The following information is from the watchdog group Empower Oversight.

Recently, a judge ruled to partially unseal two nondisclosure orders but kept most documents hidden without explaining the need for continued secrecy. Empower Oversight questioned whether the DOJ had been transparent with the court and raised concerns about constitutional separation of powers issues.

“While we appreciate the opportunity to intervene and the partial unsealing, it doesn’t answer the key questions we are asking—in particular whether the Justice Department was honest with the court in the applications and whether it flagged the serious constitutional separation of powers issues involved here. The key information is still being hid from Congress and the public,” said Empower Oversight president Tristan Leavitt.

“While we appreciate the opportunity to intervene and the partial unsealing, it doesn’t answer the key questions we are asking—in particular whether the Justice Department was honest with the court in the applications and whether it flagged the serious constitutional separation of powers issues involved here. The key information is still being hid from Congress and the public”

Tristan Leavitt, President, Empower Oversight

Empower Oversight is exploring several options to push for more transparency:

• A separate FOIA suit by Empower Oversight;
• A congressional subpoena from the House Judiciary Committee;
• An oversight letter from Senators Mike Lee, Ted Cruz, and Chuck Grassley;
• An upcoming public report by the Justice Department Inspector General that will likely require unsealing additional documents (“Review of the Department of Justice’s Use of Subpoenas and Other Legal Authorities to Obtain Communication Records of Members of Congress and Affiliated Persons, and the News Media”).

The judge noted Empower Oversight’s concerns about the DOJ’s possible misuse of subpoena power to identify whistleblowers. However, the court did not address other constitutional issues linked to the subpoenas and gag orders.

In May, Empower Oversight filed a motion to unseal documents tied to the DOJ’s subpoenas for phone and email records of congressional members and attorneys. Even after the case was closed, the DOJ continued renewing gag orders. Empower Oversight argued the court needed to fully understand the subpoenas’ scope, especially regarding separation of powers.

“The key questions remain open,” said Jason Foster, Empower Oversight’s founder. “Congress needs to learn whether the court knew and considered that the subpoenas targeted Members and Committee attorneys during their constitutional oversight of the DOJ.”

To read the court opinion click here.

To view partially unsealed docs click here and here.

For more details on the case, read the full article here.

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