New disclosures about a federal investigation into President Donald Trump have sparked a clash inside the nation’s top law enforcement agency after it emerged that phone records tied to two current senior officials were obtained years earlier when they were private citizens.
The records belonged to FBI Director Kash Patel and White House Chief of Staff Susie Wiles, according to reporting confirmed by Fox News.
The subpoenas were issued in 2022 and 2023 during the Biden administration as part of special counsel Jack Smith’s investigations into Trump’s handling of classified documents and efforts to challenge the 2020 election results.
The revelation comes as at least 10 FBI employees were dismissed on Wednesday, a move the FBI Agents Association strongly criticized.
“The FBIAA condemns today’s unlawful termination of FBI Special Agents, which — like other firings by Director Patel — violates the due process rights of those who risk their lives to protect our country,” the organization said.
“These actions weaken the Bureau by stripping away critical expertise and destabilizing the workforce, undermining trust in leadership and jeopardizing the Bureau’s ability to meet its recruitment goals — ultimately putting the nation at greater risk.”
Reuters first reported the subpoenas, which were issued while Smith was building cases against Trump.
The special counsel ultimately brought felony charges in 2023 tied to both the election and the documents found at Mar-a-Lago. After Trump’s re-election, Smith moved to drop the election case, citing Justice Department policy against prosecuting a sitting president, and later ended the appeal in the documents case. Trump has consistently denied wrongdoing.
In a statement, Patel blasted the earlier investigative tactics.
“It is outrageous and deeply alarming that the previous FBI leadership secretly subpoenaed my own phone records — along with those of now White House chief of staff Susie Wiles — using flimsy pretexts and burying the entire process in prohibited case files designed to evade all oversight,” he said.
According to Reuters, the records were stored in files labeled “Prohibited.” Patel said he has since eliminated the bureau’s ability to use that classification.
Fox News also reported that agents recorded a 2023 phone call between Wiles and her attorney. Officials said the lawyer knew the call was being recorded and consented, but Wiles was not informed.
During prior testimony, Smith said phone records were used to establish timelines surrounding the Jan. 6 Capitol riot and that investigators followed legal procedures. He also said the records did not include the content of conversations.
