House GOP Probes FBI’s Use of New Geosurveillance Method

House Republicans launch investigation into FBI’s use of geofence warrants, seeking clarity on legality. Concerns arise over potential constitutional violations and selective application in high-profile cases.

U.S. Attorney General Merrick Garland (L) and FBI Director Christopher Wray hold a press conference at the U.S. Department of Justice in Washington on Oct. 24, 2022. Kevin Dietsch/Getty Images

House Republicans on Aug. 10 sent a letter asking U.S. Attorney General Merrick Garland to investigate the legality of the way law enforcement has used geofence warrants.

The House Judiciary Committee, chaired by Jim Jordan (R-Ohio), and the Select Subcommittee on the Weaponization of the Federal Government have initiated an oversight inquiry with the Department of Justice (DOJ) into the Federal Bureau of Investigation’s (FBI) use of geofence warrants.

The use of these warrants enables law enforcement to cast a broad net and subsequently narrow down potential persons of interest using the acquired digital information from tech companies. The committee’s inquiry is aimed at evaluating the legality and constitutionality of this investigative technique.

The committee focused particularly on the application of these warrants in relation to the events that transpired at the U.S. Capitol on Jan. 6, 2021.

The letter seeks to understand the processes and policies governing the use of geofence warrants and raises constitutional concerns about their implementation.

According to the letter, geofence warrants are a relatively new investigative tool that empowers law enforcement to request location history data from third-party providers, such as Google, for devices within or near the vicinity of suspected criminal activity.

Concerns About Geofence Warrants

The central concerns raised in the letter pertain to potential constitutional violations stemming from the use of geofence warrants. The accuracy of location history data, the lack of specificity in targeting individuals, and the potential divergence from Fourth Amendment requirements are all areas of concern.

According to the Judiciary Committee, their inquiry comes at a time when the utilization of geofence warrants by law enforcement is on the rise, as indicated by an increase in requests for geofenced location history data.

The recent application of geofence warrants by the FBI in its investigation of the events at the U.S. Capitol on Jan. 6, 2021, raises concerns about selective usage. According to the letter, the FBI, in collaboration with Google, obtained location history data for potentially thousands of unique devices within the vicinity of the Capitol Building. This underscores the committee’s worries about the potential for overreach and the infringement of civil liberties.

Notably, the committee highlights instances where geofence warrants were employed to investigate violent rioting and arson incidents, such as those in Minneapolis, Minnesota, and Kenosha, Wisconsin. However, it points out a perceived inconsistency in the FBI’s approach, citing reports that suggest the agency did not utilize geofence warrants to address violent crimes occurring at federal facilities during a similar time frame.

In light of these concerns, the House Judiciary Committee and the Select Subcommittee on the Weaponization of the Federal Government have formally requested documents and information from the DOJ.

The requested materials include details about the DOJ’s policies and processes regarding the use of geofencing techniques, as well as search warrant applications and accompanying affidavits related to geofence warrants.

The letter asserts the committees’ jurisdiction to oversee matters concerning civil liberties and criminal law enforcement, as well as the mandate to investigate potential violations of citizens’ civil liberties. The committees also cite H. Res. 12, which authorizes the Select Subcommittee to explore issues related to the violation of civil liberties and the interaction between executive branch agencies and private sector entities.

The DOJ has been requested to produce the requested documents and information by Aug. 24, 2023.

The Justice Department confirmed receipt of the letter to The Epoch Times via email but declined to comment further.

More Judiciary Committee Investigation

The day before the letter was dispatched to Mr. Garland, the committee put out a press release outlining what they asserted was coordination by multiple FBI field offices in preparation of an anti-Catholic memo.

Subcommittee on the Constitution and Limited Government Chairman Mike Johnson (R-La.) sent a letter to FBI Director Christopher Wray addressing the revelation that the FBI Richmond Field Office collaborated with other FBI field offices across the nation to create the memo that singled out traditional Catholics as potential domestic terrorists.

According to the committee press release, this information conflicts with Mr. Wray’s statement before the committee on July 12, 2023, in which he claimed the FBI’s operations were restricted to “a single field office.”

In reality, the new document—a less heavily redacted version of the anti-Catholic memo—explicitly demonstrates that the FBI field offices in Portland and Los Angeles participated in or helped to develop the FBI’s judgment of traditional Catholics as potential domestic terrorists.

“It appears that both FBI Portland and FBI Los Angeles field offices were involved in or contributed to the creation of FBI’s assessment of traditional Catholics as potential domestic terrorists,” the letter stated. “This revelation raises the question of why you redacted this information in previous versions of the document you produced to the Committee.”

The letter from the committee chairmen reiterates unmet demands concerning the investigation. It invites Mr. Wray to retract his testimony and provide a more thorough explanation of the nature and extent of the FBI’s assessment. The letter also demands new communications and documents to advance the committee’s inquiry.