Former Rep. Louie Gohmert blasted ex-Special Counsel Jack Smith for allegedly targeting his personal phone records as part of his investigation into the Jan. 6, 2021 Capitol riots, telling Fox News Digital in an exclusive interview that his action ‘destroys the checks and balances that the founders counted on.’

Fox News Digital exclusively reported Thursday morning that Smith targeted then-House Speaker Kevin McCarthy’s personal, private phone records, as well as Gohmert’s. 

Fox News Digital exclusively reviewed the document that FBI Director Kash Patel recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Sen. Ron Johnson containing the explosive revelations. Grassley and Johnson have been leading a joint investigation into Smith’s ‘Arctic Frost’ probe.

According to the document, Smith, on Jan. 24, 2023, allegedly sought the ‘toll records for the personal cell phones of U.S. Speaker of the House Kevin McCarthy (AT&T) and U.S. Representative Louie Gohmert (Verizon.)’

The information was included as part of a ‘significant case notification’ drafted by the FBI’s Criminal Investigative Division May 25, 2023.

‘It is astounding that Jack ‘Frost’ Smith went on this persecution,’ Gohmert told Fox News Digital Thursday. ‘Apparently, this guy has never read the Fourth Amendment because you have to describe with particularity what it is you’re going after — there should be probable cause, and they had no probable cause. They were going on a witch hunt.’

Smith had sought Gohmert’s personal cellphone records from November 2020 through the end of January 2021.

‘They don’t have any regard for the Fourth Amendment,’ he said. ‘It makes Watergate look like school yard folly.’

But Gohmert said it is the ‘principle.’

‘It is the separation of powers that is the problem,’ Gohmert explained. ‘People and whistleblowers contacted me regularly from within the DOJ and the FBI about overreach within the FBI and DOJ. By grabbing my records, they could stifle reporting of potential crimes by people within the agencies.’

‘You can’t just go seize members of Congress’ records even with a warrant because of that separation of powers,’ Gohmert said. ‘There has to be a wall and that’s what troubles me more than anything.’

Gohmert told Fox News Digital that he didn’t remember who he spoke with during the time period Smith sought records, but said that ‘the last thing I want is for someone who trusted me to keep their name private to have some jack-booted thug like Jack ‘Frost’ Smith grab my records and find out who is tattle tailing on him.’ 

He added: ‘It violates and destroys the checks and balances that the founders counted on.’

Gohmert, though, told Fox News Digital that he trusts the current Justice Department and FBI leadership.

‘I trust the DOJ and trust the people running the FBI,’ he said. ‘We’ll see if there were any crimes committed and, if following the Constitution, they can be properly prosecuted.’ 

Meanwhile, McCarthy said he will take legal action against Smith. 

‘Jack Smith’s radical and deranged investigation was never about finding the truth,’ McCarthy told Fox News Digital. ‘It was a blatant weaponizing of the Justice Department to attack political opponents of the Biden administration. Perhaps no action underscores this point more than the illegal attempt to access the phone records of sitting members of the House and Senate — including the Speaker of the House.’ 

‘His illegal targeting demands real accountability,’ McCarthy continued. ‘And I am confident Congress will hold hearings and access documents in its investigation into Jack Smith’s own abuses.’ 

‘At the same time, I will ask my own counsel to pursue all areas of redress so this does not happen to anyone else,’ McCarthy said. 

The revelations come after Fox News Digital exclusively reported in October that Smith and his ‘Arctic Frost’ team investigating the Jan. 6, 2021, Capitol riots were tracking the private communications and phone calls of nearly a dozen Republican senators as part of the probe, including Sens. Lindsey Graham of South Carolina, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Josh Hawley of Missouri, Cynthia Lummis of Wyoming, Bill Hagerty of Tennessee, Dan Sullivan of Alaska, Tommy Tuberville of Alabama and GOP Rep. Mike Kelly of Pennsylvania.

An official told Fox News Digital that those records were collected in 2023 by Smith and his team after subpoenaing major telephone providers. 

Smith has called his decision to subpoena and track Republican lawmakers’ phone records ‘entirely proper’ and consistent with Justice Department policy.

‘As described by various Senators, the toll data collection was narrowly tailored and limited to the four days from January 4, 2021 to January 7, 2021, with a focus on telephonic activity during the period immediately surrounding the January 6 riots at the U.S. Capitol,’ Smith’s lawyers wrote in October to Grassley.

Grassley, R-Iowa, and Johnson, R-Wis., have been investigating the matter. 

An FBI official told Fox News Digital that ‘Arctic Frost’ is a ‘prohibited case,’ and that the review required FBI officials to go ‘above and beyond in order to deliver on this promise of transparency.’ The discovery is part of a broader ongoing review, Fox News Digital has learned.

Smith, after months of investigating, charged President Donald Trump in the U.S. District Court for Washington, D.C., in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

Smith’s case cost taxpayers more than $50 million. 

Smith did not immediately respond to Fox News Digital’s request for comment.

The Department of Justice under President Donald Trump has opened a probe into Rep. Eric Swalwell, D-Calif., over alleged mortgage fraud, Fox News has confirmed.

In response, Swalwell said he was not surprised to be targeted by Trump and vowed to keep speaking out while pursuing his lawsuit.

‘As the most vocal critic of Donald Trump over the last decade and as the only person who still has a surviving lawsuit against him, the only thing I am surprised about is that it took him this long to come after me,’ the California lawmaker said.

‘Like James Comey and John Bolton, Adam Schiff and Lisa Cook, Letitia James and the dozens more to come – I refuse to live in fear in what was once the freest country in the world.

‘Of course, I will not end my lawsuit against him. And I will not stop speaking out against the President and speaking up for Californians,’ he continued. ‘As Mark Twain said, ‘Patriotism is supporting your country all the time, and your government when it deserves it.’ Mr. President, do better. Be better.’

The probe, which was first reported by NBC, will investigate allegations of millions of dollars in loans and refinancing were based on Swalwell declaring that his primary residence was in Washington, D.C., a person familiar with the referral told the news organization.

According to the report, the director of the Federal Housing Agency, Bill Pulte, sent Attorney General Pam Bondi a letter on Wednesday accusing Swalwell of possibly making false or misleading statements on loan documents.

The source also reportedly told NBC the investigation is into possible mortgage fraud, tax fraud at the state and local level, insurance fraud and any related crimes.

Fox News Digital has reached out to the Department of Justice for comment on the matter.

Swalwell has been one of Trump’s most outspoken critics, and last month he faced scrutiny over a ‘bizarre inconsistency’ in his campaign’s Federal Election Commission filings that list several different reasons for payments to a Haitian American staffer totaling more than $360,000.

FEC filings from Swalwell for Congress and his Remedy PAC, dating back to 2021, show more than 75 payments to staffer Darly Meyer, ranging from $53 to more than $12,000 for various reasons.

Meyer received 27 payments last year totaling more than $120,000 and is on pace to earn a similar amount in 2025. The filings list multiple explanations for the disbursements, including travel, car and security services, and salary, as well as reimbursements for personal travel expenses, event flowers, and postage.

Over the years, Swalwell’s campaign has reported numerous expenditures on luxury car services, expensive restaurants, and high-end hotels in international cities such as Dubai, Berlin, Paris and London.

Swalwell also claimed there was strong evidence of collusion between Russia and Trump, but those claims were contradicted by when we.

Durham’s report, released in 2023, found intelligence agencies lacked ‘actual evidence of collusion’ to justify launching the Trump-Russia probe. The findings echoed Robert Mueller’s 2019 report, which found no criminal conspiracy between Trump’s campaign and Russia.

This is a developing story and will be updated as more information becomes available.

Former Special Counsel Jack Smith met with then-FBI Director Christopher Wray months after he began investigating the Jan. 6, 2021, Capitol riots and the 2020 election, Fox News Digital has learned.

Fox News Digital exclusively reviewed the document that FBI Director Kash Patel recently shared with Senate Judiciary Committee Chairman Chuck Grassley and Sen. Ron Johnson containing the new development.

Grassley, R-Iowa, and Johnson, R-Wis., are currently reviewing the documents as part of their joint investigation into Smith’s ‘Arctic Frost’ probe.

The information was included as part of a ‘significant case notification’ drafted by the FBI’s Criminal Investigative Division May 25, 2023.

‘On 5/24/2023, Special Counsel Jack Smith met with FBI Director Wray,’ the document reads.

The meeting took place just a day before the FBI’s Criminal Investigative Division created the ‘Significant Case Notification’ document.

An FBI ‘significant case notification’ is an internal record used by the bureau to alert senior leadership and FBI field offices about a case of high public interest. This notification provided a case update on ‘Arctic Frost,’ which the bureau considered a ‘sensitive investigative matter.’ 

‘Jack Smith claims he wants to tell his story to Congress, but when I asked him point-blank if he ever met with Garland, Monaco, or Wray as part of his investigation, he refused to answer,’ Grassley told Fox News Digital.

The revelations are significant, as Grassley, in October, sent a letter that specifically asked Smith whether he had met with Wray, then-Attorney General Merrick Garland, then-Deputy Attorney General Lisa Monaco or then-FBI Deputy Director Paul Abbate.

Smith replied to Grassley, but declined to share information about any of his meetings with those officials.

‘Either Smith has a bad memory, or he’s simply not willing to come clean about his actions,’ Grassley told Fox News Digital, adding that if Smith ‘really wanted the American people to hear the truth, he’d be cooperating with my straightforward congressional oversight requests instead of making excuses.’

‘I’m going to continue investigating to ensure the public gets full transparency,’ Grassley said.

Smith, in October requested to testify in open, public hearings before the House and Senate Judiciary Committees.

‘Given the many mischaracterizations of Mr. Smith’s investigation into President Trump’s alleged mishandling of classified documents and role in attempting to overturn the results of the 2020 election, Mr. Smith respectfully requests the opportunity to testify in open hearings before the House and Senate Judiciary Committees,’ Smith attorneys Lanny Breuer and Peter Koski wrote.

Smith did not immediately respond to Fox News Digital’s request for comment.

Congressional Democrats are warring after one of their own moderates moved to force a vote on formally rebuking a progressive lawmaker, accusing him of undermining the U.S. Constitution with his 2026 announcement.

Rep. Marie Gluesenkamp Perez, D-Wash., stunned fellow lawmakers on Wednesday evening when she filed what’s known as a privileged resolution aimed at scolding Rep. Jesús ‘Chuy’ García, D-Ill., for a move that effectively appeared to clear a path for his chief of staff to run for his seat.

It brought an onslaught of attacks from García’s fellow progressives, like Rep. Delia Ramirez, D-Ill., who accused Gluesenkamp Perez of using it as a distraction from her vote to reopen the government.

‘Going after a strong progressive Latino leader the same day that you vote for a slush fund for Republicans involved in January 6 does not scream democratic values,’ Ramirez wrote on X. ‘It is disappointing that someone willing to compromise working families’ healthcare would use this moment for a cheap political stunt aimed at distracting people from an indefensible vote on tonight’s [continuing resolution].’

García had filed for re-election in late October before abruptly reversing course just before the filing deadline, citing his doctor’s recommendations and a desire to spend time with family. 

His chief of staff, Patty García, ‘quickly mobilized a campaign and became the only Democratic candidate prepared to file,’ according to Fox 32 Chicago.

‘Congressman Chuy García’s stated reasons for retirement are honorable, but his decision to anoint an heir is fundamentally undemocratic. This is the kind of thing that makes folks tune out of electoral politics,’ Gluesenkamp Perez said in a statement. ‘Americans bled and died to secure the right to elect their leaders. We can’t expect to be taken seriously in the fight for free and fair elections if we turn a blind eye to election denial on our side of the aisle.’

When reading her resolution of disapproval against García on the House floor, she accused him of ‘undermining the process of a free and fair election’ and said his ‘actions are beneath the dignity of his office and incompatible with the spirit of the Constitution.’

García’s spokesperson responded by saying the congressman followed all proper election guidelines when making ‘a deeply personal decision based on his health, his wife’s worsening condition and his responsibility to the grandchildren he is raising after the death of his daughter.’

‘At a moment like this, he hopes his colleagues, especially those who speak about family values, can show the same compassion and respect that any family would want during a health crisis,’ the spokesperson said.

Rep. Jonathan Jackson, D-Ill., said he was prevented from speaking out to defend García on the House floor.

‘Some people need to learn how to stay in their lane,’ he wrote on X, accusing Gluesenkamp Perez of a ‘lack of decorum.’

Gluesenkamp Perez found an ally in Sen. Andy Kim, D-N.J., however, who said on X, ‘Rep Chuy Garcia’s decision to end his re-election at the last second and plant his chief of staff as the only candidate to succeed him was undemocratic and should not be allowed.’

‘Standing against corruption means standing up no matter which political party violates. The House should condemn and steps need to be taken to restore the people’s right to choose,’ Kim wrote.

Michael T. Morley, Florida State University’s election law center director, said that while he sees Gluesenkamp’s point, he doesn’t believe her complaint raises a legal controversy.

‘It’s one thing to talk about general principles of democracy, right? And it’s something else to talk about constitutional restrictions,’ Morley told Fox News Digital. ‘So, on the one hand, yes, if people are intentionally gaming the system, if they’re working together to try to deprive voters of a meaningful opportunity to make a choice among candidates and manufacture situations where only one person is on the ballot — then yes, obviously, I think that that is directly in tension with democratic principles.’

‘But not all democratic principles are embodied in the Constitution. And this is not the sort of situation where current precedent really creates a good mechanism for anybody to bring a challenge.’

He noted that beyond political expectations, nothing García did would have prevented a challenger from launching their own bid.

Fox News Digital reached out to Gluesenkamp Perez’s office for an interview.

Attorney General Pam Bondi announced Thursday that an individual attempted to confront Acting U.S. Attorney for the District of New Jersey Alina Habba on Wednesday night, ‘destroyed property in her office’ and then ‘fled the scene.’

‘Thankfully, Alina is ok,’ Bondi added. ‘Any violence or threats of violence against any federal officer will not be tolerated. Period. This is unfortunately becoming a trend as radicals continue to attack law enforcement agents around the country.’

‘We will find this person, and the individual will be brought to justice. Our federal prosecutors, agents, and law-enforcement partners put their lives on the line every day to protect the American people, and this Department will use every legal tool available to ensure their safety and hold violent offenders fully accountable,’ Bondi also said.

Habba said following the incident that, ‘I will not be intimidated by radical lunatics for doing my job.’

The Justice Department, on its website, said, ‘As Acting U.S. Attorney and Special Attorney to the United States Attorney General,’ Habba ‘is responsible for overseeing all federal criminal prosecutions and the litigation of all civil matters in New Jersey in which the federal government has an interest. 

‘Including the offices in Newark, Camden, and Trenton, Ms. Habba supervises a staff of approximately 155 federal prosecutors and approximately 130 support personnel,’ according to the Justice Department.

Further details about the attack were not immediately available.

Sen. John Fetterman, D-Pa., was hospitalized on Thursday after he fell near his home in Pennsylvania, a spokesperson for the senator said.

‘During an early morning walk, Senator Fetterman sustained a fall near his home in Braddock. Out of an abundance of caution, he was transported to a hospital in Pittsburgh,’ the spokesperson said. ‘Upon evaluation, it was established he had a ventricular fibrillation flare-up that led to Senator Fetterman feeling light-headed, falling to the ground and hitting his face with minor injuries.’

The spokesperson added that Fetterman is currently ‘doing well and receiving routine observation at the hospital.’ The spokesperson also shared a statement from Fetterman, in which the senator jokes about the incident.

‘If you thought my face looked bad before, wait until you see it now!’ Fetterman said.

Fetterman was choosing to stay at the hospital so that doctors could adjust his medication treatment, according to the spokesperson.

Fetterman has battled health issues in the past, the most high-profile being a somewhat debilitating stroke during his 2022 Senate campaign.

Fetterman has made headlines recently over breaking with the majority of Democrats during the government shutdown, voting to reopen the federal government.

This is a developing news story; check back for updates.