DOJ probed Biggs, Gosar texts and calls in Jan. 6 case

The two Arizona Republicans were among 14 members of Congress who former special counsel Jack Smith’s team considered targeting with subpoenas, according to documents released by Senate Republicans March 24.

The DOJ lawyers wrote in emails that Biggs and Gosar were in touch with “pertinent parties” in the case, calling and texting with various Trump surrogates in the weeks before and after the Jan. 6, 2021, riot at the nation’s Capitol.

“It is unlikely that many of those members will cooperate with our investigation,” the Justice Department memo noted.

The Arizona congressmen were deeply involved in the effort to undermine the election Trump lost nearly six years ago.

Biggs was among Trump’s most outspoken allies in denying the election's outcome and was credited with helping plan the Jan. 6 demonstration in front of the Capitol in a video by “Stop the Steal” organizer Ali Alexander, a claim that Biggs has emphatically denied.

Alexander famously described Gosar as the movement’s “spirit animal” in a since-deleted video. Gosar, too, has denied he planned the riot.

More recently, Biggs has sought to distance himself from talk of the 2020 election as he runs for governor of Arizona.

Biggs, Gosar contacted top targets in Jan. 6 case

It was not clear in the latest trove of documents, released by Republican leaders of the Senate Judiciary Committee, what the congressmen discussed in the text and phone conversations that landed them under DOJ scrutiny.

But they were among a relatively short list of representatives who were in touch with the top targets of Smith's investigation, the new records suggest.

Biggs had “lots of texts” and a phone call with Mark Meadows, the former North Carolina congressman who was Trump’s chief of staff at the time, the emails say.

Biggs also had phone calls with Republican Reps. Scott Perry of Pennsylvania and Chip Roy of Texas, the Justice Department lawyers wrote.

Gosar, meanwhile, had phone calls with Perry, Meadows, and Trump political adviser Alex Bruesewitz, according to the new emails.

The Republican lawmakers had relationships going back years. All of them are current or former members of the House Freedom Caucus, and Meadows preceded Biggs as chair.

Meadows was a key witness in the federal Jan. 6 case, and he was charged as a defendant in several unsuccessful cases brought by state attorneys general. He was among a group preemptively pardoned by Trump when he took office in January 2025, even though he hadn’t been charged with a federal crime.

Spokesperson Drew Sexton told The Republic that Biggs had "no specific recollections" about what was discussed in the phone calls but emphasized he had longstanding relationships with Perry and Meadows.

Biggs was on the subpoena shortlist in the now-defunct case

The new emails suggest Smith's team of prosecutors was more interested in Biggs than Gosar.

When the lawyers decided to narrow their list of subpoena targets, Biggs’ name was put in bold to indicate he was a priority. Gosar’s was not.

Arizona Attorney General Kris Mayes also reportedly subpoenaed Gosar and Biggs in her 2020 election interference case against aides to President Donald Trump and 11 Arizona Republicans.

The DOJ lawyers planned to seek the congressmen’s toll records. But they wrote in the newly released documents that they may not be successful.

The congressmen “likely have a valid Speech or Debate privilege immunizing them from compelled testimony,” the memo noted.

It was unclear whether or how the DOJ's plans materialized. Aides to Biggs and Gosar told The Republic neither congressman had any record of receiving a subpoena. The Justice Department was also asking phone providers for information, the records show.

Smith dropped the case when Trump took office, following a DOJ policy not to prosecute a sitting president. It was the first time in U.S. history that a former president has faced federal criminal charges.

2020 election trails Republicans heading into 2026

The topic of the 2020 election and its aftermath has trailed Arizona Republicans heading into the 2026 midterms.

Congressional Republicans have continued to embrace the issue just as Trump did on the 2024 campaign trail. The caucus has used hearings and investigations to argue the government was “weaponized” against Trump and his allies.

Biggs pressed Smith on the investigation when the former special counsel testified on Capitol Hill in January. He asked Smith whether it was a crime for members of Congress to vote to decertify the election result, or to talk about doing so.

“That's not a crime to sit down at breakfast to talk about that, or any other time together to talk about decertification, is it?” Biggs asked. 

“No, it’s not a crime to talk about that over breakfast,” Smith replied.

But Biggs has kept a distance from the topic as he faces the prospect of competing with Democratic Gov. Katie Hobbs in a general election this November. 

The issue came up weeks ago when former Arizona Senate President Warren Petersen said the Trump administration had requested information from him about the discredited, Republican-led recount of Maricopa County’s 2020 ballots.

Biggs brushed off the topic.

"We're talking about 2026," he said in an interview. "We've had multiple elections since then. ... I'm not in the business of going back and saying, 'Hey, let's re-examine.' Except if we want to learn and see if we need to make sure things are better."

His chief rival, Rep. David Schweikert, was silent on the matter.