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  • Ted Cruz To Merrick Garland Re Subpoenas For Oversight Attorneys

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    Robert Gouveia
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    The Senators express deep concern about recent revelations that the DOJ engaged in covert surveillance of congressional staff communications during investigations into DOJ and FBI misconduct. They request the Attorney General provide names of DOJ officials involved, details of congressional staff targeted, the legal justification, and all relevant documents by November 22nd. The extensive targeting of congressional staff raises serious separation of powers issues that have undermined public trust in the justice system.

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    Ted Cruz to Merrick Garland Re Subpoenas for Oversight Attorneys

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    The Senators express deep concern about recent revelations that the DOJ engaged in covert surveillance of congressional staff communications during investigations into DOJ and FBI misconduct. They request the Attorney General provide names of DOJ officials involved, details of congressional staff targeted, the legal justification, and all relevant documents by November 22nd. The extensive targeting of congressional staff raises serious separation of powers issues that have undermined public trust in the justice system.

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    © All Rights Reserved
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    61 views4 pages

    Ted Cruz To Merrick Garland Re Subpoenas For Oversight Attorneys

    Uploaded by

    Robert Gouveia
    The Senators express deep concern about recent revelations that the DOJ engaged in covert surveillance of congressional staff communications during investigations into DOJ and FBI misconduct. They request the Attorney General provide names of DOJ officials involved, details of congressional staff targeted, the legal justification, and all relevant documents by November 22nd. The extensive targeting of congressional staff raises serious separation of powers issues that have undermined public trust in the justice system.

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    © All Rights Reserved
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    of 4

    November 8, 2023

    The Honorable Merrick Garland


    Attorney General of the United States
    U.S. Department of Justice
    950 Pennsylvania Avenue, N.W.
    Washington D.C. 20530-0001

    Dear Attorney General Garland,

    We write to express deep concern regarding recent revelations that the Department
    of Justice engaged in a campaign of covert surveillance of the personal
    communications of attorneys advising congressional oversight committees.1 The
    decision by unelected government bureaucrats to investigate the elected
    congressional representatives and congressional staff trying to hold them
    accountable is a true attack on our democracy.

    An October 24, 2023 Freedom of Information Act (FOIA) request by Empower


    Oversight revealed that the Department subpoenaed a Senate staffer’s private phone
    and email logs during the pendency of a bicameral congressional investigation of
    both the Department and the FBI for their involvement in the Russia-collusion hoax
    known as Crossfire Hurricane. 2 In one instance, the Department subpoenaed Google
    for all telephone connection records and text message logs for the Chief Investigative
    Counsel to the Chairman of the Senate Judiciary Committee during the very time
    period that this staffer directed oversight into Department misconduct.

    Further records indicate that the personal records of a House staffer employed by the
    House Permanent Select Committee on Intelligence (“HPSCI”) were additionally
    targeted as part of this vendetta campaign. Notably, in January 2018, Deputy
    Attorney General Rod Rosenstein threatened to subpoena HPSCI staff personal

    1
    Margot Cleveland, DOJ Subpoenaed Phone And Email Logs Of Hill Staffers Probing Crossfire
    Hurricane Malfeasance, THE FEDERALIST (Oct. 25, 2023),
    https://thefederalist.com/2023/10/25/doj-subpoenaed-phone-and-email-logs-of-hill-staffers-
    probing-crossfire-hurricane-malfeasance/
    2
    Id.; Empower Oversight, FOIA Request for Records Regarding Subpoena of U.S. Senate
    Staffer’s Personal Communication Records, (Oct. 24, 2023), https://empowr.us/wp-
    content/uploads/2023/10/2023-10-24-TL-to-DOJ-re-GJ-subpoenas-Senate-Staffers-Final-w-Exh-
    A.pdf
    records during a confrontation over the Justice Department’s failure to comply with
    that committee’s compulsory process.3 But even so, the targets of the Department
    and the FBI were not limited to Republican staffers. Democrats in Congress have
    called for investigations into the targeting of their private communications as well,
    targeting which reportedly included subpoenas to Apple for information about
    HPSCI aides and their families, including even one account belonging to a child. 4

    Empower Oversight has submitted a FOIA request for all relevant documents,
    including grand-jury subpoenas, communications between various offices, and
    correspondence with the press. While FOIA requests serve as a valuable tool for
    transparency, it is evident that in matters of such magnitude such as the one here,
    additional measures must be taken to ensure openness and accountability.

    Notwithstanding the investigation by the Department’s Inspector General, Congress


    is entitled to conduct its own parallel review of this important matter. Accordingly,
    we ask that you respond to the following questions and requests by November 22,
    2023:

    1. Please provide the names of all officials at the Department of Justice that
    drafted, supervised, or approved the issuance of the grand jury subpoenas in
    question or otherwise related to the consolidated leaks cases.

    2. Please provide the names of all persons employed by both the Senate and the
    House of Representatives, including Members of Congress, for which
    subpoenas were issued in relation to the consolidated leaks cases.

    3. Please provide the names of all persons employed by both the Senate and the
    House of Representatives, including Members of Congress, for which
    subpoenas were sought, but not issued, in relation to the consolidated leaks
    cases.

    4. Please provide the specific predicate, criteria, or evidence that justified the
    Department’s seeking of grand jury subpoenas to access personal

    3
    Catherine Herridge, Rosenstein threatened to ‘subpoena’ GOP-led committee in chilling clash
    over records, emails show, FOX NEWS (Jun. 12, 2018),
    https://www.foxnews.com/politics/rosenstein-threatened-to-subpoena-gop-led-committee-in-
    chilling-clash-over-records-emails-show
    4
    Myah Ward, Adam Schiff calls for investigation after report of his phone records being seized
    by Trump DOJ, POLITICO (Jun. 10, 2021) available at
    https://www.politico.com/news/2021/06/10/adam-schiff-investigation- trump-doj-493343
    2
    communications of Members of Congress, congressional staffers, and their
    families, including the legal basis for such actions.

    5. Please provide information regarding Deputy Attorney General Rosenstein’s


    involvement in the approval or issuance of the subpoenas described above, or
    as responsive to Questions 2 and 3, specifically whether Deputy Attorney
    General Rosenstein was briefed or otherwise made aware of, ordered,
    directed, or supervised any of these actions, or, rather whether they were
    executed without his knowledge or consent.

    6. Please submit to the Senate Committee on the Judiciary all documents or


    communications referencing U.S. District Court for the District of Columbia
    grand jury subpoena number GJ2017091241939.

    7. Please submit to the Senate Committee on the Judiciary all documents or


    communications referencing U.S. District Court for the District of Columbia
    grand jury subpoena number 2017R01896.

    8. Please provide all other means by which the Department searched for
    information relating to Members of Congress, congressional staff, or their
    families, including specific databases searched and use of FISA authorities or
    data previously collected under FISA authorities.

    9. Please indicate whether the Department is still in possession of the documents


    it received pursuant to the grand jury subpoenas. If not, please provide the
    date and method of disposal.

    10.Please identify all indicators or identifiers, and types of indicators or


    identifiers, used to locate or obtain information on Members of Congress,
    congressional staff, or their families, specifying whether the indicators were
    personal or official Senate or House devices or phone numbers.

    11.Please identify all companies or organizations subpoenaed, such as Google,


    Verizon, Apple, AT&T, and others, as part of the consolidated leak cases for
    information on Members, staffers, and their families.

    This extensive and far-reaching effort to use grand jury subpoenas and perhaps other
    means to gather the personal communications records of congressional staffers and
    their families with little or no legitimate predicate is absolutely unacceptable. The
    executive branch overreach and gross violation of separation of powers apparent in
    3
    this case no doubt shocks the conscience and shakes public confidence in our justice
    system to its core. The public deserves answers.

    In light of these very serious concerns, we await your detailed and speedy response.

    Sincerely,

    Ted Cruz Mike Lee


    United States Senator United States Senator

    Charles E. Grassley
    United States Senator

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