FBI Subpoenaed Kash Patel Phone Records During Trump Election Probe Under Biden

The US Federal Bureau of Investigation (FBI) legally obtained phone records of Kash Patel and Susie Wiles during investigations linked to former President Donald Trump, according to statements made by Patel. The action reportedly took place between 2022 and 2023 under the administration of President Joe Biden.

The subpoenas were issued as part of broader federal probes examining Trump’s handling of classified documents and alleged interference in the 2020 presidential election. These investigations were overseen by Special Counsel Jack Smith, who was appointed in November 2022 to lead the inquiry.

Patel, who now serves as FBI Director, described the move as government overreach carried out by previous FBI leadership. He claimed that investigators secretly subpoenaed what are known as “toll records” — which include details such as call times and recipients, but not the content of conversations. Under US law, such records can be obtained through subpoenas without requiring a judge’s prior approval.

According to Patel, the records were collected while he and Wiles were private citizens. Both were known to be close allies of Donald Trump during the period when he was preparing his 2024 presidential campaign. Patel had publicly supported Trump’s claim that certain documents taken to Mar-a-Lago were declassified — a position later disputed by prosecutors.

While Patel raised concerns about transparency and oversight, several details surrounding the scope and timing of the subpoenas remain unclear. It has not been independently confirmed whether Patel or Wiles were themselves targets of the investigation or simply part of a broader evidence-gathering process.

Democratic lawmakers have defended the investigative steps, stating that subpoenaing phone records is a standard practice in complex federal investigations. Supporters argue that investigators routinely gather communication metadata to establish timelines and verify connections between individuals.

The classified documents case against Trump led to felony charges in 2023, though the case was later dismissed by a federal judge. An appeal was subsequently dropped following Trump’s re-election. Trump has consistently denied any wrongdoing in both the classified documents probe and the election interference investigation.

Patel also alleged that the phone records were filed under restricted classifications within FBI systems, making them difficult to locate after he assumed leadership in early 2025. He stated that he has since ended the bureau’s ability to categorise files in that manner.

The controversy adds another layer to the ongoing political debate surrounding federal investigations into Trump and his associates. It also raises broader questions about investigative authority, oversight mechanisms, and the balance between national security concerns and civil liberties.

As the issue unfolds, it continues to draw attention across Washington, highlighting the deeply polarised political climate in the United States.