US Senator Ted Cruz Accuses Former Special Counsel Jack Smith of Abusing Power
WASHINGTON — U.S. Sen. Ted Cruz says former Special Counsel Jack Smith tried to get his phone records while investigating President Donald Trump’s efforts to block certification of the 2020 election, but Smith was stymied when AT&T rejected a subpoena.
“The Biden Department of Justice, Jack Smith, issued a subpoena spying on me, trying to get information about my cellphone, about communications I was having,” Cruz said on his Wednesday podcast.
Background of the Investigation
The Texas Republican criticized the subpoena as an “extraordinary abuse of power,” saying he expects Congress to investigate and consider steps to prevent it from happening again.
Senate Republicans earlier this month expressed outrage after they were informed Smith had used a subpoena to obtain phone records for eight of them, along with one Republican member of the U.S. House.
Reaction from Verizon and AT&T
Through his attorneys, Smith has defended that subpoena as lawful and proper as he probed Trump’s attempts to prevent certification of Joe Biden’s victory in the 2020 presidential election.
Cruz joked he was offended to find himself omitted from the list of targeted lawmakers despite playing a prominent role in rallying Trump allies in the Senate who sought to hold up certification.
Verizon spokesperson Kevin Israel said in a statement federal law requires companies like Verizon to respond to grand jury subpoenas.
“We received a valid subpoena and a court order to keep it confidential,” Israel said. “We weren’t told why the information was requested or what the investigation was about. As required, we provided the requested customer information and call records.”
AT&T’s Refusal to Comply with the Subpoena
Cruz said he uses AT&T, which refused to turn over his records.
“AT&T told him to go jump in a lake. AT&T did not give my cellphone records,” Cruz said. “AT&T is based in Texas. I’m proud of them. They did the right thing. I appreciate that.”
Criticism of the Investigation
Cruz took over earlier this year as chairman of the Senate Commerce Committee, which has jurisdiction over telecommunications.
Cruz criticized the Smith investigation as a politically motivated attempt to undermine Trump’s 2024 presidential campaign.
He said the phone record subpoenas represented “wholesale spying on their political opponents” as Smith went on a fishing expedition trying to find dirt on Republicans showing they had coordinated with people who engaged in Jan. 6 violence.
Response from Smith’s Attorneys
Smith’s attorneys wrote to Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, this week addressing criticisms of the subpoena used to obtain phone records for Republican lawmakers.
In the letter they disputed Smith had “spied” on lawmakers because the records in question are historical, identifying the timing and duration of calls.
They said the data collection was “narrowly tailored” and limited to the days around the Jan. 6, 2021, certification, consistent with an effort to confirm or refute news reports Trump and his surrogates were trying to call senators to urge them to delay certification.
Conclusion
The controversy surrounding the subpoena and the investigation into Trump’s efforts to block certification of the 2020 election has raised concerns about the use of power and the potential for political persecution.
Cruz and other Republican senators have expressed outrage and have called for Congress to investigate and consider steps to prevent similar actions in the future.
Frequently Asked Questions
Here are some frequently asked questions about the controversy:
Q: What was the purpose of the subpoena issued by Jack Smith?
A: The subpoena was issued as part of an investigation into President Donald Trump’s efforts to block certification of the 2020 election.
Q: Which lawmakers were targeted by the subpoena?
A: The subpoena targeted eight Republican senators and one Republican member of the U.S. House.
Q: Why did AT&T refuse to comply with the subpoena?
A: AT&T refused to comply with the subpoena, citing concerns about the potential for abuse of power and the protection of customer privacy.
Q: What has been the response from Smith’s attorneys to the criticism of the subpoena?
A: Smith’s attorneys have defended the subpoena as lawful and proper, and have disputed claims that it was an abuse of power.

