A new report from the Office of the Inspector General (OIG) found that President Donald Trump’s Department of Justice (DOJ) secretly obtained the phone call and text message records of 43 congressional staffers, two members of Congress in 2017 and 2018 and members of the news media. DOJ prosecutors obtained call and text logs from telecommunications companies and third-party providers including Apple through subpoenas, search warrants and court orders.
It’s already known that President Trump’s DOJ tried to obtain communication records from Apple as part of an investigation into press leaks about stories that Trump associates made contact with Russian officials. The New York Times reported in 2021 that one of the subpoenas filed in 2018 demanded to see the accounts of 109 identifiers including Democratic Representatives Adam B. Schiff and Eric Swalwell of California, congressional aides and family members including one who was a minor. Now it appears that the scope of those subpoenas was much larger.
The IG’s report says prosecutors attached gag orders to the subpoenas to prevent Apple and other companies from notifying their customers about the information orders. Most of the non-disclosure agreements were extended at least once, some of which stretched up to four years. The communication logs only showed the names of the parties involved in the calls and text messages.
Even though the OIG’s report found no political motivation for prosecutors’ requests, he noted the subpoenas and other legal means of obtaining communication logs “risks chilling Congress’s ability to conduct oversight of the executive branch.” The report also says the DOH failed to convene the News Media Review Committee, a Justice Department advisory committee formed as part of an overhaul of its news media policies in 2014, to review its information requests calling its actions “troubling,” according to the report.
Apple also took steps to limit the scope of legal requests following news of the subpoenas filed on Reps. Schiff and Swalwell. The tech company placed a limit of 25 identifiers per legal request on customers’ communication information in 2021.