On Episode 57 of War Room: Impeachment, host Raheem Kassam asks constitutional lawyer David Rivkin about the “legality and constitutionality” of Adam Schiff using subpoenas to get and release the call records of political opposition for the Majority report. 

Kassam explains: “This is a new data dump that’s contained in the back of this report that includes allegedly subpoenaed information from telephone companies of call logs between some of the major players in this. This is the apparatus of government being used to get and release the phone logs of political opposition: Devin Nunes on the intelligence committee, of the president’s personal lawyer, of the White House, of private individuals, journalists, and of journalist’s sources.”

He asks Rivkin “legally and Constitutionally where do we stand on that?”

Rivkin responds: “It’s troubling obviously that the House can issue subpoenas in the context of oversight, here presumably issued in the context of an impeachment investigation. If I were the phone companies involved, I would have put a bit of a fuss over this and wanted to know what they were planning to do with this information.”

He notes the lack of outrage amongst purported civil liberty advocates: “Why are the libertarians not troubled by this, why are folks who care about civil liberties [not]? For The American Civil Liberties Union, [this] used to be something that would provoke dismay. I guess it’s all crickets now if you’re just trying to hurt Trump.” 

Rivkin addresses the ramifications of this method of obtaining data on attorney-client privilege: While “there is no attorney-client relationship between Rudy Giuliani and Devon Nunes, to the extent that there are records that provide a broader sample of Giuliani’s conversations, including his conversations with Trump, it’s very troubling.”

He continues: “We now have very troubling and unlawful surveillance of various Trump campaign aids going back to 2016. You remember Carter Page and some others done by the intelligence community, and now we have very questionable surveillance in the form of obtaining phone records by the House. Both political branches seem to be equally partaking in this dangerous practice.”

He emphasizes again, it’s “enormously troubling.”