John Demers is exiting his position as head of the Justice Department’s National Security Division on June 25, just as a cloud of controversy surrounds the department over secretly seized cell phone data from Democratic lawmakers and reporters.
Sources told the New York Times Demers had arranged to step down months ago, but the timing comes as the DOJ grapples with heavy criticism over its subpoenaed records as part of a campaign that begun under the Trump Administration to crack down on department leaks.
There are questions about what Demers, one of the few holdovers from the Trump WH to remain in place when President Biden took office, knew about the Justice Department’s efforts to secretly seize the phone data from House Democrats and reporters. Demers’ division played a role in the investigations into the leaks coming from the department.
News emerged last week that the Justice Department had subpoenaed Apple for the cell records from House Intelligence Committee Chairman Adam Schiff and another Democratic member of the panel, California Rep. Eric Swalwell, in 2018. This happened as their committee was investigating then-President Trump’s ties to Russia. Schiff was the top Democrat on the panel, which was led by Republicans.
Apple shared the records of at least 12 people connected to the House intelligence panel with the DOJ after the legal filings. They included aides, former aides and family members, including a minor.
It is highly unorthodox, to the say the least, for the Justice Dept. to seize records from journalists. Prosecutors even prevented lawyers from The NY Times and CNN from disclosing the records had been seized at the time, or informing managers in the newsrooms. The sources told the Times that then-AG William Barr signed off on acquiring the records from the news organizations.
The fallout from the revelation of the subpoenas has already reached the Attorney General’s desk. Merrick Garland says his office will review department policy for how it goes about obtaining records from members of Congress.
Mark Lesko, the acting U.S. attorney in the Eastern District of New York, will reportedly be the acting head of the DOJ’s national security division until President Biden’s official pick, Uber executive Mark Olsen, gets Senate approval.
