The Department of Justice (DOJ) conducted surveillance on Kash Patel and 44 other federal employees, including two House members, according to a report released Tuesday by the DOJ’s Inspector General. The report also revealed that the DOJ sought court assistance to keep their actions secret.
The DOJ obtained phone records for these individuals during a 2017 investigation into media leaks involving classified FBI information from the discredited Trump-Russia probe.
At the time, Patel was working with the GOP-led House Intelligence Committee. Inspector General Michael Horowitz noted in his report that the DOJ used “non-disclosure orders” (NDOs) to prevent information about these actions from becoming public, omitting key details in court filings, such as the fact that congressional members and staffers were targeted.
NDOs are legal measures issued by the DOJ to acquire records from communication service providers while barring those providers from notifying individuals under investigation.
The report highlighted the DOJ’s 2020 efforts to obtain records from reporters at CNN, The New York Times, and The Washington Post to identify the sources of leaked classified information.
President Biden denounced the practice in 2021, stating it was “simply, simply wrong” and vowed to end it. Shortly after his remarks, the DOJ announced it would cease subpoenaing media records.
However, subsequent media reports revealed that the DOJ had also targeted congressional staffers, prompting the Inspector General to investigate and expose the broader scope of surveillance.
The report raised serious constitutional concerns about the separation of powers between the executive and legislative branches. Critics argue that the DOJ’s actions infringed on the legislative branch’s independence and violated the Fourth Amendment rights of those surveilled.
Kash Patel, who has since been appointed by Donald Trump to lead the FBI, has been an outspoken critic of the DOJ and FBI, previously taking legal action against DOJ officials and current FBI Director Christopher Wray over alleged violations of constitutional rights.
Patel, who played a central role in challenging the validity of the Trump-Russia investigation, has been a polarizing figure in Washington.
His appointment as FBI Director has drawn praise from Trump, who lauded his commitment to “truth, accountability, and the Constitution,” but has also faced criticism from establishment figures. Patel has vowed to implement significant changes at the FBI headquarters.
Jason Foster, another individual targeted during the DOJ’s probe, previously remarked that the government managed to conceal its surveillance of Congress for nearly five years.
The revelations from the Inspector General’s report have reignited debates over the DOJ’s overreach and the need for greater transparency and accountability.