Schiff's Phone Record Scandal: Lawbreaker Or Whistleblower?

During the 2019 impeachment investigation of President Donald Trump, Adam Schiff, as chairman of the House Intelligence Committee, obtained the phone records of several prominent figures in Trump's orbit, including Rudy Giuliani, Devin Nunes, and Jay Sekulow. Schiff has been criticized for his methods, with some arguing that he violated ethics rules and engaged in spy games. He obtained the records through secret subpoenas, leaving the targeted individuals with no legal avenue to challenge them. While Schiff defended his actions as standard investigative procedure, others have raised concerns about the release of private information and the potential for political retaliation. The situation has sparked debates about the limits of congressional subpoena power and the protection of privacy and civil liberties.

Adam Schiff's release of phone records invites legal and ethical scrutiny

While obtaining information about a journalist may not be subject to an ethics complaint, significant concerns have been raised about Schiff's decision to release Solomon's information. The House rule against discrediting or dishonouring the House or its members does not cover journalists, but the release of records regarding figures not targeted in the investigation demonstrates Schiff's antipathy toward political rivals and sets a concerning precedent.

Schiff may have violated the same rule he used to threaten House Republicans. He warned them not to reveal the name of the whistleblower who filed a complaint about Trump's phone conversation with Ukrainian President Volodymyr Zelenskyy, but he then released the private information of people unrelated to the impeachment process.

In addition, the targeted individuals were unaware of the subpoenas because Schiff kept them under wraps and obtained the records directly from the phone companies, leaving them with no legal avenue to challenge the subpoenas. This lack of transparency and potential abuse of power have drawn criticism and calls for updated House rules to specifically prohibit such actions.

Schiff has defended his actions, stating that the blowback has only come from the far right and that obtaining phone records is a standard investigative procedure. However, others argue that Schiff's actions amount to "an outrageous and shocking abuse of power" and "domestic political espionage."

Schiff's subpoenas were kept under wraps, leaving citizens with no legal recourse

During the 2019 impeachment investigation of President Donald Trump, Adam Schiff, as chairman of the House Intelligence Committee, obtained the phone records of many prominent figures in the Trump orbit, including Rudy Giuliani, Devin Nunes, Jay Sekulow, and others, using secret subpoenas. Schiff kept the subpoenas under wraps and obtained the records directly from the phone companies, leaving the targeted individuals with no legal avenue to challenge them.

Schiff's actions have invited legal and ethical scrutiny, with some arguing that he may have violated the same House rules he used to threaten House Republicans. Tom Anderson, director of the Government Integrity Project at the National Legal and Policy Center, a watchdog group, said that Schiff warned Republicans on the House Permanent Select Committee on Intelligence not to reveal the name of the whistleblower who first filed a complaint about President Trump's phone conversation with Ukrainian President Volodymyr Zelenskyy. According to Anderson, Schiff "didn't want other members to expose private information of the whistleblower, but he is doing the same thing to people who don't have anything to do with the impeachment process."

The phone records obtained by Schiff included communications between Trump's personal lawyer, Rudy Giuliani, and associate Lev Parnas, who was indicted for a campaign finance violation. The records also showed contact between Giuliani and Nunes, as well as Washington journalist John Solomon. While obtaining information about a journalist may not be subject to an ethics complaint, significant concerns have been raised about Schiff's release of information on Solomon, who has covered Democrats' efforts to cripple or remove Trump.

Schiff's legal team of taxpayer-funded congressional lawyers argued that the public didn't deserve to see the subpoenas, claiming "sovereign immunity" and "Speech or Debate Clause" privilege. Judicial Watch, a conservative watchdog group, filed a suit against Schiff and the House Intelligence Committee in December 2019, asserting the public's right to examine government records when the public interest in disclosure outweighs government secrecy. However, Judicial Watch's efforts were stymied at the district court level, and an appeal to the United States Court of Appeals for the D.C. Circuit did not result in a favourable outcome.

Schiff's actions set an alarming precedent

During the 2019 impeachment investigation of then-President Donald Trump, Adam Schiff, as chairman of the House Intelligence Committee, obtained the phone records of several prominent figures in Trump's orbit, including Rudy Giuliani, Devin Nunes, Jay Sekulow, and others. Schiff obtained these records using secret subpoenas, keeping them under wraps and preventing the targeted individuals from knowing about or challenging the subpoenas.

Schiff's actions have invited legal and ethical scrutiny, with some arguing that he may have violated the same House rules he used to threaten House Republicans during the impeachment process. Tom Anderson, director of the Government Integrity Project at the National Legal and Policy Center, stated that Schiff's release of phone records, including those of Washington journalist John Solomon, demonstrated "antipathy toward political rivals" and set an "alarming precedent". Anderson questioned the implications of releasing private phone records, including calls made to journalists, and warned that Democrats were "setting terrible precedents" that could be used against them by Republicans in the future.

Schiff's defence of his actions was that they were standard investigative procedure and that the blowback was "only coming from the far right". He also clarified that the committee had not subpoenaed call records for ranking member Devin Nunes, contrary to some reports.

In contrast to Schiff's secret subpoenas, the Justice Department used a court-authorized grand jury process to obtain Schiff's phone records as part of a criminal investigation into leaks of classified information. This irony was highlighted by Judicial Watch, a conservative watchdog group, which called out Schiff's overreach and filed a suit against him and the House Intelligence Committee in December 2019. Despite these concerns, a court panel protected Schiff's actions from public scrutiny.

AT&T and Verizon provided phone records to Schiff

In September 2019, the House Intelligence Committee, chaired by Rep. Adam Schiff, subpoenaed the phone records of five individuals from AT&T and Verizon. This was part of the Democrats' impeachment inquiry into President Donald Trump, focusing on the temporary hold he placed on military aid to Ukraine.

The phone records obtained by the Committee showed that Trump's personal lawyer, Rudy Giuliani, was in contact with Lev Parnas, who was indicted for a campaign finance violation. Giuliani was also in communication with Devin Nunes, the ranking Republican member of the Intelligence Committee, and Washington journalist John Solomon. Nunes also spoke to Parnas.

Schiff defended the decision to obtain phone records, stating that it was standard practice for investigators to seek such information to corroborate or contradict witness testimony. He clarified that the Committee had not subpoenaed call records for Devin Nunes, contrary to some reports.

However, the release of these phone records invited legal and ethical scrutiny. Tom Anderson, a director at the National Legal and Policy Center, argued that Schiff may have violated House rules by discrediting the House or its members. Anderson also raised concerns about the release of information on Solomon, a journalist, setting a problematic precedent for future investigations.

AT&T responded to the situation by stating that it is "required by law to provide information to government and law enforcement agencies." A Verizon spokesperson declined to comment.

Schiff calls for an investigation of the Trump Justice Department

Rep. Adam Schiff, chair of the House Intelligence Committee, called for an inspector general investigation of the Trump Justice Department. This came after a report that his phone records, along with those of aides and another member of the committee, had been seized. Schiff called the seizure a "terrible abuse of power".

The New York Times reported that the department was hunting for leakers behind the distribution of classified information early in the Trump administration. Prosecutors subpoenaed Apple for communications data of at least two Democrats on the House Intelligence Committee, as well as that of aides and a family member. One was a child.

The data didn't tie the committee to the leaks, and there were discussions about dropping the investigation. However, a year later, William Barr, the new attorney general, revitalized the investigation, moving employees around to work on the Schiff case.

Schiff said that the Justice Department's move was a "patent abuse" and "another example of the president politicizing" the department. He added that it was a "cudgel against (Trump's) political opponents and members of the media".

In response to the report, Schiff said:

> "I think that the attorney general has an obligation to clean house, to essentially understand exactly what the department was doing over the last four years — make sure there’s accountability for those that were engaged in political and partisan investigations within the department."

House Speaker Nancy Pelosi backed Schiff's call for an investigation, calling the Times report "harrowing". She said:

> "These actions appear to be yet another egregious assault on our democracy waged by the former president. I support Intelligence Committee Chairman Adam Schiff’s call for an investigation into this situation and other acts of the weaponization of law enforcement by the former president. Transparency is essential."

During the 2019 impeachment investigation of President Donald Trump, Schiff obtained the phone records of many prominent figures in the Trump orbit, including Rudy Giuliani, Rep. Devin Nunes, and Jay Sekulow. Schiff kept the subpoenas under wraps and obtained the records directly from the phone companies, leaving the targeted individuals with no legal avenue to challenge them.

Frequently asked questions