IG Report Details FBI Surveillance of Congress Amid Leak Investigation

Imagine a government where the executive branch covertly spies on Congress—the very body tasked with overseeing its actions. This is not a dystopian fantasy but a chilling reality, as revealed in a recent Department of Justice Inspector General (IG) report. The report uncovers a troubling abuse of power, showing how the FBI and DOJ secretly surveilled members of Congress and their staffers, ostensibly in pursuit of leakers during the Trump administration’s Russiagate saga.

The story begins in 2017 when leaked classified information about President Donald Trump and Russia dominated headlines. Media outlets like CNN, The New York Times, and The Washington Post published stories that included sensitive details about Trump’s foreign policy adviser, Carter Page. Among the revelations was the existence of a FISA warrant to surveil Page, which was renewed four times based on dubious evidence.

The Steele dossier, a now-discredited document, was central to the FISA warrants. It framed Page as a Russian agent while omitting critical exculpatory information. The damage to Page’s reputation was immense, and his rights were trampled in what appeared to be a politically motivated fishing expedition. This campaign of leaks fueled the Trump-Russia collusion narrative that plagued the first two years of Trump’s presidency.

In their quest to identify the source of the leaks, federal authorities initiated a broad investigation. Between 2017 and 2018, prosecutors subpoenaed phone and email records for two members of Congress and 43 staffers from both parties. These records included detailed metadata such as call logs, email recipient addresses, and text message logs—providing a comprehensive map of the professional and personal lives of those targeted.

The justification for these subpoenas was often flimsy, relying on the mere “proximity in time” between congressional access to classified information and its subsequent publication in the press. Adding to the secrecy, the DOJ secured 40 non-disclosure orders (NDOs) from courts, preventing telecommunications companies from notifying the affected individuals. Many of these NDOs were renewed repeatedly, with some extending up to four years.

Among those surveilled were high-ranking congressional investigators. Jason Foster, a senior staffer for then-Senate Judiciary Committee member Sen. Chuck Grassley (R-Iowa), and Kash Patel, a top investigator for Rep. Devin Nunes (R-Calif.), were key targets. Patel, who played a pivotal role in exposing FBI abuses in the Carter Page FISA warrants, had his communications records subpoenaed as early as December 2016.

These actions occurred while Foster and Patel were investigating potential misconduct within the FBI and DOJ. Patel, now Trump’s pick to lead the FBI in a potential second term, was unaware of the surveillance until years later when telecommunications companies were finally permitted to disclose the secret subpoenas. The DOJ’s applications for NDOs did not specify that the individuals being surveilled were congressional staffers, relying instead on generic claims of necessity.

The IG report highlights a glaring double standard. The bar for subpoenaing communications records from the media is higher than for members of Congress. DOJ policy requires prosecutors to exhaust all other reasonable means before subpoenaing journalists’ records, but no such requirement exists for congressional investigations. This disparity raises significant concerns about the balance of power and accountability in government.

Moreover, the DOJ’s Congressional Investigations Policy, introduced during the Biden administration, still falls short. While it requires greater scrutiny and higher-level approvals for subpoenas, it does not mandate attorney general approval or explicitly address leaks as a covered offense. This leaves a troubling gap in oversight, allowing the possibility of future abuses.

The IG’s findings underscore the corrosive effect such actions have on democracy. The surveillance of Congress risks “chilling” its ability to conduct oversight of the executive branch. Even the appearance of executive interference in legislative activities undermines public trust in the system.

Notably, the investigation into the leaks ultimately failed to identify any culprits. No charges were filed, and the intrusive measures taken against members of Congress and their staffers yielded no results. This raises serious questions about the necessity and proportionality of such actions.

The revelations have sparked renewed calls for reform. Kash Patel and Attorney General-designate Pam Bondi face the monumental task of rebuilding trust in a national security and law enforcement apparatus marred by overreach. Key reforms include stricter oversight of subpoenas targeting Congress, clearer justifications for NDOs, and higher-level approvals for sensitive investigations.

The IG report serves as a stark warning. Without robust safeguards, the potential for executive agencies to misuse their powers against the legislative branch remains a significant threat to the republic. Ensuring transparency and accountability in such investigations is not just a procedural necessity but a constitutional imperative.

The FBI and DOJ’s actions during the Russiagate leak investigation represent a chilling abuse of power. By surveilling members of Congress and their staffers, these agencies undermined the very principles of checks and balances that safeguard American democracy. While recent policy changes aim to address these issues, the reforms fall short of preventing future abuses. The revelations should serve as a wake-up call for all Americans to demand accountability and protect the integrity of their government. Only through vigilance and reform can such overreach be prevented in the future.