- The FBI, under the Biden administration, secretly subpoenaed phone records of Kash Patel and Susie Wiles while they were private citizens.
- The records were obtained during Special Counsel Jack Smith's investigations into President Donald Trump.
- The records were concealed within the FBI's internal system using a "Prohibited" file designation, which Patel has since abolished.
- Patel, now FBI Director, denounced the actions as an example of improper political targeting and overreach.
- At least ten FBI employees have been dismissed following the internal review of these actions.
In a revelation that has ignited fierce debate over the weaponization of federal law enforcement, the FBI under President Joe Biden secretly obtained the private phone records of two individuals who would become central figures in Donald Trump’s return to power. The covert subpoenas for Kash Patel and Susie Wiles—now the FBI Director and White House Chief of Staff, respectively—were issued in 2022 and 2023 during Special Counsel Jack Smith’s probes into the then-former president. The records were then concealed within the bureau’s own systems, a tactic the current leadership calls a deliberate evasion of oversight.
A pattern of political targeting emerges
The disclosure confirms long-held suspicions among conservatives about the depth of scrutiny applied to Trump’s inner circle during the Biden era. According to Patel, the FBI used subpoenas to obtain “toll records” detailing the dates, times and recipients of calls made by him and Wiles, though not the content. At the time, both were private citizens closely advising Trump. Wiles would later co-manage his 2024 campaign, while Patel was a vocal defender regarding the Mar-a-Lago documents case.
Most alarmingly, Patel stated these records were filed under a “Prohibited” categorization, a designation that made them exceptionally difficult to locate within FBI databases. This practice, which Patel says he has now terminated, allowed the records to remain hidden even after he assumed leadership of the bureau in February 2025. The discovery has already led to significant internal fallout, with at least ten current FBI employees being dismissed as a result.
A system designed to evade scrutiny
The use of the “Prohibited” label is a focal point of outrage, as it suggests a systemic effort to shield investigative actions from future review. “It is outrageous and deeply alarming that the previous FBI leadership secretly subpoenaed my own phone records… using flimsy pretexts and burying the entire process in prohibited case files designed to evade all oversight,” Patel said in a statement. This method of concealment raises profound questions about transparency and accountability within the nation’s premier law enforcement agency during a politically sensitive investigation.
The news follows a pattern of aggressive tactics employed by Smith’s team, which previously included seizing phone records from sitting Republican members of Congress. While Smith has testified that such steps “followed Justice Department policies” and were necessary to establish timelines, critics see a consistent pattern of overreach targeting political opponents.
A double standard
This episode is not an isolated incident but fits into a troubling historical pattern where intelligence and law enforcement tools are allegedly turned against domestic political opponents. For many on the right, it echoes the controversies of the Crossfire Hurricane investigation and reinforces the narrative of a “deep state” resistant to democratic change. The contrast between the aggressive pursuit of Trump associates and the perceived leniency or opacity in investigations of political figures on the left fuels deep distrust in federal institutions.
The immediate consequence has been a purge within the FBI’s ranks, signaling the current administration’s intent to root out what it perceives as politically motivated conduct. However, the FBI Agents Association condemned the firings, arguing they “violate the due process rights” of agents and “weaken the Bureau.”
A legacy of secrecy and a demand for answers
A federal judge recently barred the release of Smith’s full report on the documents investigation, ensuring that many details may remain sealed. With Smith citing court orders that prevent him from discussing undisclosed aspects of the probe, a complete public accounting remains elusive.
The fundamental questions persist: Who specifically authorized the subpoenas for Patel and Wiles? Were they ever formal targets of investigation, or were their records collected merely to map Trump’s network? The use of secretive file designations suggests an awareness that these actions might not withstand scrutiny.
A battle for institutional integrity
The uncovering of the secret phone record seizures represents a critical flashpoint in the ongoing battle over the independence and integrity of America’s justice system. For supporters of the current administration, it is evidence of necessary housecleaning and a corrective to past abuses. For skeptics, it is a vindication of their worst fears about the lengths to which entrenched bureaucracies will go to influence the political landscape. As the fallout continues, this incident ensures that debates over the proper limits of federal investigative power will remain at the forefront of the nation’s political discourse for years to come.
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