Newly available records do not fully comply with congressional House subpoenas, and barring new developments Friday, recent documents from the FBI and Justice Department do not meet deadlines set by a House resolution, according to a source close to the discussions.
Three House Republican committee chairmen, Trey Gowdy on Oversight, Devin Nunes on Intelligence and Bob Goodlatte on Judiciary, requested the records, with one subpoena issued as long ago as August of last year.
The source said House staffers — who reviewed records Thursday at the Justice Department (DOJ) because lawmakers were out of town for the holiday recess — concluded that Justice and the FBI have still not provided information and records about FBI activities before the investigation of Russian meddling in the 2016 elections officially opened on July 31 of that year.
“The House Judiciary Committee has been in contact daily with the Justice Department to ensure they produce all the documents subpoenaed by the committee earlier this year,” a Republican House Judiciary Committee aide said. “The Justice Department has produced more documents over the past weeks and has requested more time to produce additional documents. This request seems to be reasonable, and we expect the department to comply with the terms of the subpoena.”
An Intelligence Committee spokesperson told Fox News, “The DOJ gave the committee some, but not all, of the outstanding documents, so they are not in compliance.”
A Justice Department official emphasized last weekend that the DOJ and FBI had told both chambers’ intelligence committees that records, previously limited to congressional leadership known as Gang of Eight, were now available to lawmakers and cleared staff. The records were widely reported to include documents about the FBI’s alleged use of confidential sources to contact Trump campaign aides during the 2016 campaign.
In April, a subpoena was issued for a key set of records, focused on FBI activities before the bureau’s Russia case officially opened.
“What put this in motion? And of course, was what put this into motion, was something that is politically motivated, or was it based on legit law enforcement evidence?” said Thomas Dupree, former deputy assistant attorney general under President George W. Bush. “Based on [last week’s congressional] hearing and the back-and-forth we have seen over the last few months, we are in an extremely unusual, and in my view disturbing, situation, where there has been a complete breakdown and a fracture of trust.”
FBI Director Christopher Wray and Deputy Attorney General Rod Rosenstein were on Capitol Hill last week, and faced new pressure to comply after the passage, along party lines, of a nonbinding House resolution calling on Rosenstein to provide withheld documents. The resolution had the effect of putting all House members on the record.
Those who have worked with Rosenstein emphasize he is in a difficult position because, they say, it is not routine to provide records from ongoing investigations.
“I know Rod and I think he’s an honorable person and I think anybody in that position would take it personally if they’re going to say, ‘You personally have been obstructing Congress or holding things back,’’’ said Robert Driscoll, former assistant attorney general. “He views himself as a point of a spear in a process and the one who has to interact with Congress.”
Separately on Thursday, Nunes referred 15 names for public testimony to the House Oversight and Judiciary Committees. The majority are directly linked to the infamous Steele Dossier, as well as the firm Fusion GPS that was paid by the Democratic National Committee and the Hillary Clinton presidential campaign to compile the research.
A Justice Department spokesperson declined to answer Fox’s questions, adding that Justice would respond to the House committees directly.
Catherine Herridge is an award-winning Chief Intelligence correspondent for FOX News Channel (FNC) based in Washington, D.C. She covers intelligence, the Justice Department and the Department of Homeland Security. Herridge joined FNC in 1996 as a London-based correspondent.
GOP preps contempt resolution for top FBI, DOJ officials after missed Monday deadline
The House Intelligence Committee on Tuesday will begin writing a resolution holding top FBI officials in contempt of Congress after the agency missed a Monday deadline to turn over key evidence the committee has been seeking for months.
“We are moving forward with the contempt resolution,” House Intelligence Committee Chairman Devin Nunes, R-Calif., told the Washington Examiner Tuesday morning. He added that the panel is still negotiating with FBI and Justice Department officials to get the requested documents.
Nunes has accused the FBI and Department of Justice of a “months-long pattern … of stonewalling and obstructing this committee’s oversight work.”
Those accusations boiled over during the weekend, after stories were leaked to the New York Times and Washington Post saying that FBI agent Peter Strzok, a key investigator in the Trump-Russian probe, was removed from the Russia probe after exchanging text messages critical of Trump to another FBI agent he was involved with romantically. Republicans had been seeking information about why he was removed, but were never told anything by FBI or Justice Department directly.
Nunes had also been seeking information about the FBI and Justice Department’s use of the Steele dossier, which contains damning but unverified information about President Trump.
But the Strzok leak was the last straw, and Nunes announced Saturday he has ordered committee staff to begin drafting a contempt of Congress citation for Deputy Attorney General Rod Rosenstein and for FBI Director Christopher Wray unless they complied with the panels’ requests for information by the close of business on Monday.
After the story broke, Nunes said, the FBI and Justice Department agreed to make some of the witnesses available, but are still withholding many documents and other evidence the Intelligence panel is seeking, an aide said.
Justice Department spokeswoman Sarah Isgur Flores said the department has given the panel hundreds of pages of classified documents and multiple briefings, and has now allowed Strzok and FBI Deputy Director Andrew McCabe to meet with the panel.
While committee aides will start writing the contempt resolution Tuesday, Nunes has not set a date for the panel to consider the contempt charges.
If approved by the committee, the resolutions of contempt would be sent to the House floor for consideration, but only if Speaker Paul Ryan chooses to bring them up. One GOP source said Ryan supports the contempt resolution.
Contempt of Congress resolutions approved by the House are referred to the the Justice Department, but they are relatively rare.
The House voted in 2012 to hold then U.S. Attorney General Eric Holder in contempt of Congress for withholding documents sought by the House Oversight Committee on the DOJ’s “Fast and Furious” operation that resulted in thousands of U.S. guns ending up in the hands of Mexican drug dealers.
These resolutions also are not always effective. For example, the Justice Department elected not to prosecute Holder over the contempt charge.