U.S. Sen. Katie Britt (R-Montgomery) appeared at a Senate Judiciary subcommittee hearing Tuesday to examine the Biden administration FBI’s Arctic Frost investigation, calling the probe an “indiscriminate dragnet” that targeted hundreds of Republican groups and individuals.
The Arctic Frost investigation, later taken over by former Special Counsel Jack Smith, involved secret subpoenas for the personal phone records of 14 members of Congress, including 11 senators. Britt and her colleagues have requested that telecommunications companies involved release all records relating to the probe.
Britt questioned Daniel Z. Epstein, Associate Professor of Law at St. Thomas University College of Law and Vice President of America First Legal, about the scope of the investigation and steps to prevent similar abuses.
“Whether it be by an FBI agent who repeatedly engaged in political partisanship and violated the FBI’s no self-approval rule, its mass targeting of nearly 400 Republican groups, or the decision to subpoena the phone call records of multiple members of Congress, including members of the Senate Judiciary Committee — all in all, it paints a picture of criminal investigations that evolved into an indiscriminate dragnet and targeted and harassed hundreds of entities, individuals, and members of Congress that were all on the political right,” Britt said. “It’s highly concerning with respect to the law, the separation of powers, and Americans’ faith in a system that depends on the blind administration of justice.”
Britt also highlighted Jack Smith’s use of nondisclosure orders accompanying subpoenas of congressional phone records, arguing they likely violated existing federal law.
“Many have argued those NDOs likely violated existing federal law that prohibits the use of NDOs on subpoenas involving Senate devices,” Britt said. “The fact that at least one telecom provider, AT&T, refused to comply with that subpoena, and the Smith team didn’t push back, is evidence that they probably knew that their requests were illegal in the first place.”
Britt also raised concerns about what she called attempts to criminalize legal conduct throughout the investigation.
“No American wants to live in a world where you say, show me the man and I will show you the crime,” Britt said.
Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].

