Newly released FBI memos detail approval of a paid confidential source as lawmakers and former Trump allies raise constitutional concerns about the investigation.
By yourNEWS Media Newsroom
Then–Special Counsel Jack Smith’s office approved a $20,000 payment in 2023 to a confidential human source for information used in the FBI’s controversial investigation known as Arctic Frost, which examined efforts by President Donald Trump, his lawyers, and allies to challenge the 2020 election results, according to documents reported by Just the News.
The approval is documented in a series of internal FBI memoranda recently turned over to Congress by FBI Director Kash Patel. The records provide new details about the scope and tactics of the Arctic Frost inquiry, which sought to determine whether Trump and his associates violated federal law by advancing alternate electors ahead of Congress’ certification of the 2020 election won by Joe Biden.
Patel told Just the News that the paid informant disclosure is further evidence the investigation constituted, in his words, an “egregious abuse of power and violation of the law.” He said the document release is part of a broader effort to provide transparency to Congress and the public after years of restricted access under previous FBI leadership.
According to the memos, FBI supervisors repeatedly explored making Trump himself a formal subject of the probe, an effort that was ultimately rejected. The documents also describe investigators’ reliance on reporting from left-leaning media outlets and outline the breadth of data collection aimed at figures associated with Trump.
The records state that the FBI obtained email data from nearly 150 individuals connected to Trump and analyzed phone records for at least 16 associates, including former campaign manager Bill Stepien, attorneys Sidney Powell, Jenna Ellis, and Cleta Mitchell, former New York City Police Commissioner Bernard Kerik, and media figure Steve Bannon. In addition to personal devices belonging to Trump and former Vice President Mike Pence, agents reviewed call records from more than 50 White House–issued cell phones.
The most significant disclosure in the newly released material concerns the paid informant. One internal FBI electronic communication states that prosecutorial approval was granted on June 2, 2023, for a $20,000 payment to a confidential source “for information provided in support of the captioned investigation.” The memo notes that the payment was discussed by Counselor to the Special Counsel Raymond Hulser and Assistant Special Counsel Julia Gegenheimer, with the approval of Special Counsel Jack Smith.
In a follow-up email included in the records, an FBI agent requested concurrence from Smith’s office for the payment. Hulser replied succinctly, “Concur, thank you.”
Patel said the documents demonstrate the FBI’s intent to fully disclose evidence of what he described as law enforcement weaponization. “Under my leadership, the FBI is producing documents at record speed to get the facts straight to the American people,” Patel said, adding that the bureau is committed to restoring accountability and public trust.
The existence of a paid informant in Arctic Frost had long been rumored, and the disclosure has renewed speculation about the individual’s identity and whether the source was embedded within Trump’s political or legal circle.
The investigation has drawn sustained criticism because it relied on a court order from U.S. District Judge James Boasberg that allowed Smith’s office to obtain phone records from eight U.S. senators and one member of the House. The data collection also swept in communications involving hundreds of conservative activists, organizations, and legal advisers.
At least two lawmakers whose records were obtained—Sen. Lindsey Graham of South Carolina and Sen. Marsha Blackburn of Tennessee—have publicly stated their intent to pursue legal action against the Department of Justice, arguing the probe violated congressional privilege and the separation of powers. Other Republican lawmakers have raised Fourth Amendment concerns, describing the investigation as overly broad and akin to a fishing expedition.
Two former Trump attorneys whose communications were collected described the revelations as deeply troubling. Ellis said the investigation interfered with attorneys’ ability to represent their clients. “When the government targets private citizens just for representing Donald Trump, they’re blatantly ignoring the Fourth Amendment,” she said, calling Arctic Frost a constitutional “red line.”
Ellis and Mitchell urged Attorney General Pam Bondi to open an immediate investigation into the newly disclosed documents. Mitchell said learning that confidential informants were used against what she described as the election integrity movement was “absolutely shocking,” though she added it was consistent with what she called repeated constitutional violations by senior Biden administration officials.
“As a private citizen and an election lawyer, I have been dedicated to honest elections for my entire career,” Mitchell said. “To think that officials were intent upon spying on me and my colleagues over concerns about the 2020 election, without any criminal predicate, is grounds for investigating each of them.”
The Justice Department has not publicly responded to the latest disclosures.
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