding Scott. Graham Nordone, however, has never held public office.

Multiple sources close to Scott, who chairs the National Republican Senatorial Committee (NRSC) told Fox News Digital that he is pushing McMaster to choose one of the three to effectively be a placeholder and not seek a six-year term in the Senate.

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While the appointment race nears its conclusion, the race for the GOP nomination to run in South Carolina is still wide open.

Reps. Nancy Mace, R-S.C., and Ralph Norman, R-S.C., are already hinting at leaping into the special election, which is set for Aug. 11. Rep. Joe Wilson, R-S.C., said that he would stay in the House, but the rest of the Palmetto State’s GOP congressional delegation have not said what their plans are.

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