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.
3/🧵Don't just take our word for it. We provided ample evidence to Congress about weaponization of the security clearance process to target the employees for political beliefs rather than legit security risks. The @JusticeOIG has testified about it.
Permanent bureaucrats have zero authority to hide information about the operation of their agencies/how they spent taxpayer money from officials acting on behalf of any duly elected president or congress.
That’s a clear neutral principle that should be obvious to all.
This is not about the balance of power between Congress and the President. Both have democratic legitimacy in our constitutional republic.
It is about the imbalance of power between career bureaucrats and our elected leaders in the two politically accountable branches.
After 20 long months, the staff at @US_OSC told us that the IRS could not support its decision to remove IRS SSA Gary Shapley and SA Joe Ziegler from the Hunter Biden case.
That removal happend, of course, shortly after the IRS learned that they were blowing the whistle to Congress.
Their work life has been changed ever since. Look how far the IRS management will go.
One recently altered the date on document to hide slow walking on another ongoing law enforcement operation, apparently trying to falsely paint Shapley in a bad light.
Remember when you orchestrated the firing of an IG for a buddy of Pres. Obama and made false statements to Congress about it after your effort to intimidate the IG into quitting failed?