FBI secretly seized Kash Patel and Susie Wiles’ phone records under Biden, then buried them where no one could find them

The FBI secretly subpoenaed phone records belonging to Kash Patel, now the FBI Director, and Susie Wiles, now the White House Chief of Staff, when both were private citizens in 2022 and 2023. These records were then hidden in “Prohibited” files, making them very difficult for officials to find later.

Patel revealed this week that the FBI obtained “toll records,” which show the timing and recipients of phone calls, but not the actual content of conversations. He said these actions took place largely during the Biden administration, around the time Special Counsel Jack Smith was investigating President Trump over the Mar-a-Lago classified documents case and alleged interference with the 2020 election. Smith was appointed to lead that investigation in November 2022.

According to Reuters, the collection of phone records also extended into Wiles’ time as President Trump’s co-campaign manager. Both Patel and Wiles were known close allies of President Trump and were interviewed by investigators as part of Smith’s inquiry into Trump’s retention of classified documents after he left office in 2021.

The hidden FBI files point to a serious lack of oversight and accountability

Patel called the seizing of his and Wiles’ phone records, along with efforts to conceal them, “outrageous and deeply alarming.” He views this as a clear example of overreach by unelected government officials, claiming the FBI used “flimsy pretexts” to justify the subpoenas and buried the process in files designed to avoid oversight. 

Patel has since ended the FBI’s ability to categorize files this way. Patel has faced scrutiny over his own conduct as FBI Director, including questions about his use of the FBI jet for personal travel while agents were left without resources during emergencies.

In one notable incident, the FBI recorded a phone call between Susie Wiles and her attorney in 2023. While Wiles’ attorney knew about and agreed to the recording, Wiles herself was not told. The revelations about targeting Patel, Wiles, and others connected to the Mar-a-Lago case have already led to at least 10 current FBI employees being dismissed.

Democrats in Congress have consistently defended Smith, arguing he acted appropriately in seeking phone records and other evidence. Smith told Congress that his office “followed Justice Department policies, observed legal requirements and took actions based on the facts and the law.” He also testified that call records from lawmakers helped verify timelines around the January 6 Capitol riot, and that these records did not include the content of conversations.

Patel had publicly stated in 2022 that President Trump had declassified the documents taken to Mar-a-Lago, a claim prosecutors disputed. He was later called before a grand jury hearing evidence in the case that year, after being granted limited immunity from criminal charges. 

Smith charged President Trump with felonies related to the documents investigation in 2023, but that case was dismissed by a federal judge after Trump won election to a second term. Patel has also drawn attention for his secret meetings and off-duty activities since taking over as FBI Director.

The exact purpose behind the FBI seizing Patel and Wiles’ phone records remains unknown. Many details about the full extent, precise timing, and motive for the record collection could not be independently verified. It is also unclear whether Patel or Wiles were themselves under investigation at the time. A spokesperson for Smith declined to comment on Patel’s allegations. President Trump has consistently denied any wrongdoing related to Smith’s investigations.