WHAT YOU NEED TO KNOW
  • Jordan says Smith’s team obtained McCarthy’s phone records shortly after he became Speaker.
  • He alleges investigators hid McCarthy’s identity from the carrier and the judge.
  • Jordan says gag orders kept lawmakers from learning about the surveillance.
  • He argues the actions were part of a broader effort targeting Trump.

Rep. Jim Jordan is accusing Special Counsel Jack Smith’s team of using deceptive tactics to obtain former House Speaker Kevin McCarthy’s phone records while keeping both the phone carrier and the judge from being told that the records belonged to the sitting Speaker of the House.

Jordan said the episode began just days after McCarthy became Speaker and argued that investigators deliberately avoided identifying him in order to get around constitutional concerns involving a member of Congress.

“Yeah, the easiest way to understand this, Sean, is what they did to the Speaker of the House,” Jordan said.

According to Jordan, the timing alone should raise serious questions about the investigation.

“16 days after Kevin McCarthy becomes Speaker of the House, Jack Smith goes and gets his phone records, knows who he called, who called him, how long the call lasted, and when the call took place,” Jordan said.

Jordan argued that investigators did not provide the agent serving the subpoena with McCarthy’s identity, instead giving the agent only a telephone number.

“They don't tell the agent who served the subpoena on the phone carriers that he's serving it on a member of Congress. They just give the agent a phone number,” Jordan said.

He said that omission was especially significant because McCarthy was not simply another lawmaker, but the Speaker of the House and second in the presidential line of succession.

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“They don't tell him it's on a member of Congress who's Speaker of the House, who's second in line to the president,” Jordan said.

Jordan further alleged that the same information was withheld from the judge who authorized the subpoena.

“They don't tell the judge who issued the subpoena that it's the Speaker of the House, the guy second in line to the president. They don't tell him any of that,” Jordan said.

He claimed the failure to disclose McCarthy’s identity was intentional because investigators understood that constitutional protections were implicated.

“They know it's unconstitutional; that's why they don't tell him the information,” Jordan said.

Jordan also pointed to internal emails and communications that he said showed investigators discussing whether members of Congress would ever learn that their records had been obtained.

“We actually got information, emails, and communications where they talk about, Well, the members of Congress are not likely to be charged, they're never going to know, or they're not going to find out for seven years because we're going to get these gag orders on the carriers so that the Speaker of the House, the chair of the Judiciary Committee, and 16 other members of Congress will never know what's going on here,” Jordan said.

He characterized that approach as an extraordinary attempt to keep congressional surveillance hidden for years through nondisclosure orders imposed on telecommunications companies.

“That's how ridiculous it was,” Jordan said.

Jordan also alleged that then-Attorney General Merrick Garland knew about the broader effort.

“And Merrick Garland knew all this as well,” Jordan said.

His accusations go beyond McCarthy and form part of Jordan’s larger contention that federal investigators repeatedly targeted Republican lawmakers while pursuing investigations connected to President Donald Trump.

“So this is part of a pattern to go after President Trump,” Jordan said.

Jordan’s account centers on the argument that the issue was not merely that investigators obtained phone metadata, but that they allegedly concealed whose records they were seeking while also using gag orders to prevent lawmakers from learning about the subpoenas.

For Jordan, the treatment of the sitting Speaker of the House represents the clearest example of the conduct he is challenging.

He argues that investigators knew McCarthy’s office carried unique constitutional significance and deliberately structured the process to avoid confronting those protections directly.

His criticism ultimately rests on what he describes as a coordinated pattern involving secret subpoenas, withheld identities and nondisclosure orders designed to keep members of Congress unaware that their records had been obtained.

“They don't tell him any of that,” Jordan said.

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