These demands targeted data from House Democrats, their aides, and families during an investigation into leaks.
Key Findings from the OIG Report
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Unauthorized Subpoenas and Gag Orders:
- The DOJ issued 40 non-disclosure orders (NDOs) to Apple and Google without obtaining the required authorization from the Attorney General.
- The NDOs imposed gag orders, preventing the companies from disclosing the subpoenas to the affected individuals.
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Non-Compliance with Policy:
- The DOJ did not convene its News Media Review Committee, which is mandated for reviewing such cases.
- The required certification from the Director of National Intelligence (DNI) was also not obtained for at least one investigation.
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Renewed Gag Orders:
- Many of the NDOs were renewed, including one after the DOJ had already determined the individual in question was not involved in leaking information.
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Impact on Apple:
- Apple did not provide call detail records as part of the subpoenas but confirmed whether specified phone numbers were linked to Apple accounts.
Ongoing Criticism and Reforms
The OIG criticized the DOJ's actions, noting the failure to adhere to revised policies implemented in 2014-2015 following earlier controversies over targeting journalists.
- The report urged strict compliance with updated News Media Policies to prevent future lapses.
Wider Implications
This investigation adds to the scrutiny over DOJ practices under the Trump administration and raises broader questions about oversight and accountability in government data requests.
Meanwhile, Apple faces additional legal challenges, with the DOJ pursuing an antitrust lawsuit accusing the company of monopolistic practices. Apple is actively seeking to have the case dismissed, further complicating its relationship with federal authorities.
