Federal investigators obtained phone call records belonging to Kash Patel and Susie Wiles while both were private citizens, according to information shared by Patel this week. The records were gathered during investigations connected to former President Donald Trump that took place between 2022 and 2023.
Patel, who later became FBI director, said the phone data was collected through subpoenas during a period when federal prosecutors were examining whether Trump interfered with the 2020 presidential election and improperly retained classified documents after leaving office. At the time, those investigations were overseen by a special counsel appointed in late 2022.
The matter came to light after Patel said he discovered the records following leadership changes at the FBI in early 2025. He described the collection and internal handling of the data as an example of excessive use of investigative authority by senior officials during the previous administration.
In a statement, Patel said the subpoenas were issued under what he called weak justifications and that the related files were stored in restricted internal categories, making them difficult to locate later. He added that the classification system used for those files limited oversight and has since been discontinued.
According to multiple officials familiar with the matter, at least ten FBI employees have been dismissed following internal reviews related to how the records were handled. The scope and timing of the dismissals, however, have not been independently verified.
Democratic lawmakers have previously defended the investigative methods used by the special counsel, stating that obtaining phone records is a common and lawful practice when authorities are attempting to establish timelines or identify potential connections during major federal probes.
Phone records obtained through subpoenas typically include call times and recipient information but do not provide the content of conversations. Federal authorities are permitted to collect such records without judicial approval under existing law.
Patel had publicly stated in 2022 that Trump had declassified documents stored at his Florida residence, a position that prosecutors later disputed. That same year, Patel was called to testify before a grand jury after being granted limited immunity.
It remains unclear who authorized the subpoenas or whether Patel or Wiles were formal subjects of the investigations. Both individuals were known to have been interviewed by investigators due to their close professional ties to Trump during the period under review.
One incident in 2023 involved a recorded phone call between Wiles and her attorney. Officials familiar with the situation said the attorney consented to the recording, though Wiles herself was not informed at the time.
Several former senior officials named in connection with the investigations did not immediately respond to requests for comment. Court orders currently restrict public discussion of certain aspects of the documents inquiry, including the release of final investigative reports.
The special counsel had previously told lawmakers that investigators followed all legal requirements and raised concerns about potential obstruction of justice based on evidence gathered during the probe. While felony charges were filed against Trump in 2023, the case related to classified documents was later dismissed, and no appeal proceeded after Trump secured a second presidential term. Trump has consistently denied wrongdoing.
Patel said he remains unsure why phone records connected to him and Wiles were collected and noted that the data gathering appeared to extend into Wiles’ role as a senior adviser during Trump’s 2024 campaign. He also confirmed that records were stored under internal designations that limited visibility within FBI systems, a practice he says has now been ended.
