A whistleblower organization has filed a lawsuit against the Department of Justice (DOJ) for failing to release records pertaining to the alleged secret surveillance of congressional staff members.

Empower Oversight Whistleblowers and Research have filed a lawsuit against the DOJ, seeking the release of documents they assert prove surveillance of bipartisan staff members overseeing the FBI's investigation into Trump-Russia ties.

According to The New York Post, the civil suit was submitted to the DC federal district court on Tuesday. The organization alleges that the DOJ has repeatedly ignored five Freedom of Information Act (FOIA) requests made between October 2023 and June 2024, seeking information about the alleged unconstitutional surveillance.

Alleged Surveillance Of Congressional Staff Members

The complaint states that the requested records would reveal the extent to which the DOJ engaged in secret surveillance of congressional staff members actively involved in oversight of the department. This surveillance allegedly began in 2016 and targeted staff from both political parties.

Empower Oversight claims that the surveillance is undisputed, citing notifications from third-party technology companies to current and former congressional staff members.

These notifications reportedly informed the staff that the companies had received subpoenas for their communications records, along with non-disclosure orders (NDOs) preventing the companies from notifying the affected individuals.

The organization's founder, Jason Foster, discovered in October that he was among those surveilled while serving as chief investigative counsel for Iowa Republican Senator Chuck Grassley. Foster reported that Google had informed him of a September 2017 subpoena for his private cell phone and email communications.

Congressional Reaction And Ongoing Investigations

In response to these allegations, Senators Chuck Grassley, Ted Cruz, and Mike Lee sent a letter to Attorney General Merrick Garland in October 2023, demanding answers about the alleged violation of the separation of powers. The senators expressed concern over the DOJ's actions and their potential impact on congressional oversight.

Senator Mike Lee of Utah provided a statement to The New York Post, saying:

The DOJ must be taken to the woodshed for its illegal and unacceptable surveillance of the Legislative branch, which they initiated because Congressional staff were unraveling the Deep State's own Russiagate lies and embarrassing powerful bureaucrats.

Lee further emphasized the importance of the lawsuit in bringing accountability to what he described as corrupt practices.

DOJ And FBI's Alleged Actions And Non-Disclosure Orders

The lawsuit alleges that both the DOJ and FBI imposed six-year non-disclosure orders on technology companies such as Google, Apple, and Verizon that had been subpoenaed for congressional staff communications.

These NDOs were reportedly maintained even after the conviction of former Senate Intelligence Committee staffer James Wolfe for lying to the FBI about his communications with a reporter.

Empower Oversight has initiated another civil suit to unseal all of the DOJ's subpoenas filed to obtain private communications of congressional staff.

The organization suggests that these subpoenas may have also captured communications of high-ranking DOJ officials, including then-Deputy Attorney General Rod Rosenstein and some of his top aides.

Ongoing Review By DOJ Inspector General

The Department of Justice Inspector General, Michael Horowitz, is currently conducting a review into whether the DOJ's conduct during these investigations was based on improper considerations. A spokeswoman for the DOJ OIG's office confirmed to The New York Post that this review is still ongoing.

Horowitz's previous review of the FBI's Crossfire Hurricane investigation uncovered abuses related to surveillance warrants for Trump campaign adviser Carter Page and issues surrounding the Steele dossier.

In conclusion, the lawsuit filed by Empower Oversight Whistleblowers and Research against the Department of Justice seeks to uncover records related to alleged secret surveillance of congressional staff members. The organization claims that the DOJ has stonewalled multiple FOIA requests for these documents.

The case raises significant questions about the separation of powers and the extent of federal surveillance activities. As the lawsuit progresses and the DOJ Inspector General's review continues, more information may come to light regarding these allegations and their potential implications for congressional oversight and constitutional protections.