Wiles’ Attorney: No, I Did Not Give FBI Consent to Wiretap Our Call

Someone’s lying. And in this case, I’d bet it’s not the lawyer. 

Yesterday, Reuters reported that hidden files within the FBI revealed communications surveillance on now-FBI Director Kash Patel and White House chief of staff Susie Wiles in 2022-23. The “toll records” surveillance supposedly came as part of the Department of Justice probes into Donald Trump’s alleged mishandling of classified material at Mar-a-Lago and the January 6 riot. Neither Patel nor Wiles played a role in either, however, although both had begun working for Trump’s nascent presidential campaign during that same period. 

This alone raises significant questions about the nature of Merrick Garland’s DoJ and Jack Smith’s actions as special counsel, which I explored yesterday. The real bombshell from Reuters came further into the article, however, when they reported that the FBI had recorded a call between Wiles and her attorney at the time without her knowledge:

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.

Note well that this does not involve “toll records.” This was a direct wiretap of the phone call itself, the kind of surveillance that crosses lines in several ways. First, the FBI would be required to get a warrant for this kind of recording, or it would have to get consent from at least one party to the call, assuming the call took place in a one-party consent jurisdiction. Wiles ran Save America at the time, located in Virginia, which is a one-party consent state. 

The FBI claimed it had the consent of Wiles’ attorney to record their call, which would satisfy that legal issue – but opened up another huge controversy. What kind of attorney would allow the FBI to record a privileged conversation with a client? Amid calls for disbarment and prosecution, Wiles’ attorney reached out to Axios’ Marc Caputo to categorically deny ever consenting to a wiretap with his client:

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… https://t.co/yG9AdDc38b pic.twitter.com/sdEtR3eZ0u

— Marc Caputo (@MarcACaputo) February 26, 2026

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.”

I’ve sadly seen too many unreasonable people on social media swarm together and attack people over false or unfair allegations

Sometimes news dictates naming names and letting chips fall where they may

In this case, it doesn’t https://t.co/OYqExe5ZS4

— Marc Caputo (@MarcACaputo) February 26, 2026

Chris LaCivita, who served as co-chair of Trump’s 2024 campaign with Wiles, added his endorsement later in the evening:

I know the long time lawyer ….and I believe him – This is a violation of basic constitutional rights every American by right – has. We need accountability and we need action https://t.co/f6oeajJJ4m

— LaCivita Chris (@LaCivita_C) February 27, 2026

The FBI has two big problems with this intrusion. First off, no law enforcement agency can record phone calls without the express consent of at least one party to the call without a warrant. The FBI cannot do this even in a counter-intelligence operation if the conversation involves a US person as any party, without seeking a warrant from a FISA court first. If Wiles’ attorney did not provide consent and the FBI didn’t have a warrant, this is a wiretapping crime.

Second, it is absolutely forbidden for law enforcement to listen to privileged conversations between attorneys and clients. The only exceptions here are for non-privileged discussions (a very ambiguous line) and cases where law enforcement has probable cause/reasonable suspicion that the conversation relates to criminal activities in which the lawyer is participating. Any such surveillance violates the constitutional rights of the client to have effective counsel. Even if the attorney gave consent – which would result in disbarment – this still represents a gross violation of Wiles’ constitutional rights and an illegal surveillance that rises to criminal behavior in itself. 

On top of that, the whole operation smells like a Watergate raised to an exponential level. Targeting Wiles and Patel makes the character of these probes look very much like a political operation intended by the Biden Regency to pervert an upcoming election. Jonathan Turley explains why this should alarm everyone:

Ultimately, these files are not only an indictment of Jack Smith but also of former Attorney General Merrick Garland, who failed to exercise his authority to oversee Smith and protect core constitutional values.

It is essential that Congress and the Administration fully investigate Smith’s surveillance demands.  Smith has long demanded accountability for others while evading such accountability for his own actions.

If past orders are any indication, the Patel and Wiles orders were likely based on sweeping generalities and demands for absolute secrecy. That is the signature of Jack Smith. Indeed, Smith appears to have replicated his increasingly infamous record with the collapse of two high-profile cases and lingering questions over his judgment and actions.

He has again yielded to his temptations, and the public has paid the price.

If the FBI participated in Watergate Squared and wiretapped Joe Biden’s political opponents looking for dirt, then the agents involved should be prosecuted for it. As six Democrats rushed to tell members of the armed services, “I was just following orders” is not a legal defense for law enforcement, either. Maybe the Biden-era DoJ needs to be treated like a RICO target, and rolling up the lower-level members of the racket can expose those giving the orders. As I recall, a few Watergate figures spent time in federal prison, so let’s apply the law consistently. 

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