Lawsuit Claims DOJ Illegally Monitored Congressional Staff Probing Its Actions

The Department of Justice (DOJ) is facing a serious legal challenge after a lawsuit was filed accusing it of secretly surveilling congressional staff members engaged in oversight of the DOJ itself. The lawsuit, filed by Empower Oversight in the U.S. District Court for the District of Columbia, seeks to compel the DOJ to comply with the Freedom of Information Act (FOIA) and release records related to this alleged surveillance.

Empower Oversight, an organization committed to government and corporate accountability, argues that the DOJ has been covertly monitoring various congressional staffers from both political parties since 2016. These staffers were involved in investigating potential misconduct, waste, and abuse within the DOJ, operating under their constitutional oversight authorities.

• Undisputed Surveillance: The lawsuit claims that technology companies, under subpoena from the DOJ, collected communication records from congressional staffers and were then bound by non-disclosure orders (NDOs) that prevented them from notifying the affected individuals. This surveillance reportedly began in 2016, but the staffers involved only became aware of it in recent months due to the expiration of these NDOs.

• A Chilling Example: Jason Foster, founder of Empower Oversight, revealed that in October 2023, he was notified by Google that the DOJ had subpoenaed records connected to his family’s phones and his official U.S. Senate work phone back in 2017. At that time, Foster was the Chief Investigative Counsel for the U.S. Senate Judiciary Committee, actively leading investigations into the DOJ. The subpoenaed accounts also included records from other bipartisan staffers involved in similar oversight roles.

• Separation-of-Powers Violation: The lawsuit raises profound separation-of-powers concerns, as it suggests the DOJ sought to undermine the very congressional oversight meant to hold it accountable. The DOJ allegedly pursued these subpoenas without disclosing the oversight roles of the targeted staffers to Google, further exacerbating the constitutional implications of its actions.

The lawsuit shines a light on potential overreach by the DOJ, suggesting that the department has been using its powers not just to investigate crimes, but also to monitor those tasked with investigating it. As the case progresses, it could have significant implications for the balance of power between the executive and legislative branches and the future of government accountability.

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