Posted originally on CTH on February 27, 2026 | Sundance 

Yesterday the alarming story surfaced of Biden-era FBI officials working for Jack Smith conducting phone record surveillance on Kash Patel and Susie Wiles in 2022 and 2023 when Donald Trump was organizing his second term candidacy.

Beyond the initial element of subpoenas for Patel and Wiles phone records was an alarming assertion made inside the Reuters report stating:

“[…] In 2023, the FBI recorded a phone call between Wiles and her attorney, according to two FBI officials. Wiles’ attorney was aware that the call was being recorded, and consented to it, but Susie Wiles was not.” (source)

That statement is shocking on many levels.  There is no legal mechanism for the FBI to gain wiretap authority to record a phone conversation between a lawyer and his client.  Every legal cannon that underpins the American legal system forbids such an intrusion.

Any lawyer who would consent to his client being recorded by the FBI while keeping the client unaware would be disbarred and lose their license.

No judge or legal authority would even consider approving a warrant for such a wiretap, and inside the judiciary any of the content from such a violative breech would be immediately nullified in any capacity.

Reporting by Marc Caputo of Vice News now reflects the lawyer categorically denying being aware of his conversation with Susie Wiles being intercepted or recorded.  “The lawyer representing Susie Wiles at the time of this incident categorically denies he allowed his client to be recorded by the FBI w/out her consent.  I understand she believes him & that the Biden-era FBI may have lied about it.  Here’s what the lawyer told me: “If I ever pulled a stunt like that I wouldn’t – and shouldn’t – have a license to practice law. I’m as shocked as Susie.” (source)

As the story now rests. If the FBI does indeed have a recording of a private phone call between Susie Wiles and her attorney, the recording itself could have only come from an illegal wiretap by rogue elements of the FBI working in coordination with Jack Smith.  No judge would ever approve of such a violative action.

If such a recording and wiretap does factually exist, Jack Smith and the top elements of the former DOJ (Merrick Garland and Lisa Monaco) together with FBI leadership Director Christopher Wray, now have a lot to answer to.  Again, that is if the predicate claim is factual; if a recording of such an intercept does factually exist.

This is certainly a story to watch closely and see who exactly is asking the right questions to get the right answers.