Justice Department faces FOIA over subpoenas of congressional staff

Tech companies such as Google and Apple earlier this month belatedly alerted those who were subpoenaed.

Published: October 25, 2023 11:08am

The Justice Department is facing a Freedom of Information Act request after the agency subpoenaed the personal phone and email records of congressional staff.

Just the News reported about the subpoenas Monday, and the watchdog, Empower Oversight, filed the FOIA request Tuesday to obtain more information from the department after it came to light that the organization's founder, Jason Foster, was among those who were subpoenaed in 2017.

Tech companies such as Google and Apple earlier this month belatedly alerted those who were subpoenaed, which were partially related to the now-discredited Crossfire Hurricane probe that the FBI conducted into the Trump campaign's alleged Russia collusion.

"The personal intrusion into congressional staff members raises serious questions about the basis including constitutional separation of powers and privilege issues raised by the Speech or Debate Clause, and attorney-client communications of those targeted with these subpoenas which should have triggered requirements for enhanced procedural protections and approvals," Empower Oversight said when it announced the FOIA.

Iowa Republican Sen. Chuck Grassley, whom Foster was working for when he was subpoenaed, told Just the News on Monday: "The Justice Department’s secret targeting of congressional investigators is a new low in the agency’s sordid history of abusing its authority to evade accountability."

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