FBI Director Kash Patel has revealed that former President Joe Biden’s administration secretly obtained his phone records, along with those of now–White House Chief of Staff Susie Wiles, while both were private citizens.
According to Patel, Biden’s FBI allegedly attempted to conceal the action.
In a statement to Reuters, Patel described the move as a troubling example of bureaucratic overreach during the previous administration.
“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,” Patel said.
Toll Records Seized During Trump Probe
According to Patel, the subpoena involved so-called “toll records.”
The records are logs that detail the timing and recipients of phone calls.
However, they do not log the content of conversations.
The records were reportedly collected in 2022 and 2023.
They were acquired amid former Special Counsel Jack Smith’s discredited federal “investigations” into President Donald Trump.
Smith’s investigations focused on President Trump’s challenge to the 2020 election results and the alleged retention of classified documents at Mar-a-Lago.
He assumed control of the probe in November 2022 after being appointed by then–Attorney General Merrick Garland.
Patel said the records were obtained before he became FBI director and before Wiles assumed her current role.
Alleged Attempt to Conceal Subpoenas
Patel further stated that the records were stored in a way that made them difficult to discover once he took over leadership of the Bureau.
According to Patel, the toll records were categorized under “Prohibited” files within the FBI’s system, a designation he says limited accessibility and hindered oversight.
Since taking office, Patel said he has eliminated the agency’s ability to classify files as “Prohibited.”
Under federal law, investigators may obtain toll records through a subpoena without judicial approval, even in cases involving high-profile individuals.
Such records are often used to verify timelines or identify contacts during ongoing investigations.
Jack Smith’s Defense
Smith previously told Congress that the phone records were part of investigative efforts to establish the timeline surrounding the January 6, 2021, Capitol protests.
He said he “followed Justice Department policies, observed legal requirements, and took actions based on the facts and the law.”
In December 2025, the House Judiciary Committee released video and transcripts from Smith’s deposition regarding his investigations into President Trump.
During that testimony, Smith said he believed he had proof “beyond a reasonable doubt” for the charges brought against the then-former president.
Smith has never provided any of this alleged proof, however,
He also denied that the investigations were politically motivated.
Classified Documents Case Dismissed
Earlier this week, a federal judge ruled that Smith’s report concerning his classified documents investigation into President Trump would not be released.
Smith had charged Trump in 2023 with felony offenses related to the handling of classified materials.
President Trump denied wrongdoing.
A federal judge ultimately dismissed the case, and Smith later dropped his appeal following Trump’s victory in the 2024 presidential election.
Patel’s disclosure adds a new dimension to scrutiny over the conduct of federal law enforcement agencies during the prior administration, particularly regarding investigative actions taken against individuals who are now senior officials in the Trump White House.
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