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Sep. Chuck GrassleyThe Iowa Republic on Thursday released an April 2022 Justice Department memorandum showing that then-Attorney General Merrick Garland, then-Deputy Attorney General Lisa Monaco and then-FBI Director Christopher Wray personally approved the FBI's investigation into alleged efforts by Trump campaign associates to obstruct Congress' certification of the results. 2020 elections.
Grassley posted a four-page memo on X, saying it proved that top Biden administration officials “personally approved” the case, which he called “Arctic Frost,” and that it “unleashed unchecked government power at the highest levels.”
The Iowa Republican added: “My oversight will continue.”
Memo for April 2022signed by Garland, Monaco and Wray, authorized the FBI's Washington office to open what the bureau called a “sensitive investigation.” The document details the FBI's request to determine whether individuals associated with Donald Trump's 2020 campaign conspired to prevent Congress from certifying the Electoral College on January 6, 2021.
“Following 2020 Presidential and Vice Presidential Elections“In an apparent attempt to obstruct the certification of the Electoral College by Congress, fraudulent certificates of electoral votes purporting to reflect the actual electoral votes of the states of Arizona, Georgia, Michigan, Nevada and Wisconsin were submitted to the Archivist of the United States,” the summary states. “Open source reports and public statements made by individuals closely associated with Donald J. Trump, Inc. (Trump) Campaign) provide a clear factual basis indicating the existence of a federal crime, and thus the FBI is committed to launching a full investigation.
“Because this investigation involves a SIM card, as stated in the DOJ memorandum dated February 5, 2020, entitled “Additional Opening Requirements for Certain Confidential Investigations” (DOJ Memo), your authorization is required before WFO can begin this full investigation,” the document states.
Monaco wrote at the bottom of the document, “Merrick, I recommend your approval,” before initialing and dating it 4/5/22. Garland ultimately signed an investigation agreement that same day.
Senator Chuck Grassley released a memo from former FBI Director Christopher Wray to former Attorney General Merrick Garland asking him to open an investigation into the Trump campaign in April 2022 for allegedly attempting to interfere with Congress' certification of the 2020 election results. (Samuel Corum-Poole, Anna Moneymaker and Anna Moneymaker via Getty Images)
The authorization came more than a year after the Jan. 6, 2021, Capitol riot and months before now-Former Special Advisor Jack Smith was appointed to oversee the relevant investigations. The memo appears to document the early stages of the Justice Department's investigation into the so-called “fraudulent voter” efforts that were the subject of Smith's investigation.
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 related to the Capitol riot. The subpoenas did not require the contents of the calls, but instead specified numbers, dates and durations.
Senators targeted included Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham South Carolina.
Jack Smith, U.S. Special Attorney, speaks at a news conference in Washington, D.C., Tuesday, August 1, 2023. (Al Drago/Bloomberg via Getty Images)
In addition to the eight senators, Sen. Ted CruzR-Texas told Fox News' Sean Hannity on Tuesday that he recently discovered that Smith also tried to subpoena his toll records, but his phone company AT&T would not turn them over.
Smith said the recordings were highly specialized and “totally correct,” adding that they were intended to support his investigation into Trump's alleged efforts to undermine the 2020 election.
Senator Chuck Grassley, Republican of Iowa and chairman of the Senate Judiciary Committee, speaks at a hearing in Washington, DC, US, Tuesday, September 16, 2025. (Al Drago/Bloomberg via Getty Images)
His lawyers wrote to Grassley, saying the subpoenas are consistent with Justice Department policy and are routine.
Republicans in general claimed they were inappropriately spied on and compared “Arctic Frost” to the Watergate scandal. Smith's lawyers stressed that requests for phone records are normal and said government officials are not immune from investigations.
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Smith's lawyers also disputed FBI Director Kash Patel's allegations that the subpoenas were withheld, noting that the requests were mentioned in a footnote in Smith's final report and were shared with Trump's defense team when discovered.
Fox News Digital's Ashley Oliver contributed to this report.
