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FBI To Judiciary
FBI To Judiciary
Department of Justice
Federal Bureau of Investigation
The FBI takes our oversight obligations seriously, as evidenced by the significant good
faith efforts we have made to satisfy the wide range of oversight requests made of the FBI by the
118th Congress. Since January, the FBI has received fourteen letters and three subpoenas from
this Committee, spanning a multitude of subject matters and requesting documents and testimony
from nearly 30 current FBI officials. This does not include additional letters from individual
Committee Members, or requests from any of the other seven Congressional committees of
jurisdiction over the FBI and our operations.
In response to these requests, the FBI has produced a significant amount of information
to Congress in the form of documents, briefings, and testimony, including in response to both
subpoenas discussed in your July 17 letter. During the same timeframe, the FBI has also
produced a significant amount of information to satisfy multiple separate requests from this
Committee and others, and we will continue to do so. Indeed, to date the FBI has provided this
Committee alone with fourteen written responses on thirteen different topics, accompanied by
the production of over 1,600 pages of classified and unclassified documents on eight separate
topics. The FBI has also testified at two Committee hearings and provided three briefings by
FBI leadership. These engagements reflect significant efforts by the FBI to balance among the
Committee’s requests, requests from other congressional committees, and the critical work of
carrying out the FBI’s mission. The FBI is committed to continuing to meet its responsibilities
to Congress under the accommodation process, including through several significant additional
steps outlined below.
The Honorable Jim Jordan
Page Two
The FBI’s ongoing commitment to balancing these demands while responding to each of
the Committee’s requests, consistent with Executive Branch authorities and confidentiality
interests, informs this update on the FBI’s responses to the two document subpoenas referenced
above.
Since receiving the Committee’s February 3, 2023, subpoena, the FBI has made four
productions totaling 488 pages of documents, provided additional information in response to the
subpoena’s requests, and made four senior executives available to provide testimony regarding
the Attorney General’s Memorandum.
The Committee’s initial oversight letter to the FBI in this Congress contained an
appendix of “outstanding oversight requests” made by the Committee’s Ranking Member or
other individual Members during the 117th Congress.3 This list, which Committee staff
confirmed reflected the Committee’s oversight priorities for the FBI during the 118th Congress,
did not include any requests for documents regarding the Attorney General’s Memorandum.
1
This is in keeping with the Committee’s and the FBI’s mutual constitutional obligations to engage in “realistic
evaluation of” each other’s needs and “avoid the polarization of disputes.” United States v. AT&T Co., 567 F.2d
121, 127 (D.C. Cir. 1977). See also Letter from Carlos Uriarte, Assistant Attorney General, Office of Legislative
Affairs, Department of Justice to Hon. Jim Jordan, Chairman, House Committee on the Judiciary (Jan. 20, 2023).
2
To date, the FBI has facilitated the transcribed interviews of Executive Assistant Director Timothy Langan,
Executive Assistant Director Jennifer Moore, Special Agent in Charge Carlton Peeples, Special Agent in Charge
Kevin Vorndran, Special Agent in Charge Steve Jensen, Special Agent in Charge Joseph Bonavolonta, Special
Agent in Charge Charles Dayoub, Section Chief Laura Dehmlow, and Intelligence Analyst in Charge Nikki Floris.
3
January 17, 2023, letter to Director Wray
The Honorable Jim Jordan
Page Three
Around that same time, the Committee expressed that conducting transcribed interviews
of FBI officials related to the Attorney General’s Memorandum was a top priority.4 The FBI
made clear to the Committee that prioritizing interviews would affect the resources available to
process documents in response to the subpoena. But to meet the Committee’s requests that FBI
prioritize witness testimony—and even though such interviews are routinely conducted following
the production of relevant documents, which allows for common frame of reference for the
questioners and witnesses, and ultimately, a more comprehensive discussion—the FBI provided
four witnesses in April and May to address the Committee’s questions on the topic.5
Although the Committee expressly placed a priority on witness interviews, the FBI
continued to work to produce additional documents in response to the subpoena. Following
prioritization guidance the FBI received as part of the ongoing accommodations process, the FBI
tailored its electronic search for records sent or received by particular custodians the Committee
identified as of interest. The FBI also searched for and identified documents based on the
Committee’s stated priorities, including specific documents and custodians identified during the
course of transcribed interviews. Since that time, the FBI has made several supplemental
document productions containing communications regarding the Attorney General’s
Memorandum.6 On June 27, the FBI produced an additional 88 pages of documents, including
certain of the communications that the Committee identified during various transcribed
interviews as priority documents.7
4
See, e.g., email from Committee staff to FBI (Mar. 9, 2023); Telephone call with Comm. Staff, H. Comm. On the
Judiciary, to Office of Legislative Affairs, Dept. of Justice and Office of Gen. Counsel Staff, Fed. Bureau of
Investigation (Mar. 13, 2023).
5
The FBI has provided EAD Timothy R. Langan, SAC Kevin Vorndran, SAC Carlton Peeples, and SAC Steve
Jensen for transcribed interviews with the Committee related to the Attorney General’s Memorandum. In addition,
multiple other FBI witnesses appearing for interviews on unrelated topics have also been asked questions regarding
the Attorney General’s Memorandum, and the FBI has allowed all such questions to be asked of each and every
witness.
6
See, e.g., FBI Document Production Bates FBI-HJC118-SB-000001-000004 (March 1, 2023), see also FBI-
HJC118-SB-000005-000014 (March 8, 2023); FBI-HJC118-SB-000362-000399 (May 26, 2023); see also FBI-
HJC118-SB-000400-000487 (June 27, 2023).
7
See, e.g., FBI Document Production Bates FBI-HJC-118-SB400-487 (June 27, 2023).
8
Telephone call with Comm. Staff, H. Comm. On the Judiciary, to Office of Legislative Affairs, Dept. of Justice
and Office of Gen. Counsel Staff, Fed. Bureau of Investigation (July 7, 2023).
The Honorable Jim Jordan
Page Four
As we have indicated when transmitting each of our prior responses to the subpoena, the
FBI has continued to search for and provide additional responsive material on a rolling basis.
Pursuant to that process, we have identified additional documents, including field office level
communications related to meetings convened with U.S. Attorney’s Offices in accordance with
the Attorney General’s Memorandum, the FBI’s role as a member of the Department’s task
force, and additional communications related to investigations identified and labeled with the
EDUOFFICIALS tag. The results of that collection and review are attached here, as well. The
invitation above to engage in further accommodation discussions applies to these documents, as
well.
With respect to the Guardian summaries provided on March 8, 2023, we understand from
your July 17 letter that the Committee is now requesting the FBI produce underlying documents
relating to those summaries. As part of the accommodation process and to allow us to focus our
efforts, if the Committee would identify which of the Guardian summaries are of interest, we are
happy to determine whether there is any corresponding documentation that could be provided,
consistent with our obligation to protect the individual privacy of potential subjects, witnesses,
and victims; law-enforcement sensitive information; and other confidentiality interests.
Finally, should the FBI identify additional materials responsive to the Committee’s
subpoena, in addition to those discussed above, we are committed to providing any such
materials as expeditiously as possible, consistent with our law enforcement, national security
obligations, and confidentiality interests.
Since receiving the Committee’s requests regarding the January 23 Domain Perspective,
the FBI has made two document productions totaling 266 pages and has provided additional
information in response to the subpoena’s requests.
As the FBI has previously stated, the January 23rd Domain Perspective, an analytical
product published by the FBI’s Richmond Field Office, failed to meet the FBI’s standards and
was withdrawn. The FBI commenced an internal review spearheaded by the Inspection Division
of the process by which the January 23rd Domain Perspective was created and internally
9
See FBI-HJC118-000488 – FBI-HJC118-000580, enclosed.
10
See FBI-HJC118-000581– FBI-HJC118-000829, enclosed.
The Honorable Jim Jordan
Page Five
published. As we have previously told the Committee, that review is nearly complete. The
FBI’s Inspection Division is available to provide the Committee a briefing on its review and
conclusions as soon as next month and proposes August 22, 2023, for the briefing.
On April 28, 2023, the FBI provided a second production of documents and a letter
providing additional, detailed information in response to your April 10 subpoena. These
productions confirmed that no other intelligence products contained the terms identified in the
subpoena. This production also included documents related to the Richmond Field Office’s
outreach to the local faith communities and communications with the Catholic Diocese of
Richmond. With respect to your recent request for additional communications between the
Richmond Field Office and the Catholic Diocese of Richmond, we are unaware of such
documents. However, we are continuing our diligence to confirm whether any such documents
exist and, if they do, we will produce them to the Committee expeditiously. Please note that of
those communications previously produced, the FBI redactions were only for personally
identifying information, almost all of which pertained to members of the public. Should the
Committee wish to see an unredacted copy of these materials, the FBI is amenable to producing
such documents in camera.
Further, as we explained in our April 28 response, the FBI has undertaken an electronic
search for additional records related to the January 23rd Domain Perspective. Having received no
feedback from the Committee on how FBI should prioritize the categories of information
requested in your April 10 subpoena, the FBI has searched for potentially responsive materials
on both the unclassified and classified enclaves of FBI systems. We are currently reviewing
these records and are committed to producing materials responsive to the subpoena on a rolling
basis, consistent with our obligations regarding law enforcement, national security, and other
Executive Branch authorities and confidentiality interests. This search was intended to cover all
portions of the subpoena’s requests, including instances in which the January 23rd Domain
Perspective was circulated by email. However, it is important to clarify that, as we previously
stated, this product was published internally on FBI intelligence platforms, consistent with how
such products are typically shared within the FBI.
11
See FBI-HJC118-DP-000268 to FBI-HJC118-DP-000278, enclosed. The only remaining redactions are on these
materials are necessary to protect the integrity of ongoing investigations and/or prosecutions, the identity of the
subject(s) of closed investigations, or the privacy and safety of non-SES FBI employees.
The Honorable Jim Jordan
Page Six
Finally, should the Committee still have questions following the Inspection Division
briefing, the FBI is prepared to make Richmond Special Agent in Charge Stanley Meador
available for a transcribed interview as soon as August 24 or 25. The FBI is happy to coordinate
a mutually agreeable date if the Committee is unavailable on those dates.
Conclusion
The enclosed productions contain law enforcement sensitive material with, as discussed
above, limited redactions to protect individual privacy and other well-established confidentiality
interests. The FBI is producing this material to the Committee as an accommodation of the
Committee’s requests. The production of this information to the Committee does not waive any
applicable privileges or other protections. Please note that by releasing law enforcement
sensitive material with limited redactions to the Committee, the FBI is making an
accommodation unique to the facts and circumstances of this particular matter; it is not a public
disclosure, but instead a good faith effort to assist the Committee in its inquiry. Disclosure of
law enforcement sensitive information could have a significant impact on the FBI’s operations.
Accordingly, we respectfully request that the Committee not disseminate or otherwise disclose
these documents without prior consultation with the FBI.
The FBI remains committed to responding to the Committee’s requests for documents
and information according to the constitutionally mandated accommodation process. As
President Reagan explained in his 1982 directive regarding congressional requests for
information, “the tradition of accommodation should continue as the primary means of resolving
conflicts between the Branches.”12 The Constitution ‘contemplates such accommodation’ and
requires each Branch to engage in a ‘realistic evaluation of [one another’s] needs.’”13
Throughout the accommodation process, the FBI has endeavored to explain to the Committee
that our responsibilities to protect Executive Branch authorities and confidentiality interests—
and our obligations to be responsive to the many congressional oversight requests we receive—
may affect the manner, scope, and pace of our productions of information to meet the
Committee’s needs. We have consistently sought to communicate these considerations to the
Committee so you may also meet your respective obligations to engage in a “realistic evaluation
of” Executive Branch needs so that we work together to achieve an appropriate “optimal
accommodation.”14
The Committee has made clear through its requests and engagements that its priorities are
not limited to its subpoenas, and the FBI has endeavored to meet the Committee’s interests and
needs accordingly. The enclosed Appendix catalogues these efforts. In total, we believe the
extensive ongoing document productions, transcribed interviews, and upcoming briefing
constitute significant accommodations to the Committee’s stated concerns and questions
regarding both the Attorney General’s Memorandum and the January 23rd Domain Perspective.
12
See Memorandum for Heads of Executive Agencies: Procedures Governing Responses to Congressional Requests
for Information (Nov. 4, 1982)
13
See United States v. AT&T, 567 F.2d 121, 127, 130 (D.C. Cir. 1997).
14
See id. at 127.
The Honorable Jim Jordan
Page Seven
We look forward to our continued engagement with the Committee regarding these, and all
other, Committee requests.
Sincerely,
Christopher Dunham
Acting Assistant Director
Enclosure
APPENDIX
FBI Responses to House Judiciary Committee Oversight Requests
118th Congress15
15
This catalogue includes significant engagements and productions to the House Judiciary Committee, but is not
comprehensive.
The Honorable Jim Jordan
Page Nine