Allegations of the Department of Justice secretly obtaining communications records from members of Congress, their staff and journalists have reignited concerns about executive branch overreach and privacy breaches.

A report from the DOJ inspector general reveals phone and email records were seized during leak investigations under former President Donald Trump, targeting individuals like Kash Patel, now nominated to lead the FBI, CNN reports.

What Happened: The investigation reportedly focused on individuals with access to sensitive information, including Rep. Adam Schiff (D-Calf.) and Rep. Eric Swalwell (D-Calif.), according to sources familiar with the matter. Patel, a former staffer on the House Intelligence Committee, was also among those whose records were obtained, along with journalists from prominent outlets like CNN, The Washington Post and The New York Times.

Prosecutors bypassed established procedures, failing to convene an internal committee or obtain required certifications, according to the report.

In total, records from over 40 congressional staffers were seized without their knowledge through non-disclosure orders. The report cautioned that these actions risk undermining congressional oversight by creating an appearance of executive interference.

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Why It Matters: These revelations underscore the need for stricter safeguards to protect the constitutional balance between legislative and executive powers. Former White House Communications Director Anthony Scaramucci, speaking on CNN, highlighted the political dimensions of these appointments.

He suggested Patel's nomination might serve to appeal to Trump's base rather than present a realistic path to confirmation. Patel's nomination has drawn mixed reactions, with Devin Nunes describing him as an "immensely talented lawyer" while critics question his qualifications.

Patel's confirmation process, which could extend into 2025, is expected to draw intense scrutiny, particularly given his vocal criticism of the so-called “deep state.” For now, the inspector general's findings have amplified calls for reforms to ensure transparency and accountability in DOJ investigations involving elected officials and journalists.

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