2017–2018 Department of Justice metadata seizures
In February 2018, the U.S. Department of Justice subpoenaed the iCloud metadata of at least a dozen people connected to the House Intelligence Committee, including Democrat Adam Schiff and Eric Swalwell, their aides, and some family members. The subpoena covered about 73 phone numbers and 36 email addresses. The data was metadata (not contents), but the order came with a gag that prevented the targets from learning they were being investigated. This was part of a broader leak investigation about contacts between Trump associates and Russia.
The DOJ also subpoenaed phone and email metadata for reporters at CNN, The Washington Post, and The New York Times in 2017–2018. Apple and Microsoft were involved in some of these actions. Separately, Apple received subpoenas for the iCloud accounts of White House counsel Don McGahn and his wife in February 2018. Some of these actions were conducted under secret gag orders.
The probes were aimed at identifying leakers of information about Trump-Russia matters and other topics, during a period when leaks drew intense attention in Washington. The subpoenas began under Attorney General Jeff Sessions (who had recused himself from Russia-related investigations in March 2017) and continued under Attorney General Bill Barr. Both Sessions and Rosenstein later said they did not know about the subpoenas targeting lawmakers. The cases first came to light publicly in May 2021 when gag orders expired and the targets were notified.
The investigations raised concerns about the reach of the DOJ, the use of secret orders, and the handling of information about journalists and lawmakers. The DOJ inspector general and the House Judiciary Committee opened probes, and reports noted that “metadata” could be interpreted broadly, potentially even including subject lines in emails.
Background context included substantial focus on leaks of classified information and congressional or journalistic sources. The Obama-era changes to media subpoenas policies (intended to require notification to reporters in many cases) contrasted with later Trump-era practice that used long-lasting gag orders.
Several high-profile cases illustrate the scope. Reality Winner was charged in 2017 for leaking a top-secret NSA document to The Intercept. The Trump DOJ pressed to escalate leak investigations, sometimes with limited public disclosure. In 2017–2018, the DOJ sought and obtained data in cases involving coverage of Russia and national security.
Barbara Starr, CNN’s Pentagon reporter, had phone records seized for June–July 2017, spanning more than 30,000 emails. Barr later approved related actions in 2020. The DOJ’s pursuit of Starr’s data faced legal challenges and limits, and in January 2021 a settlement required Starr to be notified of the seizure by May 2021.
The Times reported that in 2017 the FBI was given documents from Dutch intelligence that had been stolen by Russian operatives. In 2020–2021, the DOJ sought the phone and non-content email records of Times reporters Matt Apuzzo, Adam Goldman, Eric Lichtblau, and Michael Schmidt, and also pursued an order related to Google for four NYT reporters’ work emails; Google resisted, and NYT lawyers sought to challenge the order. The Biden administration indicated it would disclose information to NYT executives and eventually moved to quash the order.
Other targets included Microsoft, which faced a subpoena for a congressional staffer’s personal email account in 2017. The DOJ did not tell Schiff about the investigation into his aide before an FBI interview.
In February 2018, Apple supplied metadata for the iCloud accounts of Schiff and Swalwell’s staff and other associates, while not providing content. Apple said it would normally inform customers, but the gag order kept them silent until May 2021.
As the investigations drew attention, public officials and press groups called for reforms. President Biden condemned the practice of seizing reporters’ data and signaled changes to curb overbroad secrecy. Attorney General Merrick Garland announced steps to strengthen policies on obtaining congressional and journalist records, including a July 2021 memo that prohibited using compulsory processes to seize journalists’ data and limited forcing reporters to disclose sources or notes. News organizations praised the changes and urged codification of stronger protections.
Reaction from lawmakers and editors was divided. Democratic leaders pressed for a full accounting and accountability for those involved, while some Republicans urged caution or defended the use of investigations in certain leak cases. The episodes sparked ongoing discussions about the balance between national security, executive branch oversight, and the freedom of the press, and about safeguarding the independence of the judiciary and Congress.
This page was last edited on 3 February 2026, at 17:10 (CET).