Apple provided data of House Democrats after DOJ subpoenaed it during Russia leak probe; Apple notified the lawmakers after a gag order expired this year

The Justice Department seized records from Apple for metadata of House Intelligence Committee members, their aides and family members.

New York Times 2021-06-11

Context & Ripple Effects

The disclosure sits within a broader set of Russia-probe subpoenas in which Apple said it did not know the targets when it complied, while Microsoft received a similar request. Related reporting also describes Apple later notifying Donald McGahn after a separate 2018 subpoena, showing how gag orders delayed notice across multiple targets.

The episode sharpens the conflict identified in coverage of the opaque DOJ subpoena process: providers must comply with legal demands while the affected people may be unable to challenge them until secrecy restrictions lift.

First-order effects

House Intelligence Committee members, aides and family members gained notice that the DOJ had obtained their Apple metadata only after the gag order expired, limiting any contemporaneous ability to contest the request.
Apple's compliance is now publicly associated with a subpoena whose targets it said it did not know, alongside Microsoft's compliance with a similar subpoena.

Second-order effects

Apple and other providers face greater pressure to explain what information they can disclose about sealed demands and how they notify customers once gag orders end.
The DOJ's use of secrecy orders becomes a focal point for House oversight because the affected lawmakers and their staff were themselves connected to the committee with intelligence responsibilities.

Third-order effects

Repeated delayed-notice cases, including Apple's later notice to Donald McGahn, point toward a more contested boundary between investigative secrecy and providers' role as a backstop for customer notification.
If scrutiny produces tighter limits or clearer disclosure rules for gag orders, subpoena practice would shift from provider-only compliance toward earlier external accountability.

The trend: Government demands for platform-held metadata are driving a sustained debate over whether secrecy orders prevent meaningful notice and oversight.

Discussion

@ktbenner Katie Benner on x
As part of Trump era leak probes, DOJ got data from Apple belonging to Adam Schiff and other Democrats on House Intel. The Justice Department this May refused to tell Schiff whether any Republicans were investigated w.@npfandos @nytmike @adamgoldmanNYT https://www.nytimes.com/...
@mkraju Manu Raju on x
Swalwell confirms he was the second House member whose records were seized by DOJ. (Schiff the other.) “I was notified by Apple that they did seize my records,” he says on CNN https://www.cnn.com/...
@matthew_d_green Matthew Green on x
Also I think it's amazing that in five years we've gone from “if you haven't committed a crime you don't need encryption” to “US opposition lawmakers have their texts searched.”
@matthew_d_green Matthew Green on x
Quick reminder: Apple could fix this in a heartbeat by adding an “end to end encryption for iCloud backup” setting (the tech is already in place), but they don't. Even for those who want it.
@mkraju Manu Raju on x
The gag order was renewed three times before it expired this year and Apple notified the customers. The House committee determined that along with members of committee and staff, the dragnet collected the records of family members, including at least one minor, the person said.
@just_janni Janni Cone on x
@BradMossEsq Holy crap. And DOJ didn't tell them? All they did was not renew the gag order on Apple. Unfreakingbelievable
@repseanmaloney Sean Patrick Maloney on x
Extraordinary abuse of power suggested here. We need all the facts, ASAP, but this is unacceptable AF, and further evidence of the full out assault on our democracy by the Trump Administration. Also, DOJ needs to clean house, now. https://twitter.com/...
@verge @verge on x
The Trump administration forced Apple to secretly reveal at least two Democrats' data https://www.theverge.com/... https://twitter.com/...
@juliadavisnews Julia Davis on x
Just as it did in investigating news organizations, the Justice Department secured a gag order on Apple that expired this year, so lawmakers did not know they were being investigated until Apple informed them last month. https://twitter.com/...
@nickconfessore Nick Confessore on x
This is a holy sh*t story. The long tail of Trump-era Justice politicization continues. https://twitter.com/...
@billpascrell Bill Pascrell, Jr on x
Bill Barr's destruction of the rule of law will take decades to undo. Barr should lose his law licenses and face criminal prosecution along with trump for his treachery. https://twitter.com/...
@joyannreid Joy-Ann on x
What kind of rancid old Soviet Hell is this??? A bomb of a @nytimes scoop: https://www.nytimes.com/... https://twitter.com/...
@katiephang Katie S. Phang on x
Barr's DOJ = Trump's Secret Police https://www.nytimes.com/...
@bradmossesq Bradley P. Moss on x
Hey, remember when surveillance of Carter Page was a massive scandal? Trump's DOJ surveilled opposing members of congress. https://twitter.com/...
@eliehonig Elie Honig on x
One particularly disturbing aspect of this case, and the media subpoena cases: gag orders that expired only now, months later, once Trump, Barr and the rest are already gone. https://www.nytimes.com/...
@mmasnick Mike Masnick on x
Adam Schiff has been one of the most vocal supporters of the FBI/NSA being able to get metadata. Wonder how he feels now that his own metadata was grabbed... https://twitter.com/...
@tedvrac &EACUTE;cureuils En Vrac on x
@TimOBrien The article says “seized”, but later says Apple got a grand jury subpoena. Not exactly a seizure. They could have fought it, but they apparently didn't. At least the article doesn't mention it.
@repseanmaloney Sean Patrick Maloney on x
If the people who care about freedom, the Constitution, Madisonian checks & balances, free elections — you know, America — don't get fired up right now, then the forces who support this fascist madness will. In fact, they already have. https://twitter.com/...
@brianschatz Brian Schatz on x
There are a bunch of selective libertarians in both media and politics who will explain this away or ignore this, but this is a terrifying use of the power of law enforcement and federal government against the political enemies of the former President. https://twitter.com/...
@strictlychristo Strictly on x
Trump admin. had DoJ prosecutors subpoena Apple for data from the accounts of at least two Democrats on the House Intelligence Committee, their family members, and aides. One was a minor. Two attorneys general are implicated in the unprecedented scandal. https://www.rawstory.com/…
@mzhemingway Mollie on x
As CNN knows very, very well, Swalwell is rumored to be an even bigger leaker than Schiff. CNN worked as co-conspirators in distributing Democrats' many damaging lies about Trump-Russia collusion. https://twitter.com/...
@realshawneib C. Shawn Eib on x
Because these are two totally separate things. Apple must comply with a subpoena by turning over the data IN THEIR POSSESSION. The data on the iPhone was not in their possession, it was on a customers device, locked with a passcode and encrypted. This story isn't about Apple. 1/ …
@jameeljaffer Jameel Jaffer on x
@rgoodlaw Do we know whether Apple challenged the gag order, and, if it did, what happened to that challenge? I didn't see anything about that in the story—but maybe I missed it.
@kazweida Kaz Weida on x
Uhhhh... folks... this is a BFD. 🚨 Trump's DOJ subpoenaed Apple for the data of two dozen Democratic lawmakers, including those of Adam Schiff. https://www.nytimes.com/...
@hugolowell Hugo Lowell on x
Breaking via NY Times: Trump DOJ subpoenaed Apple for account data from at least two House Intelligence Committee Dems, aides and family members, as they investigated leaks of classified information.
@kylegriffin1 Kyle Griffin on x
Breaking NYT: As the Justice Dept. investigated who was behind leaks of classified info early in the Trump admin, it took a highly unusual step: Prosecutors subpoenaed Apple for data from the accounts of at least two Democrats on the House Intel Committee. https://www.nytimes.com…
@zackwhittaker Zack Whittaker on x
Apple, which constantly crows on about its privacy efforts, does not look great here. Curious what the decision was for Apple to turn over metadata, given Google actively resisted the DOJ's order to turn over the NYT's email logs? https://twitter.com/...
@atrupar Aaron Rupar on x
The Trump DOJ subpoenaed Adam Schiff's cell phone data from Apple — and Apple apparently forked it over https://www.nytimes.com/...
@out5p0ken Outspoken on x
Holy hell ! https://twitter.com/...
@tedlieu Ted Lieu on x
The former Administration sought to destroy the Separation of Powers by ignoring Congressional subpoenas and violating congressional laws. Secretly getting metadata on Members of Congress is another outrageous act. Anyone involved in this who is still at DOJ needs to resign. http…
@granick @granick on x
Also, wtf Apple? Google is looking pretty good right now, fighting the subpoenas for the NYT data.
@realshawneib C. Shawn Eib on x
This story is about the DOJ issuing the subpoenas and gag orders in the first place. Apple did exactly what their iCloud and privacy policies say they will do in the event they're served with a subpoena. They don't turn over data they don't have the keys to. 2/
@kylegriffin1 Kyle Griffin on x
NYT: All told, the records of at least a dozen people tied to the committee were seized in 2017 and early 2018 by the Trump admin, including those of Rep. Adam Schiff. https://twitter.com/...
@rgoodlaw Ryan Goodman on x
Bill Barr “moved a trusted prosecutor from New Jersey with little relevant experience to the main Justice Department to work on the Schiff-related case.” “Mr. Benvenuto [is] still at the Justice Department.” https://www.nytimes.com/...
@charlie_savage Charlie Savage on x
Trump DOJ secretly subpoenaed coms data of Democrats on House Intelligence Cmte — incl. Adam Schiff — in a leak investigation, an inquiry revived and expanded under Barr. Gag order on Apple lifted last month. @ktbenner @npfandos @nytmike @adamgoldmanNYT https://www.nytimes.com/..…
@nothoodlum @nothoodlum on x
Apple gladly handed over Adam Schiff's data to the DOJ, yet refused to unlock the San Bernardino terrorist's phone. 🤔
@carnage4life Dare Obasanjo on x
Google fought the Trump administration's attempt to get data on reporters. Apple rolled over to provide data about members of Congress. If you define privacy as blocking targeted ads, Apple is a hero. Protecting customers from authoritarians? Not so much https://www.nytimes.com/.…
@drnikkimartinez Nikki Martinez on x
There are SO many parts of this story that disturb me, but the fact that they seized records on kids, AND that Apple handed them over, is the biggest! I'm REALLY upset about this. Hunting Leaks, Trump Officials Focused on Democrats in Congress https://www.nytimes.com/...
@philiped Philip Elmer-DeWitt on x
Prosecutors subpoenaed, then gagged, Apple https://www.ped30.com/...
@zackwhittaker Zack Whittaker on x
Holy shit. As part of a leaks investigation, Trump's DOJ “subpoenaed Apple for data from the accounts of at least two Democrats on the House Intelligence Committee, aides and family members. One was a minor.” https://www.nytimes.com/...
@laurenweinstein Lauren Weinstein on x
@leap441 @NotHoodlum @Apple The gag order is what makes this even more problematic, because it severely limited Apple's ability to fight back in this case even if sufficient grounds to fight back were present.
@uncle_sugar_ @uncle_sugar_ on x
Pretty cut and dry right here, the abuse of power, clear and obvious, only learned because Apple was finally allowed to share it after the gag order was lifted by DOJ. It's time to clean house, no one involved with these abuses should work at DOJ. They subpoenaed their children! …

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