According to a report released Tuesday by a government watchdog, the US Department of Justice (DOJ) covertly obtained phone records from two members of Congress and 43 congressional staffers, possibly including Kash Patel, president-elect Donald Trump’s nominee for FBI director. The records were obtained during wide-ranging leak investigations conducted during Trump’s first term.

The report, issued by the DOJ’s Office of the Inspector General (OIG), details an extensive surveillance effort targeting lawmakers and their staff as part of investigations into unauthorized disclosures of classified information. The members of Congress whose records were obtained have not been publicly identified. The report states that the subpoenas issued to telecom companies did not notify the targets at the time.

Patel, who served as a top aide to Rep. Devin Nunes during his tenure as chair of the House Intelligence Committee, was among those whose records were obtained. Patel has been a staunch ally of Trump and a prominent figure in the administration’s efforts to discredit investigations into Russian interference.

The watchdog’s findings have reignited concerns about the DOJs use of subpoenas to obtain private communications from lawmakers and journalists during leak investigations with civil liberties advocates and lawmakers criticizing these practices as undermining constitutional protections and the separation of powers.

The Inspector General condemned the surveillance practices in the report, stating:

The decision by the Department to seek the non-content communications records of Members of Congress and congressional staffers in media leak investigations implicated the constitutional rights and authorities of a co-equal branch of government,

The OIG’s report also revealed that the DOJ failed to establish clear guidelines for approving subpoenas involving congressional records, contributing to a lack of oversight in sensitive cases, and recommends implementing stricter approval processes and enhancing transparency to prevent potential abuses of power.

The revelations come as Kash Patel prepares for Senate confirmation hearings for his nomination as FBI director. Critics argue that his involvement in past investigations raises questions about his impartiality and suitability for the role. Patel has yet to comment on the findings.

The report further sheds light on the DOJ’s broader surveillance efforts during the Trump administration, including the controversial practice of obtaining journalists’ records. In 2021, Attorney General Merrick Garland announced new policies restricting the use of subpoenas to obtain information from members of Congress and the media.

The findings are likely to intensify scrutiny of the DOJ’s actions under the Trump administration and could prompt renewed calls for legislative reforms to curb executive power. This development follows a series of revelations about government surveillance practices, including the FBI’s misuse of surveillance tools under the Foreign Intelligence Surveillance Act (FISA). As the debate over balancing national security and civil liberties continues, the report underscores the need for accountability and transparency in the government’s handling of sensitive investigations.

This comes after Kash Patel sued the DOJ and FBI appointees including Director Christopher Wray in 2017 for unfairly obtaining his data in 2017. It also comes after the FBI announced its investigation into the hacks of US presidential campaigns in August.