FILE - In this May 28, 2019 file photo, Rep. Adam Schiff, D-Calif., left, and Rep. Eric Swalwell, D-Calif., speak with members of the media on Capitol Hill in Washington. The Justice Department under former President Donald Trump secretly seized data from the accounts of at least two Democratic lawmakers in 2018 as part of an aggressive crackdown on leaks related to the Russia investigation and other national security matters, according to three people familiar with the seizures. (AP Photo/Patrick Semansky)
   
 

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President Trump repeatedly and flagrantly demanded that the Department of Justice carry out his political will, and tried to use the Department as a cudgel against his political opponents and members of the media. It is increasingly apparent that those demands did not fall on deaf ears

  Justice Dept. watchdog to probe Trump-era leak investigations, secret subpoenas for Congress and journalists

By Felicia Sonmez,
Matt Zapotosky,
and Karoun Demirjian
washingtonpost.com

WASHINGTON - Justice Department Inspector General Michael Horowitz announced Friday that his office is launching a probe following reports that the department had sought the records of journalists and prominent critics of former president Donald Trump on the House Intelligence Committee.

In a statement, Horowitz said the review “will examine the Department’s compliance with applicable DOJ policies and procedures, and whether any such uses, or the investigations, were based upon improper considerations.”

“If circumstances warrant, the OIG will consider other issues that may arise during the review,” he said.

The move follows reports Thursday night that the Justice Department in 2018 secretly subpoenaed Apple for the data of two Democrats on the House Intelligence Committee, Rep. Adam B. Schiff (Calif.) and Rep. Eric Swalwell (Calif.), as well as the data of their current and former staffers and family members.

Earlier Friday, Senate Democratic leaders on Friday demanded that former attorneys general in the Trump administration testify over secret subpoenas of Schiff and Swalwell.

Senate Majority Leader Charles E. Schumer (D-N.Y.) and Judiciary Committee Chairman Richard J. Durbin (D-Ill.) called the secret subpoenas “a gross abuse of power and an assault on the separation of powers.” They said that if former Trump attorneys general William P. Barr and Jeff Sessions do not voluntarily testify, they will be subpoenaed to appear before Durbin’s committee — a move that would require the support of at least one Republican on the panel.

“The revelation that the Trump Justice Department secretly subpoenaed metadata of House Intelligence Committee Members and staff and their families, including a minor, is shocking,” Schumer and Durbin said. “This appalling politicization of the Department of Justice by Donald Trump and his sycophants must be investigated immediately by both the DOJ Inspector General and Congress.”

Deputy Attorney General Lisa Monaco referred the matter to Horowitz, a Justice Department official said Friday. Horowitz has been inspector general since 2012.

In his statement, Horowitz said his office will examine the Justice Department’s “use of subpoenas and other legal authorities to obtain communication records of Members of Congress and affiliated persons, and the news media in connection with recent investigations of alleged unauthorized disclosures of information to the media by government officials.”

A House Intelligence Committee official, who spoke on the condition of anonymity because the matter remains politically sensitive, said Thursday night that Apple in May had notified at least 12 people connected to the panel of subpoenas for their data, and that one minor was among them.

Democrats swiftly condemned the moves, news of which followed three recent disclosures to national media organizations that the Trump Justice Department had secretly sought reporters’ phone and email records in an effort to identify the sources of leaks.

“President Trump repeatedly and flagrantly demanded that the Department of Justice carry out his political will, and tried to use the Department as a cudgel against his political opponents and members of the media. It is increasingly apparent that those demands did not fall on deaf ears,” Schiff said in a statement Thursday. “The politicization of the Department and the attacks on the rule of law are among the most dangerous assaults on our democracy carried out by the former President.”

In their joint statement Friday, Schumer and Durbin said that in addition to Barr, Sessions and other officials testifying, the Justice Department “must provide information and answers to the Judiciary Committee, which will vigorously investigate this abuse of power.”

“This issue should not be partisan; under the Constitution, Congress is a co-equal branch of government and must be protected from an overreaching executive, and we expect that our Republican colleagues will join us in getting to the bottom of this serious matter,” they said.

News of the department’s moves to obtain lawmakers’ data was first reported by the New York Times. A Justice Department spokesman declined to comment. A spokesperson for Apple did not respond to requests for comment, and Trump did not immediately comment.



 

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