Judicial Watch Sues Justice Department for Records on Biden FISA Spying Targeting President Trump

(Washington, DC) – Judicial Watch announced today it filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Justice for all records regarding Biden era Foreign Intelligence Surveillance Act (FISA) subpoenas, warrants, court orders and other authorizations obtained to surveil President Trump (Judicial Watch Inc. v. U.S. Department of Justice (No. 1:25-cv-01969)).

In July 2018, a Judicial Watch FOIA lawuit forced the release of the FISA warrant applicatisns targeting Carter Page, who had been a Trump campaign adviser. This was the first time in history that such FISA records were publicly released. (The following month, the Justice Department admitted in a court filing that the Foreign Intelligence Surveillance Court held no hearings on the FISA spy warrant applications targeting Page.)

Judicial Watch sued the Justice Department after it failed to respond to a May 2, 2025, FOIA request for:

Copies of proposed and/or final subpoenas, warrants, court orders (including but not limited to any grand jury, state or federal court, FISA and FISC), or other authorizations obtained to surveil Donald Trump, or any other person or entity in any investigation where Donald Trump was the target of the investigation from January 20, 2021, through January 20, 2025. This includes but is not limited to surveillance of electronics, cloud-based accounts, phone records, and wiretaps.

Copies of all responses to the above-mentioned applications in which the authorizing body (court or grand jury, etc.) notified the FBI or Justice Department that it would not grant the proposed applications or recommended changes. If any such responses were provided orally, rather than in writing, please provide copies of FBI or Justice Department records memorializing or otherwise referencing the relevant responses. 

Copies of all orders relating to the above-mentioned applications, whether granting or denying the applications and certifications, denying the orders, modifying the orders, granting the orders, or other types of orders.

“I have zero doubt – every reason to believe – the Biden gang was spying on Trump and his team,” said Judicial Watch President Tom Fitton. “The Justice Department should follow federal FOIA law and release all documents about such abuse as soon as possible.”

In his book Rights and Freedoms in Peril Fitton details a long chain of abuses officials and politicians have made against the American people and calls readers to battle for “the soul and survival of America.” 

Judicial Watch has several FOIA lawsuits, some of which are described below, related to the unprecedented prosecutorial abuse and weaponization targeting Trump.

In March 2025, Judicial Watch sued the Justice Department for details of any investigations, inquiries, or referrals concerning potential misconduct of any person working for Special Counsel Jack Smith (Judicial Watch Inc. v U.S. Department of Justice (No. 1:25-cv-00801)). 

 In March 2025, Georgia District Attorney Fani Willis was ordered to turn over 212 pages of records to a state court judge. The court also ordered Willis to detail how the records were found and the reason for withholding them from the public. The records were belatedly found in response to a Judicial Watch request and lawsuit for communications with Special Counsel Jack Smith and the House January 6 Committee. Previously, the Superior Court in Fulton County, GA, issued an order granting $21,578 “attorney’s fees and costs” in the open records lawsuit for communications Willis had with Special Counsel Jack Smith and the House January 6 Committee. Judicial Watch received payment (Judicial Watch Inc. v. Fani Willis et al. (No. 24-CV-002805)).  

 In February 2025, federal court ordered the Justice Department to provide information on communications between Special Counsel Jack Smith and District Attorney Fani Willis regarding the prosecution of then-former President Donald Trump. The U.S. Justice Department had continued to object to providing any information even after its prosecutions against Trump were shut down (Judicial Watch v U.S. Department of Justice (No. 23-cv-03110).

 In February 2024, the Justice Department asked a federal court to allow the agency to keep secret the names of top staffers working in Special Counsel Jack Smith’s office that is targeting former President Donald Trump and other Americans (Judicial Watch Inc. v U.S. Department of Justice (No. 1:23-cv-01485)).

 Through the New York Freedom of Information Law, in July 2023, Judicial Watch received the engagement letter showing New York County District Attorney Alvin L. Bragg paid $900 per hour for partners and $500 per hour for associates to the Gibson, Dunn & Crutcher law firm for the purpose of suing Rep. Jim Jordan (R-OH) in an effort to shut down the House Judiciary Committee’s oversight investigation into Bragg’s unprecedented indictment of former President Donald Trump.

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