An external view of the Department of Justice, as seen on June 14, 2021, in Washington, DC. (Photo by Kevin Dietsch/via Getty Images)
Rep. Jerry Nadler, Chairman of the House Judiciary Committee, announced on Monday that he would be opening an investigation into the Department of Justice's secret subpoenas of data from members of Congress by the Trump administration. Top Senate Democrats also sent a formal letter to Attorney General Merrick Garland yesterday, requesting an explanation for a series of complex questions and a deadline for submission:
In addition, please respond to the following questions as soon as possible, and no later than June 28, 2021:
What was the factual and legal predicate for DOJ to include HPSCI Members, their staff, and family members in this investigation and in these subpoenas for metadata? Please provide separate explanations for each individual.
Please describe the process DOJ followed when obtaining grand jury subpoenas for the metadata of HPSCI Members, their staff, and family members, including which DOJ officials approved the decision to obtain such subpoenas.
Did DOJ include any Members of HPSCI other than Chairman Schiff and Congressman Eric Swalwell, or any other Members of Congress, their staff, or family members in this investigation? If so, please explain.
Did the Office of Legal Counsel provide advice on taking the extraordinary step of subpoenaing metadata from Members of Congress, their staff, and family members in a leak investigation? If so, please provide any such written advice and indicate when the advice was provided.
Please produce the following materials as soon as possible, but no later than June 28, 2021:
All documents and communications, including emails, text messages, and calendar entries, referring or related to the Department’s initial decision under Attorney General Sessions to include Members of Congress, their staff, and family members as a part of the investigation into alleged leaks;
All documents and communications, including emails, text messages, and calendar entries, referring or related to the Department’s decision to obtain grand jury subpoenas for the metadata of Members of Congress, their staff, and family members in the leak investigation; and
All documents and communications, including emails, text messages, and calendar entries, referring or related to Attorney General Barr’s appointment of Osmar Benvenuto to oversee the continuation of the investigation.
In response to public backlash concerning the recent disclosure of these secret 2018 subpoenas issued by the Trump administration, Attorney General Merrick Garland gave a press conference on Monday to explain. Under Garland’s direction, the Department of Justice will now institute “the most protective” laws to protect “journalists’ ability to do their jobs in history.”
Attorney General Merrick Garland speaks at the Department of Justice on April 26, 2021. (Photo by Mandel Ngan/via Getty Images)
Garland also held a closed-door meeting on Monday with news media executives from The New York Times, The Washington Post, and CNN. The meeting was held” off the record and lasted for about 90 minutes and included top Justice Department aides and advisors with the goal of collecting more information for the investigation into the subpoena requests, how the records were seized, and specifically which attorneys were involved in the data collection attempts.
While it appears that the attorney general is taking swift action to investigate and combat any attempts by the government to overstep its authority, it is worth noting that Garland has held his position for several months. The idea that he did not have previous knowledge about these previously undisclosed subpoenas and the subsequent gag order placed on those involved seems far-fetched.
Attorney General Merrick Garland leaves the podium after an announcement at the Department of Justice in Washington, DC. (Photo by Andrew Harnik/via Getty Images)
It is concerning that swift action took place only after the public disclosure of the efforts to obtain information on journalists and lawmakers that Trump deemed enemies. The Justice Department is meant to serve the same role, regardless of which party is in control of the Oval Office. Will Merrick Garland focus his efforts on serving the best interests of the American public over those of the career attorneys at the Department of Justice?
What do you think about how Garland has handled the issue so far? What do you think about President Biden’s decision to stay out of the fray and allow Garland to establish these reforms? Do you think Merrick Garland will be effective in rehabilitating the DOJ, which is still comprised of attorneys who served under the Trump administration?
Be sure to leave a comment below and tell me what you think.
Paid subscriptions and one-time tributes embedded in each article, allow me to keep publishing critical and informative work that is sometimes made available to the public — thank you. If you like this piece and want to support independent journalism further, you can forward this article to others, get a paid subscription or gift subscription, or donate once through the tribute options above. Thank you for your support!
By attempting to protect/preserve the DOJ, Garland is going to destroy it. I feel no confidence in the DOJ or Garland. I can’t believe we suffered and survived the last 4 yrs to now be faced w this bullshit. SMDH.
I think ppl forget that Garland was a compromise when nominated for SCOTUS. The man is very much an institution guy. As head of the DOJ, his first instinct is to protect the DOJ. In protecting the institution a lack of transparency and a tendency to carry on existing programs is going to be natural to him. The most egregious breaches will be dealt with but Garland is going to prefer to handle them quietly and behind closed doors, and probably only when they are made public. A free press is more important than ever.
I’m not happy with Garland so far, we voted for what we thought would be our “red meat” moment and we’re getting “oatmeal”. I don’t like the attempt to preserve the DOJ as an institution it needs a rigorous, scorched earth approach.
“it is worth noting that Garland has held his position for several months. The idea that he did not have previous knowledge about these previously undisclosed subpoenas and the subsequent gag order placed on those involved seems far-fetched.”
100% agree. It should NOT take public knowledge of these types of oversteps to cause an investigation. If the Biden admin can’t decide that Trump’s crap NEEDS to be investigated and, more importantly, PROSECUTED then they’ve already decided Democracy isn’t important enough to fight for.
I find it hard to trust ANYTHING in government now that it has been tainted by the trumps. Everyone is covering their butts. This whole mess needs to be investigated by an independent, fully empowered authority that does not answer to congress, executive or DOJ. Have the State Police/AG's of the surrounding jurisdictions, postal police + MPD investigate top to bottom. No government agency can be trusted to police itself anymore.
I think we all need to make phone calls to Biden .
The White House accepts those.
@resistbot I have that wrong I'm just not awake but there is an automated close to my spelling that will do it for you automatically and keep doing it daily if you ask it to.
That's where we need to begin hopefully there's people under Mr Garland that's doing what we need them to do. There is always hope.
And I'm glad I'm not the only one that feels this way at least I'm in good company.
Anyone want to defend Garland...anyone?
No, I do not. He is not the tough justice warrior we need and I’m very disappointed in him to date.
By attempting to protect/preserve the DOJ, Garland is going to destroy it. I feel no confidence in the DOJ or Garland. I can’t believe we suffered and survived the last 4 yrs to now be faced w this bullshit. SMDH.
I think ppl forget that Garland was a compromise when nominated for SCOTUS. The man is very much an institution guy. As head of the DOJ, his first instinct is to protect the DOJ. In protecting the institution a lack of transparency and a tendency to carry on existing programs is going to be natural to him. The most egregious breaches will be dealt with but Garland is going to prefer to handle them quietly and behind closed doors, and probably only when they are made public. A free press is more important than ever.
I’m not happy with Garland so far, we voted for what we thought would be our “red meat” moment and we’re getting “oatmeal”. I don’t like the attempt to preserve the DOJ as an institution it needs a rigorous, scorched earth approach.
“it is worth noting that Garland has held his position for several months. The idea that he did not have previous knowledge about these previously undisclosed subpoenas and the subsequent gag order placed on those involved seems far-fetched.”
100% agree. It should NOT take public knowledge of these types of oversteps to cause an investigation. If the Biden admin can’t decide that Trump’s crap NEEDS to be investigated and, more importantly, PROSECUTED then they’ve already decided Democracy isn’t important enough to fight for.
Love Merrick Garland, but his reaction has been what can most charitably be described as "timid". That's the nicest thing I can say about it.
Just wonder if Mitch actually help the dems by not letting him sit on the bench...
I find it hard to trust ANYTHING in government now that it has been tainted by the trumps. Everyone is covering their butts. This whole mess needs to be investigated by an independent, fully empowered authority that does not answer to congress, executive or DOJ. Have the State Police/AG's of the surrounding jurisdictions, postal police + MPD investigate top to bottom. No government agency can be trusted to police itself anymore.
I think we all need to make phone calls to Biden .
The White House accepts those.
@resistbot I have that wrong I'm just not awake but there is an automated close to my spelling that will do it for you automatically and keep doing it daily if you ask it to.
That's where we need to begin hopefully there's people under Mr Garland that's doing what we need them to do. There is always hope.
And I'm glad I'm not the only one that feels this way at least I'm in good company.
Thank you Amee, for telling it like it is!
Unlike the media so far.
Last but not least,
I am banking on AG James.
I totally believe she seeks Justice.
And I have for 4+ years.
I don't know, Amee. So far he hasn't been impressive. Maybe it's best to give him more time.