Sept 1, 2017 Nunes Letter to the House of Representatives on FISA applications and FISC orders

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Devin Nunes. California, CHAIRMAN

K. Michael Conaway, Texas Peter T. King, New York Frank A. LoBiondo, New Jersey
Thomas J. Rooney, Florida Ileana Ros-Lehtinen. Florida		HVC-304, THE CAPITOL
Michael R. Turner. Ohio Brad R. Wenstrup. Ohio	U.S. HOUSE OF REPRESENTATIVES	WASHINGTON, DC 20515
Chris Stewart, Utah Rick Crawford, Arkansas	PERMANENT SELECT COMMITTEE	[phone]
Trey Gowdy, South Carolina Elise M. Stefanik. New York Will Hurd, Texas	ON INTELLIGENCE	DAMON NELSON STAFF DIRECTOR TIMOTHY S. BERGREEN
Adam B. Schiff, California, RANKING MEMBER James A, Himes, Connecticut Terri A. Sewell, Alabama André Carson, Indiana Jackie Speier, California Mike Quigley, Illinois Eric Swalwell. California Joaquin Castro, Texas Denny Heck, Washington		MINORITY STAFF DIRECTOR
Paul D. Ryan, SPEAKER OF THE HOUSE Nancy Pelosi, DEMOCRATIC LEADER	September 1, 2017

The Honorable Jeff Sessions

Attorney General

United States Department of Justice 950 Pennsylvania Ave, N. W.

Washington, D.C. 20530

Dear Attorney General Sessions:

On August 24, 2017, the House Permanent Select Committee on Intelligence ("Committee") served subpoenas on the Attorney General, in his capacity as head of the Department of Justice ("DOJ"), and the Director of the Federal Bureau of Investigation ("FBI") for production of documents relevant to the Committee's ongoing investigation of Russian interference in the 2016 U.S. presidential election, including allegations of collusion between the Trump campaign and the Russians.

The subpoenas directed DOJ and FBI to produce any and all documents relating to the agencies' relationship with former British Secret Intelligence Service officer Christopher Steele and/or the so-called "Trump Dossier," including those memorializing FBI's relationship with tvfr. Steele, any payments made to Mr. Steele, and efforts to corroborate information provided by Mr. Steele and his sub-sources—whether directly or via Fusion GPS. The subpoenas also directed DOJ and FBI to provide copies of any Foreign Intelligence Surveillance Act (FISA) applications submitted to the Foreign Intelligence Surveillance Court (FISC)—whether or not approved by

the FISC—incorporating information provided by Mr. Steele, his sub-sources, and/or Fusion GPS.

Resort to compulsory process was necessary because of DOJ's and FBI's insufficient responsiveness to the Committee's numerous Russia-investigation related requests over the past several months. On multiple occasions, through written requests and direct engagements, the

Committee has sought but failed to receive responsive testimony or documents from DOJ and

FBI. For example, to date the Committee has not received a meaningful response to its May 9, 2017, request to Attorney General Sessions. Additionally, on May 16, 2017, the Committee sent a letter asking then-Acting Director Andrew McCabe to participate in a voluntary interview, and produce relevant documents. The Committee received no reply until May 27 more than two months later—when DOJ declined the interview request and indicated that "the Department is not prepared to respond further to your request at this time."

Previously, on March 8, the Committee sought from DOJ certain documents, including relevant FISA applications and FISC orders, and on March 17 was allotted two billets to review responsive documents on a read-and-return basis. The Committee was not provided a copy of these documents, and the Committee's request to review them again was denied.

The subpoenas issued on August 24 required production no later than 12:00pm on September I ,

2017. Neither DOJ nor FBI provided any documents by the deadline. On the afternoon of August 31, less than 24 hours before the due date, the Committee received an initial response from the DOJ Office of Legislative Affairs requesting—on behalf of both DOJ and FBI— additional time to comply with the subpoenas.

The Committee requires timely production of the subpoenaed documents in order to execute its oversight responsibilities on behalf of the American public and fully evaluate the actions of both DOJ and the FBI. There is no legitimate basis for DOJ's failure to meaningfully engage the Committee until the eve of the deadline or begin production as a show of good faith.

Moreover, there is no legitimate basis for DOJ's request for additional time to comply, because DOJ and the FBI are well aware of the identity of the requested documents. Indeed, as noted above, at least some of them have already been compiled and made temporarily available for the Committee's review, and the remaining requested documents are readily identifiable.

Notwithstanding these concerns, the Committee hereby grants an additional thirteen (13) days for full compliance and production, to occur no later than 9:00 a.m. on September 14, 2017, at the local specified in the original subpoena. This revised deadline will not be extended.

In the alternative, if all responsive documents are not produced by the revised deadline, the

Attorney General and the Director of the FBI shall appear before the Committee at 9:00 am on September 14, 2017, in Room HVC-210 of the U.S. Capitol during an open hearing, to explain under oath DOJ's and FBI's unwillingness or inability to comply in full with the subpoenas issued on August 24.

Please be advised that, in the event that DOJ or FBI fails to provide the documents in full or testimony described above, the Committee expressly reserves its right to proceed with any and all available legal options—including reporting to the full House of Representatives a resolution to hold the Attorney General and Director of the FBI in contempt of Congress, pursuant to 2 U.S.C. 192, 194.

Sincerely,

Devin Nunes

Chairman

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