Executives from major cellphone providers told a Senate panel they complied with legal demands when turning over lawmakers' call records connected to a Justice Department investigation conducted during the Biden administration.
Appearing before a Senate Judiciary subcommittee, Politico reported that general counsels from AT&T, T-Mobile, and Verizon said their companies were obligated to respond to subpoenas issued during former special counsel Jack Smith's investigation into President Donald Trump's actions following the 2020 election.
The subpoenas sought call data rather than call content, and were accompanied by nondisclosure orders that drew criticism from Republican lawmakers who questioned the motivations behind the investigation.
In opening remarks, Senate Judiciary Chair Chuck Grassley, R-Iowa, said, "Smith and his team irresponsibly steamrolled ahead while intentionally hiding their activities from Members of Congress," adding that providers received at least 84 subpoenas tied to the probe.
That included 10 concerning 20 current or former lawmakers.
T-Mobile's Mark Nelson told lawmakers that when the company receives "valid demands from government entities, we respond as required by law and with customer privacy top of mind."
AT&T's David McAtee said cooperation was "compulsory" and described follow-up inquiries to prosecutors about constitutional concerns. "The special counsel's office never responded to that email, at least not substantively," he said. "And ultimately, the office abandoned the subpoena, and no records were produced."
Verizon's Chris Miller acknowledged an internal review following the controversy. "These were unprecedented circumstances, and while we fully complied with the law, we also acknowledge that we could have done better in terms of our process," he said, noting coordination with Senate officials to revise handling of legal demands.
Smith has maintained that politics played no role in the investigation and said prosecutorial decisions would have been the same regardless of party affiliation.
Sen. Lindsey Graham, R-S.C., whose records were obtained, told Miller, "I don't think I deserve what happened to me.
"You failed me. You failed to honor the contract protecting us all."
Grassley said he plans to call Smith to testify, while Senate Judiciary Committee ranking member Dick Durbin, D-Ill., urged the panel to shift its focus.
"This is frankly an embarrassing use of the committee's limited time, and I urge my colleagues to turn their attention to the threats that President Trump currently poses to our democracy," Durbin said.
Jim Mishler ✉
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