Law enforcement officers have used what they call an "exclusion list." The list lets investigators see mobile devices that were authorized to be in the Capitol -- such as for Congress members and staff, law enforcement and other government and public safety officials -- while sifting out people who were not authorized to be in the building, according to a federal court filing in a riot-related case.
The FBI and Justice Department declined to comment.
FBI collection of phone metadata and geolocator data -- permissible under federal law -- was the subject of multiple lines of questions this week by some senators who pressed FBI Director Christopher Wray to reveal what investigators were doing with communications and financial data. Republican Sens. Mike Lee of Utah and Josh Hawley of Missouri suggested at a hearing Tuesday that the FBI could be overstepping its authority by scooping up communications data.
Investigators also have Capitol Police security footage that Democrats want examined to see if any members gave tours to riot participants in advance of January 6. Democrats have accused unnamed Republicans of providing rallygoers access, suggesting they were surveillance opportunities ahead of the riot.
Other lawmakers have a separate concern, that as investigators move closer to the activities of lawmakers, some members of Congress could use the protections of the Constitution's Speech or Debate Clause to try to block the work of the FBI. The clause provides legal immunity to members of Congress when carrying out their legislative duties.
That argument is kind of weak since it they were in communication with people who were not authorized to be in the building in the first place then it had nothing to do with legislative duties.
And per their oath they should have reported any conversations to law enforcement officials.
I am all for protections under the Constitution. But that is a stretch.
