Kelly legislation to end DOJ's weaponized surveillance passes House Judiciary Committee
WASHINGTON, D.C. -- Last week, legislation introduced by U.S. Rep. Mike Kelly (R-PA), the "Congressional Records Protection Act," which would protect the separation of powers enshrined in the United States Constitution and end the weaponized surveillance of Members of Congress, passed the House Judiciary Committee.
The legislation now advances to full consideration in the U.S. House of Representatives.
"Throughout the Biden administration, the Department of Justice repeatedly targeted and surveilled its political enemies. This legislation makes it clear: no matter your party, illegal surveillance of a Member of Congress, congressional employees and the American people is flat out wrong," said Rep. Kelly. "Partisan bureaucrats should not have the power to weaponize their prosecutorial power over fellow government officials without probable cause simply because they disagree politically."
"Rep. Mike Kelly’s Congressional Records Protection Act protects privileged legislative materials while preserving law enforcement’s ability to pursue legitimate criminal investigations. It also safeguards Congress against weaponized surveillance and helps prevent politically motivated witch hunts like the Arctic Frost and Jack Smith investigations," said House Judiciary Committee Chairman Jim Jordan (R-OH).
Original co-sponsors of the legislation include House Judiciary Committee Chairman Jim Jordan (R-OH) and Representatives Lance Gooden (R-TX), Bob Onder (R-MO), Russell Fry (R-SC), Harriet Hageman (R-WY), and Wesley Hunt (R-TX).
BACKGROUND
The Congressional Records Protection Act would prohibit any governmental entity from seeking or obtaining a search warrant, grand jury subpoena, court order, statutory authorization, certification, subpoena, or administrative order that is likely to capture material implicating the Speech or Debate Clause. The U.S. Constitution’s "Speech or Debate Clause" provides that “for any Speech or Debate in either House, [Senators and Representatives] shall not be questioned in any other place." The Speech or Debate Clause shields records related to Members’ official duties from compelled disclosure.
During the Biden-Harris Administration, the Department of Justice (DOJ) disregarded this constitutional protection and the separation of powers by issuing secret subpoenas for Members’ phone records. This includes Rep. Kelly's phone records during former Special Counsel Jack Smith's partisan investigation known as "Arctic Frost."
The Congressional Records Protection Act would require prosecutors and investigators to notify Members and congressional staffers when seeking compelled disclosure of materials that may be protected by the Speech or Debate Clause under the Act’s limited exceptions.
The Congressional Records Protection Act states the target of a criminal investigation is the person whom the governmental entity has probable cause to believe has committed a crime. If the target is a Member or congressional employee, a judge must certify that probable cause exists prior to the governmental entity seeking or obtaining a search warrant, grand jury subpoena, court order, statutory authorization, certification, subpoena, or administrative order.
You can find bill text here.