Justice Department ignored some policies when seizing reporters' phone records, watchdog finds

The Robert F. Kennedy Department of Justice Building is seen in Washington in June 2023.

Alex Brandon / Alex Brandon

Federal prosecutors sidestepped some Justice Department rules when they seized the phone records of reporters as part of media leak investigations during the Trump administration, according to a new watchdog report being released as the aggressive practice of hunting for journalists’ sources could again be resurrected.

The report Tuesday from the Justice Department inspector general’s office also found that some congressional staffers had their records obtained by prosecutors by sheer virtue of the fact that they had accessed classified information despite that being part of their job responsibilities. Among those whose records were obtained was President-elect Trump’s pick for FBI director, Kash Patel, who was then a staffer on the House Intelligence Committee. Patel said in a lawsuit against the department last year that he was notified by Google that the department had issued a subpoena for his records.

Though the report chronicles Justice Department actions from several years ago, the issue has new resonance as Patel has spoken of his desire to “come after” members of the media “who lied about American citizens” and his belief that the federal government should be rid of “conspirators” against Trump.