A newly disclosed FBI document suggests that eight Republican senators were swept up in the Biden administration’s sweeping “Arctic Frost” investigation into Donald Trump’s alleged role in the January 6, 2021, Capitol riot. The revelation, made public Monday by Senator Chuck Grassley (R-Iowa), raises profound questions about political surveillance, executive overreach, and institutional accountability.
The document, dated September 2023, names Senators Lindsey Graham (S.C.), Josh Hawley (Mo.), Dan Sullivan (Alaska), Marsha Blackburn (Tenn.), Bill Hagerty (Tenn.), Tommy Tuberville (Ala.), Ron Johnson (Wisc.), and Cynthia Lummis (Wyo.), along with Representative Mike Kelly (R-Pa.). According to the record, the FBI conducted “toll analysis” — reviewing phone metadata such as who called whom, when, for how long, and from what general location — on those offices, focused on the period January 4–7, 2021, surrounding the Capitol breach.
Tolling Data, Not Call Content
It’s important to note that toll analysis is not the same as wiretapping: it does not capture the content of calls or texts, but rather the timing and patterns of communication. Still, officials argue that the metadata itself can reveal a great deal about networks, coordination, and influence.
The document’s emergence has provoked outrage among Republicans, who say the Biden-era FBI turned political surveillance into a weapon. As Grassley put it: “What I’ve uncovered today is disturbing and outrageous political conduct by the Biden FBI. The FBI’s actions were an unconstitutional breach …”
Grassley went further, drawing a dramatic parallel with America’s most infamous political scandal:
“Based on the evidence to-date, Arctic Frost and related weaponization by federal law enforcement under Biden was arguably worse than Watergate.”
Scope of “Arctic Frost” and Earlier Oversight Work
This is not the first time Grassley has spotlighted the enormity of the Arctic Frost operation. Earlier disclosures showed that its scope extended beyond legislators — encompassing 92 GOP-oriented organizations and individuals, including the Republican National Committee, the Republican Attorneys General Association, and conservative groups such as Turning Point USA.
The investigation initially sought to probe whether Trump allies and Republican-linked operatives had conspired to overturn the 2020 election results. At some point, Arctic Frost was folded into Special Counsel Jack Smith’s prosecution efforts.
But Smith’s case ultimately collapsed after the Supreme Court, in July 2024, expanded the doctrine of presidential immunity to shield official presidential acts from criminal liability — disrupting Smith’s attempt to take Trump to trial before the 2024 election.
Following Trump’s return to the White House in January 2025, Smith resigned, and formerly active prosecutions were dropped.
Reactions from Lawmakers and FBI Leadership
Unsurprisingly, the named senators responded with fierce condemnation. Senator Josh Hawley (R-Mo.) accused the FBI of “spying on Catholic churches, prosecuting pro-lifers, deploying the FBI against parents at school board meetings — and trying to tap the phones of their political enemies, including mine.” He called the surveillance “an abuse of power beyond Watergate, beyond J. Edgar Hoover … that directly strikes at the Constitution.”
He demanded a full investigation: “Who knew about it, who ordered it, who approved it? Anyone who violated the law must be prosecuted.”
Senator Marsha Blackburn (R-Tenn.) likewise called the revelations “an abomination” and vowed to fight the misuse of law enforcement.
Senator Lummis (R-Wyo.) issued a public statement condemning the apparent targeting of her communications.
Overseeing the response from within the FBI now is Director Kash Patel, who was installed under President Trump’s second administration. Patel took to social media (X), writing:
“We recently uncovered proof that phone records of U.S. lawmakers were seized for political purposes. That abuse of power ends now. Under my leadership, the FBI will deliver truth and accountability, and never again be weaponized against the American people.”
Patel and FBI Deputy Director Dan Bongino have pledged that the bureau will declassify and expose any remaining documents tied to the Arctic Frost operation.
Bongino reportedly briefed affected senators on the newly revealed file on Monday, with both leaders vowing institutional reform.
Who Authorized the Spying?
A major unanswered question: who in the FBI — or the Justice Department — authorized the targeting of sitting U.S. senators? The released document redacts the names of the FBI Washington Field Office agents responsible, and any internal chain of command remains obscure.
Timothy Thibault, a former FBI agent previously criticized by Republicans for alleged anti-Trump bias, is credited with launching Arctic Frost in April 2022. In November that year, it was assigned to Jack Smith as special counsel.
The published records suggest the FBI sought the senators’ phone records via court orders and grand jury subpoenas — common practice for sensitive investigations — but the extent of judicial review or internal authorization is unclear.
Some analysts argue that metadata requests involving legislators may require heightened oversight, given separation-of-powers risks.
Constitutional Stakes and Legal Risks
Most legal experts caution that metadata collection is not per se unlawful, but the targeting of members of Congress raises significant constitutional and statutory red flags. The Fourth Amendment protects against unreasonable searches and seizures; moreover, federal law imposes procedural safeguards when government seeks phone and communication records. If the FBI bypassed those safeguards — especially for political targets — it could constitute unlawful surveillance or abuse of authority.
Comparisons to Watergate are already circulating in GOP circles. Senator Tommy Tuberville (R-Ala.) likened the new revelation to a modern-era House break-in, except carried out by the FBI rather than burglars.
Grassley warned of constitutional danger if left unchecked: “When the FBI spies on legislators, it’s not just political; it’s constitutional warfare.”
Yet congressional Democrats have remained largely silent. The White House has declined to comment, and the Justice Department has deferred all questions to the FBI.
Political and Institutional Fallout
That this alleged spying occurred under President Biden’s watch but is now under review by a Trump-appointed FBI compounds the tension. For the current administration, transparency is a political necessity: the perception that the FBI was weaponized against political adversaries risks undermining public confidence in the bureau itself.
Patel and Bongino’s vow to declassify what remains is a high-stakes gamble. If more troubling documents surface — revealing directives, internal memos, or chains of command — Republican calls for criminal referrals could intensify. Yet political retaliation is also a danger: revelations might fuel accusations that the FBI is once again being used as a partisan tool, now under Trump.
For now, the American people are left with a trove of unanswered questions: when did the decision to monitor senators happen, who signed off on it, what internal objections were raised, and whether anyone will face consequences.
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