Raskin says the toll records "were lawfully subpoenaed" because Trump "made those Members of Congress relevant to the investigation"
U.S. representative from Maryland and Ranking Member of the House Judiciary Committee
“My colleagues have complained about the Special Counsel’s review of toll records, which are phone records like a phone bill showing only the timing and duration of calls and containing no content, no substance whatsoever from the calls. But those records were lawfully subpoenaed because Donald Trump made those Members of Congress relevant to the investigation. It was Trump who chose to call them to advance his criminal scheme.”
Source and context
Official statement
About this source
House Judiciary Committee Democrats' text of Ranking Member Jamie Raskin's opening remarks at the committee's January 22, 2026 hearing with Jack Smith. In one paragraph Raskin addresses Republican complaints about the toll records of members of Congress.
Archived copy (opens in a new tab)Before the quotation
Earlier in the opening statement, Raskin said that as rioters attacked the Capitol on January 6, 2021, Trump and his team called members of Congress urging them to delay certification of the election. Just before this passage he told Smith he had followed every applicable law, ethics rule and Justice Department regulation.
After the quotation
Raskin added that Smith had testified that toll records for Democratic senators would have been obtained had Trump called them, and closed the passage by saying, "I trust our colleagues get the point, because America certainly gets the point."
How this statement is classified
Case context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
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. Raskin said the toll records were lawfully subpoenaed because Trump made those members relevant to the investigation. That defends the collection as proper, so we labeled it Defended or excused.
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Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
Explore the case context, sources and public responses.
More from this case
Read the full case“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.”Read statement
“It's been widely reported that you and your team issued some 44 subpoenas related to the tolling records of at least 20 Republican members of Congress, including at least eight U.S. senators, including at least four members of this committee ... it appears the actual reason for the NDOs was to avoid giving those members the opportunity to challenge the subpoenas pursuant to the protection that they enjoyed under the Constitution's speech and debate clause. ... Your team took actions to directly undermine the separation of powers at the heart of the Constitution.”Read statement
“the Department of Justice's own Public Integrity Section, it did give you explicit warnings that going after the phone records of members of the legislative branch carried what they referred to as litigation risks due to these constitutional privileges. ... you never actually told Chief Judge Boasberg that you were targeting 19 members of a coordinate branch of government, the legislative branch. ... There should be an articulated basis for secrecy when you're asking for a gag order. ... in a way that arguably makes what Richard Nixon did in Watergate look like a Sunday picnic.”Read statement