Major whistleblower groups are challenging the Department of Justice’s (DOJ) attempts to keep secret the reasons behind its surveillance of congressional staffers. This effort to maintain permanent secrecy has raised alarms about the erosion of constitutional safeguards and whistleblower protections.
Empower Oversight, founded by Jason Foster—one of the congressional investigators whose phone records were seized—has petitioned a federal judge to unseal the documents that allowed the DOJ to obtain these records in 2017. Instead of cooperating, the DOJ has insisted that the records remain sealed.
In a recent filing, Empower Oversight argued, “Rather than cooperate with Empower Oversight to find a way that these records may be released with appropriate redactions, DOJ’s response to Empower Oversight’s motion was to insist on continued (and permanent) secrecy—nearly seven years after the underlying events.”
The filing suggests that the DOJ’s desire for secrecy is intended to “obscure key facts from Congress and the public,” casting doubt on the agency’s motives and raising concerns about its commitment to upholding constitutional principles and protecting whistleblowers.
The controversy stems from the DOJ’s 2017 subpoenas of phone records belonging to several congressional investigators, including Kash Patel of the House Intelligence Committee and Foster of the Senate Judiciary Committee. These subpoenas were issued while they were investigating DOJ and FBI actions during the discredited Russia collusion investigation.
This revelation, reported by Just the News, sparked outrage among lawmakers, who argued that the DOJ’s actions violated the constitutional separation of powers. Prominent Republicans like Sen. Ted Cruz (R-TX) and House Judiciary Committee Chairman Jim Jordan (R-OH) have demanded explanations from the DOJ, which has not provided any public rationale.
Joining Empower Oversight in the legal battle are several whistleblower groups, including the Government Accountability Project (GAP). They have filed an amicus brief urging the court to unseal the documents to reveal why the DOJ intruded on congressional investigators’ privacy.
GAP legal director Tom Devine highlighted the stakes: “For many whistleblowers, whether they can communicate confidentially is the key to whether to challenge abuses of power. Secret subpoenas of congressional offices are a clear and present danger both to whistleblowers and Congress as a constitutional check and balance.”
The brief warns that upholding the DOJ’s secrecy would undermine the ability of congressional offices to assure whistleblowers of their confidentiality, potentially deterring them from exposing abuses.
This case underscores the critical need for transparency and accountability in government, particularly in safeguarding the constitutional balance of power and protecting those who come forward to report wrongdoing. The court’s decision on whether to unseal these documents will have significant implications for the future of whistleblower protections and the integrity of the separation of powers.
