FBI Subpoenas of Current Leadership During 2022 Probe Trigger Agent Dismissals
Washington, Thursday, 26 February 2026.
The FBI fired ten agents today after confirming the bureau subpoenaed phone records of current Director Kash Patel and Chief of Staff Susie Wiles during the 2022 special counsel investigation.
Surveillance of Private Citizens
The personnel dismissals, executed on Wednesday, February 25, 2026, specifically impacted employees involved in the investigation into the retention of classified documents at Mar-a-Lago [4]. According to exclusive reporting, the bureau obtained “toll records”—data detailing the timing and recipients of calls—belonging to Kash Patel and Susie Wiles throughout 2022 and 2023 [1]. At the time of this surveillance, both Patel, who assumed the role of FBI Director in February 2025, and Wiles, the current White House Chief of Staff, were private citizens [1][5]. The subpoenas were issued as part of Special Counsel Jack Smith’s federal probe into Donald Trump, which examined efforts to overturn the 2020 election results and the handling of classified materials [2][3].
Scope of the Special Counsel Probe
Special Counsel Jack Smith was appointed in November 2022 to oversee the investigations into then-former President Trump [1][2]. While the subpoenas for Patel and Wiles coincided with this timeline, reporting from CBS News highlights a distinction in the investigative focus: sources confirmed that Wiles’ records were reviewed specifically as part of the classified documents case, whereas sources claimed Patel’s records were not subpoenaed in the separate election interference probe, known as “Arctic Frost” [4]. Despite these nuances, the dismissal of ten employees suggests a significant administrative reaction to the handling of the Mar-a-Lago inquiry [4]. GOP leaders have previously denounced Smith’s investigative techniques, which included seizing phone records of U.S. senators to verify timelines surrounding the January 6 Capitol riot [2].
Legal Aftermath and Policy Shifts
These internal administrative actions occur against a backdrop of concluding legal battles regarding the Special Counsel’s work. On February 23, 2026, a federal judge barred the Justice Department from releasing the second volume of Jack Smith’s report concerning the documents investigation [2]. This follows the dismissal of the election interference case and the withdrawal of the appeal in the classified documents case after Donald Trump’s victory in the 2024 election, in adherence to Justice Department policy against prosecuting a sitting president [2][5]. With the investigations formally closed, the focus has shifted to the internal governance of the FBI and the implications of surveilling individuals who now occupy the highest levels of the federal government.