Julian Epstein, ex-chief counsel for House Judiciary Democrats, says those in charge need 'darn good explanations'
Revelations that the Biden-era FBI tracked Trump family travel and top aide Susie Wiles’ phone records received a blistering rebuke from a former top Democratic official who compared the behavior to Nixon-era abuses of federal power that surfaced amid the Watergate scandal.
The FBI investigation codenamed "Plasmic Echo," later taken over by special counsel Jack Smith, examined Trump’s alleged improper retention of classified and national-defense material and possible obstruction. Records show agents tracked first lady Melania Trump's and Barron Trump’s travel while planning the 2022 Mar-a-Lago search and later logged metadata from now-Chief of Staff Susie Wiles’ calls with attorneys, journalists and others."
Julian Epstein, the former chief counsel for the House Judiciary Committee’s Democratic bench, compared the situation to the scandal that brought down President Richard Nixon.
"It’s hard to think of good justifications for this. To me, it feels a little Nixonian," said Epstein, who also served as staff director to Democrats on a second powerful panel, the House Oversight Committee.
"If this report is true, then it's pretty bad. If true, then those in charge at the time better have some darn good explanations for surveillance of family members and advisors talking privately to lawyers or exercising their free-speech rights with the news media," he said.
Nixon, a California Republican, maintained an "Enemies List" developed by White House aides around top adviser Charles Colson and later formalized by White House counsel John Dean. Dean – now a vocal critic of Republicans like Trump – once described it in a 1971 memo as intended to "use the available federal machinery to screw our political enemies."
Epstein questioned what legal justification investigators had for monitoring the contacts, particularly those involving lawyers and journalists.
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President Donald Trump, First Lady Melania Trump, Barron Trump, son of US President Donald Trump, Viktor Knav, father of US First Lady Melania Trump on inauguration day 2025.
"That seems like a stretch," he said.
Epstein appeared to be among the few prominent Democrats publicly criticizing the newly disclosed investigative tactics Tuesday, including the tracking of Melania and Barron Trump’s travel and the collection of Wiles’ call metadata.
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Fox News Digital reached out to Sen. Richard Blumenthal, a Connecticut Democrat who just months ago similarly broke party-silence to object to prior revelations from Smith’s probe.
Blumenthal told Fox News Digital in July that Republicans were right to be upset that some of their communications were subpoenaed without their notice.
"I think we need to have more facts. Look into it. Republicans are rightly concerned about the possible breach of norms and improper access to email," Blumenthal said at the time.
In a separate disclosure on July 14, the GOP-led Senate Judiciary Committee released records showing that Smith’s 2020-election investigation obtained and reviewed text messages exchanged between Trump White House officials and 44 current and former members of Congress, including Republicans and Democrats.
Theo Wold, a former acting assistant U.S. attorney general under Trump who later served as Idaho’s solicitor general, said the new disclosures involving Melania, Barron and Wiles vindicate Republicans who have long warned of a so-called "Deep State."
"But now we know that DOJ, the FBI, and the wider intelligence community have targeted Catholics, homeschool families, pro-life prayer warriors, and even the then-leading Republican Presidential candidate and his family," Wold said.
"The Deep State is real. They have abused their authority for political gain. They have wielded government power against innocent Americans to coordinate their attack on opposition political figures and dissident movements."
The White House also condemned the newly disclosed tracking of Trump family travel and collection of Wiles’ call metadata.
"Jack Smith’s surveillance operation was a disgraceful abuse of government power. Spying on political opponents is weaponization of law enforcement, plain and simple," White House spokesperson Lauren Bis told Fox News Digital. "Those responsible must be held accountable."
On one day in March 2023, documents showed investigators logged metadata for 39 calls made or received by Wiles.
Calls to and from multiple campaign contacts, a lawyer and an extension associated with Melania Trump were among those logged in Wiles’ phone metadata.
Former RNC official Elizabeth Pipko highlighted Wiles as someone that critics should be emulating, not celebrating the surveillance of.
"She managed a historic and victorious presidential campaign and became the first woman to serve as White House chief of staff. Her story should inspire young women. Instead, hatred from President Trump’s opponents teaches young people that if you work for the ‘wrong’ candidate, you and those around you can become targets," Pipko told Fox News Digital.
The revelations come after Sen. Charles Grassley, R-Iowa, told Fox News Digital exclusively that Smith’s probe had also captured communications with dozens of journalists, including some from Fox News.
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