Judicial Watch Sues Justice Department for Records Linking Norm Eisen to FBI’s ‘Arctic Frost’ Probe

(Washington, DC) – Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Justice for all records linking Norm Eisen to the FBI’s Biden-era “Arctic Frost” probe, specifically involving the Criminal Division, the Office of Information Policy, Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco and Special Counsel Jack Smith’s team (Judicial Watch, Inc. v. U.S. Department of Justice (No. 1:26-cv-00746)).

The “Arctic Frost” investigation was an FBI probe opened in April 2022 that targeted over 430 Republicans, including President Donald Trump’s campaign committees, and the Republican National Committee. It secretly subpoenaed phone records and metadata from Trump and at least 10 Republican senators. The investigation was transferred to Special Counsel Jack Smith.

Progressive, activist attorney Norm Eisen’s States United Democracy Center (formerly the Voter Protection Program) was accused of helping to develop legal theories and materials related to the prosecution of alternate slates of Republican electors in the 2020 election.

The lawsuit was filed in the U.S. District Court for the District of Columbia after the Justice Department failed to respond to two November 10, 2025, FOIA requests, one to the Criminal Division and the other to the Office of Information Policy (“OIP”). Both requests specified:

These records must reference both (1) the “Arctic Frost” investigation (the FBI’s codenamed investigation opened in April 2022 into alleged efforts to overturn the 2020 presidential election results, including fake electors schemes and related election interference activities); and (2) Norm Eisen (full name: Norman L. Eisen).

The Criminal Division FOIA request also asked for:

Records and communications between or among Criminal Division, DOJ, and Norm Eisen (full name: Norman L. Eisen).

The Office of Information Policy FOIA request included:

Records and communications between or among the following individuals or their staff/designees and Norm Eisen (full name: Norman L. Eisen).

• Office of Merrick Garland, Attorney General of the United States;
• Office of Lisa Monaco, Deputy Attorney General of the United States; and
• The Office of Special Counsel (OSC), including former Special Counsel Jack Smith and his staff.

The Criminal Division has refused to confirm or deny the existence of records, citing FOIA exemptions, while Office of Information Policy has failed to provide any substantive response beyond invoking FOIA’s extension provisions.

“Americans have a right to know whether Justice Department officials and outside lawyers like Norm Eisen were involved in efforts to investigate or influence political activity related to the 2020 election,” said Judicial Watch President Tom Fitton. “Judicial Watch will continue to use the courts to ensure the public has access to records showing how federal agencies investigated political activity.”

Judicial Watch is a national leader in exposing the lawfare of “Arctic Frost.” This is part of a comprehensive, ongoing investigation into the conspiracy to take down Donald Trump.

In February 2026, Judicial Watch secured the release of rosters identifying the names of top deputies who worked for former Special Counsel Jack Smith. The names were released after Judicial Watch filed a May 2023 FOIA lawsuit challenging the Biden Justice Department’s rejection of Judicial Watch’s request for “staff rosters, phone lists, or similar records depicting all employees hired by or detailed to the Office of Special Counsel Jack Smith” (Judicial Watch Inc. v U.S. Department of Justice (No. 1:23-cv-01485)).

In January 2026, Judicial Watch sued the Justice Department for records regarding the FBI Public Corruption Unit’s investigation of Trump codenamed “Arctic Frost” (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:26-cv-00163)).

In November 2025, Judicial Watch sued the Justice Department for the emails of former Special Counsel Jack Smith with officials in Georgia and New York and with the White House, congressional and law enforcement offices regarding his investigation into Trump (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:25-cv-03849)).  

In August 2025, Judicial Watch sued the U.S. Department of Justice for communications between former Assistant Special Agent in Charge Timothy Thibault and the anti-Trump organization American Oversight (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:25-cv–02556)).

Also in August 2025, a Georgia state court ordered Georgia District Attorney Fani Willis to provide new information and potentially conduct a new search for Trump-related records because her recent affidavit to the court made no reference to whether any searches of the devices of former Fulton County Special Prosecutor Nathan Wade or those of Chief Investigator Michael L. Hill, who was involved gathering evidence and coordinating investigative efforts, and likely met with the January 6 Committee (Judicial Watch Inc. v. Fani Willis et al. (No. 24-CV-002805)).

In June 2025, Judicial Watch sued the Justice Department for records about the FBI’s investigation of Trump codenamed “Arctic Frost” (Judicial Watch, Inc. v. U.S. Department of Justice (No. 1:25-cv-02011)).

Also in June 2025, Judicial Watch sued Arizona Attorney General Kris Mayes for her communications with Smith (Judicial Watch v. Kristin Mayes and Arizona Department of Law (CV 2025-020674)).

In March 2025, Judicial Watch sued the Justice Department for details of any investigations, inquiries, or referrals concerning potential misconduct of any person working for Smith (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:25-cv-00801)).

In January 2025, a federal court ordered the Justice Department to provide Judicial Watch information on communications between Special Counsel Jack Smith and District Attorney Fani Willis regarding the prosecution of Trump. The Justice Department had continued to object to providing any information even after its prosecutions against Trump were shut down (Judicial Watch v. U.S. Department of Justice (No. 23-cv-03110)).

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