In a report released Tuesday, the U.S. Department of Justice’s Office of the Inspector General (OIG) disclosed that the DOJ secretly obtained phone records from two members of Congress and 43 congressional staffers, including Kash Patel, during the Trump administration.
The surveillance, part of a broad investigation into leaks of classified information, has raised serious concerns about constitutional protections and executive overreach.
Key Findings
The OIG report outlines extensive subpoenas issued to telecommunications companies during President Donald Trump’s first term, without notifying the individuals targeted.
While the names of the lawmakers involved remain undisclosed, Kash Patel—a former aide to Rep. Devin Nunes and Trump’s nominee for FBI director—was among those surveilled.
The OIG criticized the DOJ’s lack of clear protocols for obtaining congressional records, noting that this practice “implicated the constitutional rights and authorities of a co-equal branch of government.” The watchdog urged the implementation of stricter guidelines to ensure oversight and prevent potential misuse of power.
Civil Liberties and Executive Overreach
The revelations have reignited debates over the DOJ’s surveillance practices under the Trump administration, with critics arguing that the actions undermined the separation of powers and eroded civil liberties.
Advocacy groups and lawmakers have pointed to broader concerns, including DOJ practices of obtaining journalists’ records during similar investigations.
In 2021, Attorney General Merrick Garland implemented new policies restricting the use of subpoenas targeting members of Congress and the media, a response to growing calls for transparency and reform.
Kash Patel’s Nomination Under Scrutiny
As Patel faces Senate confirmation hearings for his nomination as FBI director, the report has intensified scrutiny of his involvement in past investigations and his impartiality. Patel has yet to respond to the findings, but critics argue the revelations raise significant concerns about his suitability for the role.
The report also coincides with Patel’s ongoing legal battles. In 2017, he sued the DOJ and FBI for obtaining his data unfairly.
Broader Implications
The report sheds light on government surveillance practices during the Trump administration, including misuse of tools under the Foreign Intelligence Surveillance Act (FISA). These revelations may prompt legislative reforms to limit executive powers and bolster safeguards against misuse of surveillance.
As debates over national security and civil liberties continue, the findings underscore the importance of transparency and accountability in sensitive government investigations.