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Senator Hagerty Files FCC Complaint Against Verizon Over Disclosure of Senate Phone Data
Hagerty demands Verizon admit wrongdoing and discipline employees involved in complying with DOJ subpoena for his phone records.
Published on Feb. 9, 2026
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Senator Bill Hagerty, a Republican from Tennessee, has filed a formal complaint with the Federal Communications Commission (FCC) against Verizon over the carrier's disclosure of phone data from Hagerty and other GOP senators to the Department of Justice during the investigation led by former special counsel Jack Smith into President Donald Trump and the 2020 election.
Why it matters
This case highlights ongoing tensions between Congress and the executive branch over the scope of prosecutorial powers and the protection of lawmakers' communications under the Constitution's speech or debate clause. It also raises questions about telecommunications companies' obligations to protect customer privacy when faced with government subpoenas.
The details
In the complaint, Hagerty's lawyers demand that Verizon publicly admit wrongdoing and discipline employees involved in complying with the DOJ subpoena. They argue that Verizon violated federal law and are calling for the FCC to assign an independent monitor to oversee the company. Verizon has defended its actions, saying the subpoenas appeared "facially valid" and only contained phone numbers without identifying the subscribers or details about the investigation.
- Hagerty filed the FCC complaint on Monday, February 9, 2026.
- The complaint comes one day before Senator Marsha Blackburn, another GOP senator targeted in the DOJ probe, is set to hold a Senate hearing on the issue.
The players
Senator Bill Hagerty
A Republican senator from Tennessee who filed the formal complaint against Verizon with the FCC.
Verizon
The telecommunications company that complied with a DOJ subpoena and handed over phone data from Senator Hagerty and other GOP senators as part of the investigation into President Trump and the 2020 election.
Jack Smith
The former special counsel who led the DOJ investigation into President Trump and the 2020 election, which prompted the subpoenas for senators' phone records.
What they’re saying
“Such discipline by the FCC would send a clear message that companies cannot collude with politically motivated prosecutors to violate customers' rights. Verizon is not above the law.”
— Lawyers for Senator Bill Hagerty (Fox News)
“The subpoenas appeared 'facially valid' and only contained phone numbers. They did not identify the subscribers or include information about Smith's investigation.”
— Verizon (Fox News)
What’s next
The FCC will review Hagerty's complaint and determine whether to take action against Verizon, such as declaring the company violated federal law and assigning an independent monitor.
The takeaway
This case highlights the ongoing tensions between Congress and the executive branch over the limits of prosecutorial powers, as well as the role of telecommunications companies in protecting customer privacy when faced with government demands for information. It raises important questions about balancing national security interests with individual civil liberties.
