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Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

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Issue Deep Dive

Schiff’s “Right to Spy” on Americans

This week’s Weekly Update with Tom Fitton focuses on Rep. Schiff’s controversial plea to dismiss Judicial Watch’s request for discovery regarding his illegal collection and publishing of private phone records. 

Lawyers representing Adam Schiff through the House of Representatives’ Office of General Counsel are fighting Judicial Watch in court to defend his “illicit subpoenas against innocent Americans,” Fitton states. As you may recall, Rep. Schiff issued his own subpoenas to collect the private phone records of Rudy Giuliani, John Solomon, his colleague Devin Nunes and others without the authorization of the court. In circumventing the court system, Schiff “abused his powers, and the Constitution.”

In response, Judicial Watch filed a request for information in December of last year. Seeking records on how the Representative collected and published private phone records, Judicial Watch sued for “our common law right to public information.” However, instead of “giving us the records, the House is spending your taxpayer dollars to fight us, and your right to know.”

So what is Schiff’s defense asserting you might ask?

In their 14-page motion Schiff and the Committee claim “sovereign immunity;” “Speech or Debate Clause” privilege; immunity from FOIA and transparency law; that the records are secret; and that Judicial Watch and public do not need to see them. However, while they “think they are above the law,” Fitton affirms that their asserted privileges are “fraudulent as a matter of law.” Asserting sovereign immunity, namely that“FOIA doesn’t apply to Congressional records,” they are suggesting that “Congress can secretly subpoena your phone records, spy on you and then publish your records with zero accountability,” Fitton states. 

The question is, can anyone really endorse what the Schiff defense motion states? Challenge your Members of Congress by calling them and asking exactly what they think about Schiff’s defense. Can Congress really spy on you, and continue its “predation on your God-given rights?”


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