Schiff says Republicans raised no objection when the Barr Justice Department "sought toll records from members of Congress"
Adam SchiffU.S. senator from California and member of the Senate Judiciary Committee
Sen. Adam Schiff's remarks to former special counsel Jack Smith at the Senate Judiciary Committee's Sept. 29, 2026 hearing.
Excerpt from 3:44:47 to 3:54:57 of the committee's archived hearing video. DI added its logo in the corner.
Video: U.S. Senate Committee on the Judiciary. Public domain (U.S. government work) (opens in a new tab)
Watch the full original video (opens in a new tab) (relevant passage: Sen. Adam Schiff's remarks to Smith, about 3:44:50 to 3:45:24 and 3:53:32 to 3:53:41 on the archived video timeline)
In his remarks to Smith, Sen. Adam Schiff said that despite his Republican colleagues' outrage over Smith requesting toll records because Rudy Giuliani and other co-conspirators were calling some members of Congress, the Barr Justice Department also sought toll records from members of Congress, which he said involved Democrats' records, with "not a peep" from those colleagues. He said that apparently did not violate the Speech or Debate Clause, and said members' toll records were requested as witnesses, not targets.
“for all of the outrage of my colleagues over your requesting toll records because Rudy Giuliani and other co-conspirators were calling some of the members of this body ... the Barr Justice Department sought toll records from members of Congress. Not a peep from my colleagues about that ... That apparently was okay. That apparently doesn't violate speech and debate. ... My colleagues talked about the stress on members of having their toll records requested as witnesses, not even targets.”
Original video

Where this statement fits
Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
On September 29, 2026, the Senate Judiciary Committee held a hearing titled "Oversight of Jack Smith's Abuse of Authority and the Targeting of Republicans and Related Matters," with former special counsel Jack Smith as its only witness. Committee Chairman Chuck Grassley (R-IA) and other Republicans said that Smith's team, in the FBI's Arctic Frost investigation and its own election case, obtained members of Congress's phone toll records and text messages, used nondisclosure orders to keep members from learning of it, and breached the Speech or Debate Clause. Smith said the toll records were non-content records obtained after he directed his staff to consult the Justice Department's Public Integrity Section, and that the nondisclosure orders were consistent with the law and Justice Department policy at the time. Ranking Member Dick Durbin (D-IL) called the attacks on Smith "petty, personal, and political." The sides and the documents give different counts of the members affected. The dispute is whether the collection of members' phone records and messages was proper.
Source and context
Original video
About this source
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Adam Schiff said Republican senators had not objected when an earlier Justice Department sought members' toll records, and said members' toll records were requested as witnesses, not targets.
Archived copy (opens in a new tab)Watch the clip from this source at the top of the page.
Before the quotation
Schiff's turn followed Sen. Darline Graham's. He began by telling Smith he was sorry Smith had been attacked during the hearing and by saying that none of his Republican colleagues had contested the events of January 6, 2021.
After the quotation
Schiff went on to say Republicans had also been silent when the Justice Department sought to indict two senators and four House members over a video about illegal orders, and then discussed the evidence of January 6 and the second volume of Smith's report. Later, after Sen. Sheldon Whitehouse made a similar comparison, Chairman Grassley entered into the record a November 2, 2023 letter to the Justice Department inspector general about subpoenas of congressional staff records in 2017, and said Republicans did raise concerns about the Justice Department obtaining records from congressional staff of both parties.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case asks whether the collection of members' phone records and messages was proper. Schiff said the outrage over the toll-record requests was not matched when an earlier Justice Department sought Democratic members' toll records, and said members were witnesses rather than targets. That defends the collection as consistent with past practice, so we labeled it Defended or excused.
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The Dispute Index. "Schiff says Republicans raised no objection when the Barr Justice Department "sought toll records from members of Congress"". First published: 2026-09-29. Last updated: 2026-09-29. https://disputeindex.com/events/3350-in-his-remarks-to-smith-sen-adam-schiff