A new report from Department of Justice (DOJ) Inspector General Michael Horowitz has revealed that the DOJ secretly obtained communications records from lawmakers, congressional staffers, and reporters in 2017, during the first year of President Donald Trump’s administration.

The findings, released Tuesday, have raised concerns about potential overreach and the implications for congressional oversight.

Horowitz’s report confirmed that the DOJ sought records, including emails, from high-profile figures such as Reps. Adam Schiff (D-CA) and Eric Swalwell (D-CA), former Republican House Intelligence Committee staffer Kash Patel, and numerous congressional staffers and journalists.

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Specifically, records were obtained from 21 Democratic staffers, 20 Republican staffers, two nonpartisan staffers, and eight reporters from outlets including CNN, The Washington Post, and The New York Times.

The report highlighted the potential chilling effect of such actions on Congress’s constitutional oversight duties.

Horowitz stated, “Seeking these communications based on the close proximity in time between access to classified information and subsequent publication of the information… risks chilling Congress’s ability to conduct oversight of the executive branch.”

He further cautioned that these actions could create “the appearance of inappropriate interference by the executive branch in legitimate oversight activity by the legislative branch.”

Despite the controversial surveillance, Horowitz found no evidence that the career prosecutors involved acted out of retaliatory motivation or political bias.

The investigation did not result in recommendations for charges against any officials involved.

“SPYING ON PEOPLE WHO HAVE A CONSTITUTIONAL DUTY TO DO OVERSIGHT OF THE EXECUTIVE BRANCH!” @Jim_Jordan details the new report that the DOJ did spy on Congressional investigators who were looking into the Justice Department. “You guys were right!” @AmandaHead @jsolomonReports pic.twitter.com/gkHcQmoHTc

— Real America’s Voice (RAV) (@RealAmVoice) December 10, 2024

However, the report criticized the DOJ for failing to disclose that the surveillance targeted lawmakers and congressional staffers, as well as for noncompliance with the department’s own policies.

At the time, DOJ policy did not require disclosure of such actions to senior officials, raising questions about oversight within the department itself.

The report provided several recommendations to address the issues raised, including:

• Enhanced Notification Requirements: The DOJ should consider requiring advance notification to senior officials, such as the Deputy Attorney General or Attorney General, before issuing compulsory process in cases involving constitutional separation of powers issues.
• Transparency in Nondisclosure Orders (NDOs): The DOJ should consider identifying lawmakers or congressional staffers in proposed NDOs submitted to judges for review.
• Exhaustion Requirements: The department should evaluate whether compulsory process should require an exhaustion requirement when targeting members of Congress or their staff.

The report also detailed how the DOJ failed to comply with its News Media Policy, which includes obtaining certifications and approvals from the Director of National Intelligence (DNI) and the Attorney General for certain actions.

Notably, the DOJ did not convene its News Media Review Committee before issuing the compulsory process or obtain the required DNI certification in some cases.

Kash Patel, who is currently President-elect Donald Trump’s nominee for FBI Director, has been vocal about the surveillance.

Patel, a former staffer for the House Intelligence Committee, has alleged that the DOJ “illegally spied” on him during the investigation into allegations of Russian interference in the 2016 election.

He has since filed a lawsuit against the DOJ, accusing the department of secretly accessing his personal email account.

In a newsletter, Patel criticized the actions, writing, “The DOJ illegally spied on me during the Russia Gate investigation!”

The revelations have sparked renewed scrutiny of DOJ practices and the balance between national security investigations and protecting the constitutional separation of powers.

As Patel awaits Senate confirmation for his new role as FBI Director, the findings are likely to be a focal point during his confirmation process.

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