Every day brings fresh proof that the Biden Justice Department’s “Arctic Frost” operation was one of the most brazen surveillance operations carried out on political opponents in modern American history. And what’s most alarming is the secret method that allowed phone records to be seized without anyone even knowing.
Sen. Chuck Grassley (R-IA) recently released new documents showing that former special counsel Jack Smith didn’t stop at targeting Republican lawmakers and right-leaning nonprofit organizations — he even demanded more than two years of phone records from now-FBI Director Kash Patel.
This wasn’t a fishing expedition limited to a handful of targets. Arctic Frost involved hundreds of subpoenas for call logs and data records of Republican members of Congress, Trump allies, and private citizens. How did Smith do all of this without anyone knowing? He used an obscure process called the “nondisclosure order.” That means Smith could force AT&T to turn over private phone records — and AT&T was not allowed to tell anyone about it.
The good news is that this is now becoming public. The Senate Judiciary Subcommittee held a hearing on “Arctic Frost: A Modern Watergate,” which was a welcome step toward sunlight. Hearings matter. Oversight matters. But investigations and press releases will never be enough. Without legislation, there are no guardrails. The next Democratic administration could simply appoint another “independent” prosecutor, unleash another round of witch hunts, and find another activist judge willing to sign off on secret data sweeps against everyday Americans and their elected representatives.
We can — and must — hold the architects of this abuse accountable. But accountability without prevention is theater. It is the job of Congress to codify the guardrails into law so that no future Jack Smith can repeat the same playbook.
Fortunately, a bipartisan solution already exists. Congress is considering legislation that would change how NDOs are used so that no one can secretly target phone records without the subject knowing. Reform is common sense. If the FBI is going to get a search warrant to raid your home, they would need approval from a judge, and you would certainly find out. The rules shouldn’t change when it comes to seizing years of your electronic data.
PATEL LOOKING TO RELEASE OLD FILES ON SWALWELL’S TIES TO ALLEGED CHINESE SPY
Smith targeted prominent Republicans, including Patel, Sen. Lindsey Graham (R-SC), and White House chief of staff Susie Wiles. But the truth is that no one is safe. The same surveillance tactics used against Republican members of Congress and government officials can and will be used against everyday Americans. That is why this fight transcends party lines.
Hearings and headlines are important, but there is simply no substitute for legislative action. Indeed, it will take an all-of-the-above approach to end the weaponization of government. Stopping secret NDOs would tell any future Jack Smith that the era of secret subpoenas and lack of accountability is over.
Jeremy Hunt is a former Army intelligence captain, frequent Fox News commentator, lawyer, and Hudson Institute Media Fellow.