The U.S. Justice Department’s internal watchdog reported that prosecutors’ 2017–2018 subpoenas for phone and email records from members of Congress and their staff risked chilling congressional oversight. The subpoenas targeted two Democratic lawmakers and 43 staffers, including Kash Patel, then an aide to Republican Devin Nunes, who later sued the FBI and DOJ after being notified by Google.
The investigation focused on leaks of classified information, including a 2017 Washington Post article about a meeting between Russian Ambassador Sergey Kislyak and Trump campaign adviser Jeff Sessions. The report found no political motive but noted that subpoenas created an “appearance of inappropriate interference” in Congress’s oversight role.
Prominent Democrats Adam Schiff and Eric Swalwell disclosed their records were subpoenaed. Schiff’s spokesperson welcomed recommendations to safeguard media and separation of powers. Despite extensive investigations, no charges were filed, and the cases are closed.
Prosecutors also subpoenaed phone and email records of eight reporters from major outlets like the New York Times, Washington Post, and CNN. Subpoenas, often issued to third-party tech companies, excluded call or message content but sometimes barred reporters or staffers from knowing about them for years.
Inspector General Michael Horowitz found lapses in DOJ policies designed to shield journalists from criminal probes. Following backlash, the DOJ updated its policies in 2021 to limit such subpoenas and revised rules in 2023 regarding records from Congress.
The subpoenas, issued during Trump’s presidency as he criticized leaks about alleged Russian interference in the 2016 election, heightened concerns about DOJ overreach. The watchdog emphasized the need for better safeguards to protect constitutional roles and press freedom.
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