IG to probe claim Capitol Police took photos in lawmaker’s office

The inspector general for the U.S. Capitol Police has opened an investigation into accusations that one of its officers surreptitiously entered Rep. Troy E. Nehls’ office and took photographs.

The Texas Republican requested the investigation and announced Tuesday that the inspector general agreed to launch an investigation.

“This goes much deeper than an unethical entry into my office by Capitol police,” Mr. Nehls said in a statement. “This is a violation of Members’ right to speech and debate, as well as a 4th amendment violation. Could you imagine leaving your front door open and police officers enter your private home, take pictures of the inside, and then open an investigation based on those pictures?”

He said the Capitol Police came after him to settle a score about his criticism of the agency, including for the death of Ashli Babbitt, who was shot by a Capitol Police officer when she joined a pro-Trump mob that stormed the Capitol on Jan. 6, 2021.

“Capitol Police leadership have put a target on my back, but my work in exposing the security failures on January 6th, the death of Ms. Babbitt, and the sham investigation into the events of January 6th will not be deterred,” Mr. Nehls said.

Capitol Police released a statement from Chief Tom Manger:

“The United States Capitol Police is sworn to protect Members of Congress. If a Member’s office is left open and unsecured, without anyone inside the office, USCP officers are directed to document that and secure the office to ensure nobody can wander in and steal or do anything else nefarious. The weekend before Thanksgiving, one of our vigilant officers spotted the Congressman’s door was wide open. That Monday, USCP personnel personally followed up with the Congressman’s staff and determined no investigation or further action of any kind was needed. No case investigation was ever initiated or conducted into the Representative or his staff.”

The Capitol Police officer entered the office on Nov. 20 through an open door and took a photograph of writings and drawings on a whiteboard, apparently as part of an investigation targeting Mr. Nehls or his staff, the congressman said.

Mr. Nehls said the Capitol Police officer photographed confidential material about legislation that would have ensured body armor quality for law enforcement officers.

The whiteboard also included a map of the Rayburn House Office Building that a staffer drew to direct an intern to an ice machine within the complex.

Mr. Nehls said the photo, which included the words “body armor” and the map, was passed up to Capitol Police intelligence analysts, resulting in a report citing “suspicious writings.”

The congressman learned of the incident the subsequent Monday when three plainclothes Capitol Police agents returned to his office and questioned a staff member.

Mr. Nehls told The Washington Times that he spoke with Chief Manger for at least 17 minutes after the incident but was not satisfied with the chief’s explanations.

“I think it’s shameful that I can’t get answers to basic questions as to who took the picture. Where was the picture sent, who authorized the criminal investigation into my office,” Mr. Nehls said. “Did this go to the high levels in the intelligence division of the Capitol Police, which, you know … I’ve been a very vocal critic on January 6th.”

Mr. Nehls, who served 30 years in law enforcement, including eight years as a sheriff, took a prominent role in criticizing Capitol Police leadership’s intelligence failures in advance of the riot. House Minority Leader Kevin McCarthy, California Republican, chose him to be a member of the select committee investigating the riot.

House Speaker Nancy Pelosi, California Democrat, rejected Mr. Nehls and others Mr. McCarthy named to the committee.

Mr. Nehls is the second Republican lawmaker this week claiming law enforcement officers are targeting their privacy and freedom of speech rights. 

Rep. Louie Gohmert, Texas Republican, released a statement Tuesday saying his staff received a letter in January addressed to his office from a Christian missionary. He said the envelope was already opened and stamped “DOJ MAILROOM” with a date and “X-RAYED” on the stamp. 

Last week, his office received a piece of mail from a constituent in eastern Texas postmarked September 2021. Mr. Gohmert said it took 4½ months for the letter to reach his office. He said the envelope was opened and bore a stamp from the Department of Justice.

“It is deeply concerning that Legislative Branch mail is somehow being co-mingled with Executive Branch mail when we have completely different proprietary zip codes. We are separate but co-equal branches of government. Even if it were a mistake to deliver Congress’ mail to the DOJ, the DOJ has an obligation to immediately notify Congress and forward the mail without opening it,” Mr. Gohmert said. 

“It is gravely concerning that since Congressional mail is constitutionally protected under the Speech and Debate Clause of the Constitution, it could be routed, intentionally or not, through the highly partisan DOJ. This is felonious behavior,” he said, noting that the Supreme Court “made it clear that the Department of Justice cannot even use a search warrant to search a Representative’s mail and office.”

House Republicans sent a letter to Mrs. Pelosi and House Administration Committee Chairwoman Zoe Lofgren, California Democrat, about reports that U.S. Capitol Police have been monitoring members of Congress, their staff, constituents and supporters.