The FBI obtained phone records of Kash Patel and Susie Wiles when both were private citizens in 2022 and 2023, Patel told Reuters on Feb. 26. Former special counsel Jack Smith collected the records during his investigation into Donald Trump’s handling of classified documents and alleged efforts to overturn the 2020 election.
Now, Patel runs the FBI, while Wiles is Trump’s White House chief of staff.
Patel said investigators had subpoenaed “toll records”—data showing who called whom, when, and for how long, though not the conversations themselves. Under federal law, the government can obtain such records via subpoena without a judge’s approval. Patel said the records were gathered during the probe into Trump’s retention of classified documents at Mar-a-Lago after he left office in 2021. Smith was appointed in November 2022 by then-Attorney General Merrick Garland.
KELLY: Jack Smith perjured himself. He claimed under oath that Trump obstructed the classified documents case and that classified papers were found in boxes at Mar-a-Lago. Both are provable lies. Smith made claims under oath he cannot prove. DOJ and Congress should follow up. pic.twitter.com/gIRcgGrCAD
— Grace Chong, MBI (@gc22gc) January 22, 2026
Reuters could not verify all of Patel’s claims, including who approved the subpoenas or whether Patel or Wiles were targets. CBS News confirmed through a source that Wiles’ records were reviewed but could not verify whether Patel’s were subpoenaed in the probe. A source added that Patel’s records were not collected in the 2020 election investigation, named Arctic Frost.
Investigators collect call records in such federal cases to understand timelines and networks. Smith said the records—including lawmakers’ records in the Jan. 6 investigation—can verify sequences of events but do not include call content.
Patel said the records were stored in FBI files labeled “Prohibited,” which makes them difficult to locate within the bureau’s internal systems. He claimed the effort under President Joe Biden was intended to shield the action from oversight and that he has since ended the FBI’s ability to use the “Prohibited” label. This claim remains unverified.
Following this discovery, at least 10 FBI employees connected to the classified documents investigation were dismissed. All of the agents or analysts were involved in the Mar-a-Lago case. The FBI Agents Association criticized the firings, arguing they violated due process and stripped the bureau of critical expertise, which could undermine national security.
Patel described the subpoenas to Reuters as “outrageous and deeply alarming,” and under “flimsy pretexts.”
One year ago, I was honored to be confirmed as the 9th Director of the @FBI.
Every day since, under President Trump, we’ve worked 24/7 to help deliver the safest America on record – with historic results.
Mission first. pic.twitter.com/y7KctLpbVr
— FBI Director Kash Patel (@FBIDirectorKash) February 20, 2026
In 2023, Smith charged Trump with felonies related to classified documents. That case was dismissed in 2024 by a federal judge who ruled Smith had been unlawfully appointed. Smith then dropped his appeal after Trump won the 2024 election and returned to office. Smith told Congress his team followed Justice Department policy and legal requirements in obtaining phone records and other evidence. His attorneys have argued that his actions are lawful and consistent with DOJ standards.
A federal judge has now permanently barred the Justice Department from releasing Smith’s report on the documents case. Meanwhile, Trump has called for Smith, Garland, and former FBI Director Christopher Wray to be prosecuted.
