Highlight 🧵for our motion to intervene and unseal @TheJusticeDept arguments for hiding its broad subpoenas for phone and email logs of attorneys advising congressional oversight committees. ⬇️
In 2017, when @TheJusticeDept and @FBI were resisting aggressive congressional oversight of FISA abuses, they secretly launched what looks like a broad retaliatory effort to target attorneys for their congressional oversight committees.
Using grand jury subpoenas and gag orders to companies like Google, they deployed a broad dragnet to covertly collect detailed logs of their overseers' patterns of communications.
They did not flag the important constitutional, privilege, and #whistleblower confidentiality issues implicated by this dragnet.
Rather, they simply sent a list of our phone numbers and email addresses—w/o mentioning we were attorneys advising committees doing oversight of DOJ.
DOJ convinced the court to order service providers like Google to simply comply and shut up about it.
What did @TheJusticeDept tell court? The whole truth, a series of misleading half-truths, or something else?
Who knows. It's all still sealed more than half a decade later.
Well, this is America.
It's supposed to be a free country, where court records are open to the public and the First Amendment guarantees our right to know what our government claims in court—so we and our elected leaders can figure out if its BS.
"Democracy Dies in Darkness"
Due process: notice and an opportunity to be heard.
Is that too much to ask?
Transparency = accountability.
There is no legitimate reason to keep the government's ex parte claims in support of these gag orders secret after all these years.
Let's see them. Let's see how compelling, accurate, and complete they are.
We think he was wrong to treat it as a grand jury secrecy issue. These are court filings required by statute and should be public under the First Amendment—especially in a closed case.
"...the Court need not concern itself with
common law or constitutional rights of access."
Well, that's a disturbing sentence from a judge in the United States of America.
Gag orders are required by statute to only be granted when justified by specific facts.
The public has a First Amendment right—and Congress has a constitutional need—to know what it's government is claiming in federal court to justify gag orders to hide its seizing comms records of Cong oversight cmte attys.
W/o those facts, no one knows if DOJ followed the law.
New Lawsuit: Last fall, @Google told me @TheJusticeDept forced it to secretly turn over my comms records in 2017. Since then, @empowr_us filed 5 demands for related docs under FOIA. DOJ ignored all 5. So today, we sued.
In 2017, I led the Sen. Judiciary Cmte oversight and investigations unit through the height of the #Russiagate hysteria for then-Chairman @ChuckGrassley.
After @Google notified me in October 2023, I confirmed that DOJ/@FBI had also targeted a dozen or so other Capitol Hill attorneys’ personal accounts—from both political parties.
Explains why the IRS's #wierd position is wrong—opposing #whistleblowers help to defend their actions at issue in Hunter Biden's frivolous lawsuit against the IRS.
Normally a defendant in a baseless civil suit wants it dismissed as soon as possible. Not the IRS. Not in this case, according to @TheJusticeDept.
Very odd. 🤔
It makes perfect sense for Biden to oppose. His lawyer, Abbe Lowell, has been hurling personal insults and false accusations at the #IRSWhistleblowers (and their attorneys) with reckless abandon.
But the IRS? Why block us & lay out the red carpet for plaintiffs suing the IRS?
Early in @GOBactual's 22-month suspension, the FBI determined through voice analysis he was not the source in a @Project_Veritas video, but the @FBI:
1. withheld that key fact from Congress, 2. kept O’Boyle in limbo without pay, and 3. recently revoked his clearance anyway on the eve of new congressional hearings.
Our @FBI Security Division (SecD) client, a registered Dem, is blowing the whistle on the cover-up of @GOBactual's innocence of the false charges used as pretext for yanking his clearance and paycheck.
@RepJerryNadler and @StaceyPlaskett tried to weaponized the false claims.
Our new court filing opposing @TheJusticeDept's effort to impose permanent secrecy on how it sought to hide the collection of my phone and email logs—along with the records a dozen other attorneys for oversight committees in Congress. ⬇️🧵 empowr.us/wp-content/upl…
1. Did @TheJusticeDept fail to alert the court the phone and email logs it sought belonged to Congressional oversight attorneys?
2. Did it also fail to alert the court that sought to renew the gag orders on @Google even after the leak probe that supposedly justified the subpoenas was closed?
How could gag orders possibly be justified long after the case is closed? It's reasonable to suspect it was to hide from the public the extent of its secret collection of Congressional communications records and the abuses committed in the process.
Unless the court unseals the records, you are not allowed to know.