If Adam Schiff isn’t worried, he isn’t getting good legal advice. Kim Strassel’s article highlights a multitude of crimes that Mr. Schiff might be prosecuted for. That’s the subject for others, though, so let’s unpack Ms. Strassel’s article.

In her article, she wrote “Mr. Schiff divulged the phone logs this week in his Ukraine report, thereby revealing details about the communications of Trump attorneys Jay Sekulow and Mr. Giuliani, ranking Intelligence Committee member Devin Nunes, reporter John Solomon and others.” A paragraph later, she continued, saying “If we’ve never had a scandal like this before, it’s in part because it is legally dubious. Federal law bars phone carriers from handing over records without an individual’s agreement. The statute makes some exceptions, including for federal and state law-enforcement agencies. But not for lawmakers. ‘There does not appear to be any basis to believe that a congressional committee is authorized to subpoena telephone records directly from a provider—as opposed to an individual,’ former Attorney General Michael Mukasey tells me.”

Members of Congress can’t access these phone logs because they fall outside the purview of their legislative responsibilities. For those saying that Schiff had additional authority thanks to impeachment, the reality is that Schiff requested these records a month before the House voted to initiate the impeachment inquiry. It was after Nancy Pelosi declared that they were starting the inquiry but that’s insignificant in the court’s eyes.

That’s because the Constitution gives the authority to “the House of Representatives.” Literally for decades, courts have ruled that the House hasn’t acted until it votes. Though Ms. Pelosi has frequently acted like a queen, it isn’t likely that a court will grant her queen status. It isn’t likely that a court will rule that a legislator, even a Speaker of the House, can unilaterally declare the start of impeachment.

The question is whether Mr. Schiff, in his zeal to bring down Mr. Trump, has made himself legally vulnerable. In Kilbourn v. Thompson (1881), the U.S. Supreme Court held that “a congressional investigation into individual affairs is invalid if unrelated to any legislative purpose.” Mr. Schiff might argue he has wider powers in an impeachment inquiry. But the House didn’t approve the inquiry until Oct. 31, a month after he issued his main AT&T subpoena.

Rep. Jim Banks wrote “It doesn’t take a constitutional lawyer to recognize that subpoenaing these call records violates the spirit of the Constitution’s Fourth Amendment, which prohibits unlawful searches and seizures.”

Schiff didn’t go to court to get these records. He submitted the request directly to AT&T. The reason why legitimate requests go through the courts is to have the courts supervise the process.

“The subpoenas aren’t related to legitimate congressional oversight,” says constitutional lawyer David Rivkin. Because there’s “no conceivable legislative purpose to obtaining these call logs and publicly disclosing this information, Mr. Schiff would not be able to benefit from the Speech and Debate Clause immunity that otherwise protects members of Congress from civil and criminal liability.” Mr. Rivkin adds that any of the targets could sue Mr. Schiff under state law for invasion of privacy or intentional infliction of emotional distress, and potentially even compel Mr. Schiff to turn over documents in discovery.

The other thing that should be considered is throwing Schiff out of the House for violating another congressman’s Fourth Amendment rights. Nobody is above the law, especially the chairmen of powerful committees.

Schiff’s actions are reprehensible. Ethics charges should be filed with the House Ethics Committee immediately against Chairman Schiff. If Democrats protect him against those charges, highlight which Democrats protected Schiff for his disgusting behavior in campaign ads. Let Democrats know that they’ll pay a steep price for protecting corrupt members of their party.

Adam Schiff hasn’t displayed the proper caution for his high-ranking position. He hasn’t been accurate with his statements or findings of facts. His accusations aren’t based on verified information. Simply put, he’s been reckless. That’s why he needs to be stopped permanently.

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