Jordan demands Garland turn over docs on Trump-era subpoenas of congressional staff

The House Judiciary Committee subpoenaed Attorney General Merrick Garland on Tuesday, saying it needs information about the Department of Justice’s (DOJ) demand for the communications of congressional staff that took place under the Trump administration.

The subpoena follows an initial request from Chair Jim Jordan (R-Ohio) seeking information about a 2017 subpoena to Google for information on a former Senate Judiciary staffer and other congressional aides.

Jason Foster, who served as investigative counsel for the panel, announced in October that his communications as well as those of other staffers were sought amid oversight of the department’s handling of its investigation into the 2016 election and the decision to spy on a Trump campaign staffer.

The New York Times reported in 2021 that the DOJ under the Trump administration had subpoenaed communications companies for private data on both staffers and members of Congress, including Democratic Reps. Adam Schiff (Calif.) and Eric Swalwell (Calif.). 

Those subpoenas are already the subject of an inspector general investigation following a referral by Garland.

In his letter to Garland, Jordan wrote the subpoenas indicate “that the Executive Branch used its immense law-enforcement authority to gather and search the private communications of multiple Legislative Branch employees who were conducting Constitutional oversight of the Department’s investigative actions.”

The subpoena seeks all DOJ documents related to requests for communications from members of Congress or their staff from any telecommunications company.

The Justice Department did not respond to a request for comment.

But in a letter to Jordan earlier this month obtained by The Hill, the Justice Department said Foster’s communications were sought in connection with an investigation into a leak of classified information.

“The investigation was initiated after a referral for criminal investigation was made to the National Security Division by a member of the U.S. Intelligence Community,” DOJ wrote, noting that the information had been shared with both executive and legislative branch employees.

DOJ’s letter notes the department had to approach Congress for information protected by the Speech and Debate Clause for its investigation, which was approved by the Senate in 2018.

James Wolfe, who served as the director of security for the Senate Intelligence Committee, later pleaded guilty to lying to the FBI, serving two months in prison.

The Trump administration took a number of aggressive steps to track down leakers, including seeking the communications of journalists. 

In the cases of both staffers and journalists, the Justice Department also pursued gag orders that block companies including Google from alerting clients their records were being sought, with the Biden administration reversing course on the gag orders six months into the new administration.

The episode has prompted the Justice Department to draft new policies for seeking subpoenas from members of Congress, their staff and reporters.

Guidelines released in November for subpoenas of members or their staff now require additional consultation and approvals from DOJ’s Public Integrity Section.