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16 ■ JUNE 21, 2021 NEWS
■ From SLEAZY on PAGE 15 Tech giants like Apple and Google, along with
email logs in an attempt to identify sources. The media executives, were reportedly issued gag orders,
Times reported over the weekend that investigators which prevented them from notifying the subjects
also sought information in 2018 about an account about the subpoenas for years. Attorneys said it
connected to then-White House Counsel Don Mc- wasn’t unusual to see DOJ pursue those types of or-
Gahn in 2018. The nature of that investigation is ders, but they require a judge’s approval and clear
unclear. evidence that a subject may attempt to destroy evi-
The leak investigations have not resulted in any dence or conspire to thwart the investigation if they
charges. are told about a subpoena.
The disclosures have drawn fury from congressio- Schiff and Swalwell emerged as among the most
nal Democrats and prompted investigations by the vocal Congressional critics of the Trump adminis-
Senate and House Judiciary Committees. The head tration and his handling of the Russia investigations.
of the department’s National Se- Many of the reporters subpoenaed
curity Division, John Demers, is had published articles detailing
resigning by the end of the week contacts between Trump associ-
amid the fallout, but some reports “It really sounds like from ates and people with ties to the
indicated his departure was long the more information Russian government or intelli-
planned. that comes out, that this gence services.
Attorney General Merrick Gar- is just sleazy, dirty stuff Subpoenaing journalists re-
land this week directed Deputy and it has the whiff of porting on potential misconduct
Attorney General Lisa Monaco to by government officials and law-
review policies on obtaining in- DOJ being politicalized makers with oversight powers
formation from Congress, saying and the investigative over the executive branch poses
in a statement the reports “raised process being used to concerning Constitutional issues,
important questions” about the target folks who are said Jeffrey Robbins, who served
department’s independence. less than complimentary as chief counsel for Democrats on
Experts acknowledged that law- to the president or his the Senate’s Permanent Subcom-
makers and reporters may not administration,” said mittee on Investigations.
have been the targets of the inves- Michael Weinstein, a “Here you have what appears
tigations, but could have had their former Justice Department to be the use of the Department
electronic data seized because prosecutor who is now of Justice for the purpose of dis-
they were in contact with others with Cole Schotz. crediting, harassing, seeking to
investigators were examining. The obtain evidence of criminal con-
subpoenas also reportedly swept duct through a fishing expedition
up information on spouses and of congressional opponents,” Rob-
children of some of the subjects. bins, now a partner with Saul
Former prosecutors said that could have been be- Ewing Arnstein & Lehr, said.
cause phone numbers were tied together under one Even with those concerns of politicization, it’s
Apple family account. unclear exactly what changes, if any, may come out
The information collected from Apple would of the recent scandals. The legal experts agreed that
have only included subscriber information about subpoenas for records of significant people, like law-
who accessed the account and when. Investigators makers, typically would have had to be approved by
would not have access to content of emails or mes- top officials at Main Justice, but those leaders—in-
sages and would not be able to see logs of emails or cluding former Attorneys General Bill Barr and Jeff
calls without also subpoenaing phone companies, Sessions—have reportedly distanced themselves
experts said. from the congressional subpoenas.
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