Alina Habba Accuses Biden-Era Justice Department of Unconstitutional Surveillance
By Theodore Bunker | Thursday, February 26, 2026
Alina Habba, a senior adviser to the attorney general and former lawyer for President Donald Trump, has accused the Biden-era Justice Department and FBI of unconstitutional conduct after reports indicated investigators obtained phone records tied to Kash Patel and Susie Wiles while they were private citizens.
In an interview, Habba stated that such investigative steps lacked any legal basis. Reports indicate the FBI collected phone records for Patel, now FBI director, and Wiles, now White House chief of staff, during 2022 and 2023 as part of then-Special Counsel Jack Smith’s investigation into classified documents at Mar-a-Lago.
Habba noted that Patel had previously raised concerns about what he viewed as politically motivated law enforcement activity. “We’ve seen Kash speak about the fact that the former FBI, under the Biden administration, was weaponizing against private citizens that they saw as a threat and a campaign person who they saw as a threat,” she said.
“It is absolutely beyond anything I could have ever imagined,” Habba added.
She also highlighted reports that Wiles’ attorney allegedly knew of the records collection despite Wiles being unaware. “And to say that Susie Wiles now is evidently being spied on by the former FBI with her lawyer in a privileged conversation,” Habba said, “This is beyond the pale of anything I’ve ever seen in America. It’s not how we operate.”
Habba credited Patel for taking action after becoming FBI director and stated, “That’s why Kash is laying down the hammer, as we’ve seen, and has gotten rid of anybody who would use the Justice Department or the FBI in a manner that is un-American.”
According to reports, the FBI has fired at least 10 employees involved in the investigation.
When addressing calls for accountability, Habba emphasized the current administration’s adherence to legal procedures. “The one thing I have to explain to the American people that always ask and say, ‘Oh, we need to see arrests, we need to see arrests’ — the difference between this administration and the last is that we follow the rules,” she said.
“We have probable cause when we make arrests, we go through our FBI the right way,” Habba explained. “So if you want us to go out and just arrest or spy on people, no, that’s what the DOJ did.” She added that under Trump, “This DOJ will not do that.”
“We will make arrests when arrests are warranted, but we will do so lawfully.”
