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Sen. Chuck Grassley, R-Iowa, on Thursday released an April 2022 Justice Department memo showing then-Attorney General Merrick Garland, then-Deputy Attorney General Lisa Monaco, and then-FBI Director Christopher Wray personally approved an FBI investigation into alleged efforts by Trump campaign associates to obstruct Congress’ certification of the 2020 election.
Grassley posted the four-page memorandum on X, saying it proves top Biden administration officials “personally approved” the case — which he referred to as “Arctic Frost” — and that it “unleashed unchecked government power at the highest levels.”
The Iowa Republican added, “My oversight will continue.”
The April 2022 memo, signed by Garland, Monaco, and Wray, authorized the FBI’s Washington Field Office to open what the bureau designated a “Sensitive Investigative Matter.” The document details the FBI’s request to examine whether individuals connected to Donald Trump’s 2020 campaign conspired to obstruct Congress’ certification of the Electoral College on Jan. 6, 2021.
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“Following the 2020 Presidential and Vice Presidential election, in an apparent effort to obstruct Congress’s certification of Electoral College, fraudulent certificates of electors’ votes were submitted to the Archivist of the United States, purporting to represent the actual elector votes from the states of Arizona, Georgia, Michigan, Nevada, and Wisconsin,” the executive summary reads. “Open source reporting and public statements made by individuals closely associated with Donald J. Trump, Inc. (Trump Campaign) present an articulable factual basis indicating the existence of a federal crime, and thus the FBI seeks to open a full investigation.
“Because this investigation involves a SIM as set forth in the Department of Justice memorandum dated February 5, 2020, entitled ‘Additional Requirements for Opening of Certain Sensitive Investigations’ (DOJ Memo), your authorization is required before WFO may initiate this full investigation,” the document continued.
Monaco wrote at the bottom of the document, “Merrick- I recommend you approve,” before initialing and dating it 4/5/22. Garland ultimately signed off on the investigation on the same day.
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The authorization came more than a year after the Jan. 6, 2021, Capitol riot and months before now-former Special Counsel Jack Smith was appointed to oversee related investigations. The memo appears to document an early stage of the Justice Department’s examination of the so-called “fake electors” effort that became a focus of Smith’s probe.
In 2023, Smith subpoenaed phone records belonging to eight Republican senators and one House member, covering a four-day period — Jan. 4 to Jan. 7, 2021 — to examine call activity around the Capitol riot. The subpoenas did not seek call content but instead listed numbers, dates and durations.
The targeted senators included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina.
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In addition to the eight senators, Sen. Ted Cruz, R-Texas, told Fox News’ Sean Hannity Tuesday that he recently discovered Smith also attempted to subpoena his toll records but that his phone company, AT&T, did not hand them over.
Smith said the records were narrowly tailored and “entirely proper,” adding they were meant to support his investigation into Trump’s alleged efforts to subvert the 2020 election results.
His lawyers wrote to Grassley, saying the subpoenas complied with Justice Department policy and were routine.
Republicans have broadly claimed they were inappropriately spied on and compared Arctic Frost to the Watergate scandal. Smith’s lawyers emphasized the normalcy of seeking phone records and said public officials are not immune from investigation.
Smith’s attorneys also disputed accusations from FBI Director Kash Patel that the subpoenas were hidden, noting the requests were referenced in a footnote of Smith’s final report and shared with Trump’s defense team in discovery.
Fox News Digital’s Ashley Oliver contributed to this report.
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