DOJ secretly watched lawmakers and journalists in 2017
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The Justice Department’s Inspector General Michael Horowitz revealed on Tuesday that in 2017, the DOJ conducted covert surveillance of congressional members, their staff, and journalists.
According to CNN’s reporting, during Trump’s initial presidential term, the Justice Department secretly acquired records belonging to Democratic Representatives Adam Schiff and Eric Swalwell, along with numerous congressional staffers – including 21 Democrats, 20 Republicans (among them Kash Patel), two nonpartisan staff members, and eight journalists.
Holy crap. The FBI and DOJ spied on the staff of 43 congressmen and 2 actual members of congress. https://t.co/AHVzcM4u4q
— Eric CIAramella’s Dirty Whistle (@TheAndersPaul) December 10, 2024
Patel, who was formerly a Republican staffer on the House Intelligence Committee, has been nominated by President-elect Trump for the FBI Director position.
The DOJ career prosecutors sought to obtain communications from journalists working at prominent news organizations including CNN, the Washington Post, and the New York Times.
In his report, Horowitz cautioned that requesting these records based on “the close proximity in time between access to classified information and subsequent publication of the information… risks chilling Congress’s ability to conduct oversight of the executive branch.” He further stated that such actions:
“…exposes congressional officials to having their records reviewed by the Department solely for conducting Congress’ constitutional authorized oversight duties and creating, at a minimum, the appearance of inappropriate interference by the executive branch in legitimate oversight activity by the legislative branch.”
The investigation found no evidence of retaliatory motives or political bias from the career prosecutors who initiated the process. No criminal charges were recommended.
While the Justice Department didn’t disclose that the NDOs targeted lawmakers and their staff, this wasn’t required by departmental policy at the time.
Kash Patel on the government gangsters. Conspiracy no more! DOJ snooped on House Intelligence Committee investigators during Russia probe. pic.twitter.com/pn4Ltb8SLV
— Merissa Hansen (@merissahansen17) December 20, 2022
Horowitz’s report outlined several recommendations for the DOJ, including evaluating when to notify senior officials before issuing compulsory process, considering when to identify lawmakers in NDOs, and examining circumstances requiring exhaustion requirements for obtaining congressional records.
The report also highlighted the DOJ’s failure to follow its News Media Policy, including not convening the required review committee, missing DNI certifications, and failing to obtain proper authorization for NDOs.
Patel, who has since filed a lawsuit against the DOJ for secretly accessing his personal email, previously expressed his grievances in a newsletter, stating “The DOJ illegally spied on me during the Russia Gate investigation!”
