IC Oversight & Authorities — 2026-04-29
Todd Blanche Confessed to Using Comey Prosecution as Surveillance Vehicle
Deputy Attorney General
Analysis
Per a single Emptywheel analysis, credible on national security law but unverified against the court record, criminal discovery compels document production and bail conditions impose monitoring, both without the court authorization Title III or FISA would require. That gives any future administration a replicable template for targeting former senior officials through prosecution rather than court-ordered surveillance. Blanche may instead have been describing standard pre-trial conditions for defendants retaining classified access, not a deliberate strategy to exploit prosecution as surveillance cover. A federal court ruling on the constitutional question isvery unlikely by end of 2026, as the case is more likely to exit on procedural or evidentiary grounds or through political disposition before trial.
Per a single Emptywheel analysis, credible on national security law but unverified against the court record, criminal discovery compels document production and bail conditions impose monitoring, both without the court authorization Title III or FISA would require. That gives any future administration a replicable template for targeting former senior officials through prosecution rather than court-ordered surveillance. Blanche may instead have been describing standard pre-trial conditions for defendants retaining classified access, not a deliberate strategy to exploit prosecution as surveillance cover. A federal court ruling on the constitutional question is