Press Releases
House Judiciary Democrats Request Documents From DOJ on Surveillance of Members of Congress, Journalists
Washington,
June 17, 2021
Washington, D.C. - Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) led all Committee Democrats on a letter to Attorney General Merrick Garland requesting the Department of Justice (DOJ) produce a series of documents related to the Trump Administration's surveillance of Members of Congress, journalists, and others. In their letter, the Members wrote, "The Committee is now engaged in an investigation of the Trump Administration’s surveillance of Members of Congress, the news media, and others. We must determine if the Department sought these sensitive records for improper political purposes. We must ask why the Department repeatedly pursued gag orders—preventing companies from notifying their users of the sweeping information requests by federal law enforcement—despite realizing early in the effort that no criminal charges would result from these investigations. Finally, because the news media, the Members of Congress identified in recent reports, and the former White House Counsel were so frequently targets of President Trump’s public ire, we must identify the full set of individuals who may have also been the targets of politically-motivated investigations." On June 11, Chairman Nadler announced a formal investigation into the Trump Administration DOJ's use of criminal investigations as a pretext to spy on President Trump’s perceived political enemies. Full text of today's letter can be found below and here: June 17, 2021
The Honorable Merrick B. Garland
Dear Attorney General Garland: As you know, recent reports suggest that the Trump Administration sought the phone and email records of journalists, Members of Congress, their families, and their staff. As you no doubt agree, if the Department of Justice used criminal investigations as pretext to target President Trump’s perceived political enemies, this conduct constitutes a gross abuse of power. On May 7, 2021, the Washington Post reported that the Department had secretly obtained phone records and had sought access to email records belonging to some of its reporters. Over the course of the next few weeks, additional reports showed that the Department had made similar attempts to access the communications records of a CNN reporter and multiple journalists at the New York Times. In multiple instances, a magistrate judge imposed a DOJ-requested gag order preventing news media organizations from disclosing any knowledge of the investigation. On June 10, 2021, it was reported that the Trump administration had also subpoenaed the records of multiple Members of Congress, their family members, and congressional staff. A few days after that, it was reported that former White House Counsel Donald McGahn’s records had been subject to a similar subpoena. Additionally, in conjunction with these subpoenas, the Department issued nondisclosure orders, which it renewed multiple times, and in one instance renewed over the course of three years. To date, the Committee is aware of no indictments resulting from these investigations, and prosecutors reportedly considered closing the investigations due to lack of evidence. The Committee understands the Justice Department’s obligation to investigate the unauthorized disclosure of classified information, and, when an investigation is properly predicated, supports the Department’s ability to do so. According to longstanding policy, however, Department personnel are prohibited from issuing subpoenas of this nature without authorization by the Attorney General. There are limited exceptions to this policy, none of which appear to apply here. In recent days, former Attorney General Jeff Sessions, former Attorney General William Barr, and former Deputy Attorney General Rod Rosenstein have all denied knowledge of subpoenas targeting Congress. If we are to believe these denials, even if the abuse of these authorities is limited to these three cases, we must determine if the Department deviated from its established procedures for conducting such investigations and if this was done without proper authorization from senior Department officials. We need to know the names of those Department officials involved in these decisions. And, of course, we need to understand the scope of the problem and whether it is limited to the cases that have been reported so far. The Committee is now engaged in an investigation of the Trump Administration’s surveillance of Members of Congress, the news media, and others. We must determine if the Department sought these sensitive records for improper political purposes. We must ask why the Department repeatedly pursued gag orders—preventing companies from notifying their users of the sweeping information requests by federal law enforcement—despite realizing early in the effort that no criminal charges would result from these investigations. Finally, because the news media, the Members of Congress identified in recent reports, and the former White House Counsel were so frequently targets of President Trump’s public ire, we must identify the full set of individuals who may have also been the targets of politically-motivated investigations. In keeping with your public commitment to transparency and the spirit of the statement you issued on Monday, we request an initial briefing from the Department on these topics no later than June 25, 2021 to be followed by additional briefings as needed. We also ask for the following information no later than July 1, 2021. 1. List of actions opened after January 2017 relating to the unauthorized disclosure of information about Russian interference in the 2016 presidential election; the Ukraine whistleblower matter; and the 2019-2020 and 2021 presidential impeachments. a. This should include, but is not limited to, disclosures related to 28 C.F.R. 50.10(c)(3), 18 U.S.C. §§793-798, 18 U.S.C. §§952 & 1924 investigations, or an investigation known as “Arctic Haze.”
a. This should include, but is not limited to, notice provided to the Director of the Criminal Division’s Office of Enforcement Operations pursuant to 28 C.F.R. 50.10 and Justice Manual §9-13.400.
a. This should include, but is not limited to, authorizations by the Attorney General for the issuance of any subpoena, 2703(d) order, or 3123 order filed in support of the actions identified under No. 1, and any associated consultation with the Policy and Statutory Enforcement Unit (PSEU).
a. This should include, but is not limited to, copies of any opinions or guidance provided by PSEU, OLC, OLP, or the SG.
a. This should include, but is not limited to, personnel assigned to the office of U.S. Attorney Osmar Benvenuto after February 2020.
a. This should include, but is not limited to, biweekly briefings on matters related to the actions identified under No. 1.
a. This should include, but is not limited to, decisions to restrict access to information or downgrade/not renew security clearances of congressional targets.
a. This should include, but is not limited to, the Department identifying the total number of actions identified under No. 1 currently subject to a gag order. 11. Copies of documents and communications relating to measures implemented by the Department and FBI to safeguard information obtained via subpoena, 2703(d) orders, or 3123 order filed in support of the actions identified under No. 1. a. This should include, but is not limited to, encrypted content or the investigation of congressional targets and measures taken pursuant to Justice Manual § 9-13.400(h). The Committee recognizes that the Inspector General (IG) of the Department for has initiated an investigation into these troubling allegations. However, in keeping with precedent and practice established in prior Congresses, we expect full cooperation from the Department as the IG investigation and the internal review proceeds concurrently. To the extent classified or sensitive information is involved, the Committee is amenable to receiving classified production to the extent necessary. Thank you for your prompt response to this important matter. Sincerely, Jerrold Nadler Zoe Lofgren
Sheila Jackson Lee Steve Cohen
Henry C. “Hank” Johnson Theodore E. Deutch
Karen Bass Hakeem Jeffries
David N. Cicilline Eric Swalwell
Ted W. Lieu Jamie Raskin
Pramila Jayapal Val Demings
J. Luis Correa Mary Gay Scanlon
Sylvia R. Garcia Joe Neguse
Lucy McBath Greg Stanton
Madeleine Dean Veronica Escobar
Mondaire Jones Deborah Ross
Cori Bush
cc: The Honorable Michael E. Horowitz, Inspector General, Department of Justice Office of the Inspector General The Honorable Jim Jordan, Ranking Member, House Committee on the Judiciary |
