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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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