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The FBI subpoenaed phone records belonging to Kash Patel and Susie Wiles during federal investigations into former President Donald Trump, according to statements Patel gave to Reuters. The actions reportedly took place in 2022 and 2023 under the Biden administration, when Special Counsel Jack Smith was leading probes into Trump’s handling of classified documents and alleged interference in the 2020 election.
Patel, now serving as FBI director, said investigators obtained “toll records” detailing the timing and recipients of calls made by him and Wiles, who is currently White House Chief of Staff. Toll records do not include the content of conversations and can be acquired through a subpoena without a judge’s approval. Reuters noted it could not independently verify key details of Patel’s claims, including the full scope, timing, or authorization of the subpoenas.
Smith was appointed special counsel in November 2022 by then-Attorney General Merrick Garland. His office later charged Trump in 2023 with felony offenses related to classified documents found at Mar-a-Lago. The case was ultimately dismissed by a federal judge, and Smith dropped his appeal after Trump won reelection. Trump has consistently denied wrongdoing.
Patel criticized the FBI’s previous leadership, alleging the phone records were placed in case files labeled “Prohibited,” making them difficult to locate within bureau systems. He described the move as government overreach and said he has since eliminated the FBI’s ability to use that file designation. Democrats have defended Smith’s investigative methods, arguing that subpoenaing phone records is a standard legal practice in complex federal investigations.
Investigators also reportedly recorded a 2023 phone call between Wiles and her attorney. While her attorney consented to the recording, Wiles herself was unaware, according to two FBI officials cited by Reuters.
Neither President Joe Biden, Garland, nor former FBI Director Chris Wray immediately commented. A spokesperson for Smith declined to address Patel’s allegations.
