Leaked Communications Records: Investigating Investigations into the Sources of Leaked Classified Information Associated with Trump’s 2016 Presidential Campaign with Russia

As part of the leak investigations, prosecutors also subpoenaed the communications records of eight reporters at three media outlet: CNN, The New York Times and The Washington Post. Like with congressional officials, the third-party service providers were barred from disclosing that the records had been subpoenaed.

A new report said the leak investigations targeted a larger number of congressional staffers, almost all of which were Republicans.

In the new report, the inspector general’s office examined investigations into the sources of leaked classified information that appeared in news articles published in 2017. Some of the stories related to possible ties between the 2016 Trump presidential campaign and Russia.

The two people identified in the report as members of Congress are Rep. Adam Schiff and Eric Swalwell. Both lawmakers were concerned that they might be targeted by investigators for political reasons, and they were sharp critics of President Trump.

The lawmakers and staffers all had access to the classified information contained in news articles as part of their congressional oversight responsibilities, the report said. They had access to the classified materials when it was leaked to the media.

The report said that congressional staffers became part of a federal criminal investigation for the purpose of constitutionally authorized oversight of the executive branch.

The inspector general’s office did not find “any evidence of retaliatory or political motivation by the career prosecutors who issued the compulsory process for non-content records that we reviewed.”

Report on “Protected Reporters Against Exploitative State Spying” by Schumer, Garland, Bounds and Schumer

It notes that such subpoenas “risks chilling Congress’s ability to conduct oversight” because it exposes congressional officials to having their records reviewed.

gag orders prevented service providers from notifying the congressional officials that their records had been subpoenaed.

The report also said that the Justice Department did not have a policy at the time that addressed the use of such subpoenas to obtain communication records from congressional officials.

The department created rules since then to strengthen consultation and approval requirements to take such steps, although the incoming administration could revise the requirements as it sees fit.

Some of the report focuses on matters that were taken before the revised News Media and Congressional investigations policies were put into place. Still, the DOJ agreed with the core recommendations from the IG, including considering changes to how certain information requests are escalated to more senior officials.

Under the Biden administration, Attorney General Merrick Garland strengthened the Justice Department’s policy relating to the news media. He barred the use of compulsory legal process, such as subpoenas, for obtaining reporters’ communication records, except in limited circumstances.

The report raises a number of questions about how Donald Trump’s administration will handle requests like this in the future, only a few weeks before he is set to resume office. Senate Majority Leader Chuck Schumer (D-NY) attempted to pass the Protect Reporters from Exploitative State Spying (PRESS) Act by unanimous consent on Tuesday, but was blocked by Sen. Tom Cotton (R-AR). If passed, it would help protect reporters from having to reveal their sources.