DOJ Bends to Trump Demand for FBI Review

News  |  May 21, 2018

UPDATE: The White House released the following statement Monday afternoon (via Lawfare):

Based on the meeting with the President, the Department of Justice has asked the Inspector General to expand its current investigation to include any irregularities with the Federal Bureau of Investigation’s or the Department of Justice’s tactics concerning the Trump Campaign. It was also agreed that White House Chief of Staff Kelly will immediately set up a meeting with the FBI, DOJ, and DNI together with Congressional Leaders to review highly classified and other information they have requested.

Senate Minority Leader Chuck Schumer (D-NY) responded by condemning the agreement to share sensitive information about an open investigation with the president's staff and congressional allies, given the fact that the president and his campaign are the subject of the probe.

However, Senator Schumer adds, if the meeting happens, it should be bipartisan to protect against even more lies and distortions designed to undermine the investigation. 

 

schumer statement

Reuters

Democrats said Mueller and his investigation should be protected and information, such as about any informant, should not be shared with Congress. 

Justice Department “regulations protect this type of information from disclosure to Congress for legitimate investigative and privacy reasons,” Senator Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, said in a letter to Rosenstein on Monday. 

Rudy Giuliani attempted to justify the president's highly unusual and inappropriate request by claiming he was acting in his capacity as president and not as the subject of the investigation but then admitted seeing the DOJ materials would influence the president's decision whether or not to interview with the special counsel.

USA Today:

Trump's lead lawyer in the probe, Rudy Giuliani, said Monday that Trump called the meeting in his official capacity as president.

"He wants to make sure that the relevant members of Congress get a chance to see what they are entitled to see,” he told USA TODAY.

But he also said that whether Trump agrees to an interview with investigators could turn on the release of those documents, which would show the original sources of information that led to the probe.

“I think they could help us, if they show there is no original basis for the investigation," Giuliani said.

ABC News:

The top Democrat on the [House Intelligence] committee, Rep. Adam Schiff, D-Calif., who learned of the meeting from the Sanders statement, says he has no idea what materials will be made available to lawmakers and expressed concerns over the DOJ apparently giving in, at least partially,to GOP lawmakers' demands.

"If this is the same materials that the Department of Justice and FBI expressed such a great concern over that could put lives at risk, that could compromise relationships with foreign partners, then why are they capitulating? Why have those concerns gone away, because if they haven't then they shouldn't be providing this information," he said.

Schiff said he's also worried about Kelly's potential role in the meeting.

"It's unclear from the statement whether the chief of staff is going to participate in this meeting or is just going to arrange the meeting. Rudy Giuliani made it clear today that he wants these documents for the Trump legal defense team. That is not appropriate and I'd be concerned about anyone from the White House being present for the review of these sensitive documents because the White House should have no role in accessing investigative materials."

At the same time, Trump's congressional allies are determined to attack the intelligence community on the president's behalf in spite of there being no evidence the FBI or DOJ did anything wrong.

Reuters:

Republican U.S. Representative Lee Zeldin said he and 16 other members of Congress will introduce a resolution on Tuesday alleging Justice Department and FBI misconduct involving surveillance in the Trump-Russia probe. 

Neither Trump nor his new lawyer, Rudy Giuliani, provided any evidence of government infiltration into Trump’s presidential campaign.

Document: White House Statement on Wray, Rosenstein, Coats Meeting About FBI Informant (Lawfare)

Prodded by Trump, FBI to look into complaint about its 2016 tactics (Reuters)

In extraordinary meeting, Trump gets involved in congressional oversight of Russia probe (USA Today)

White House says Rosenstein agrees to Trump 'demand' DOJ investigate whether campaign 'infiltrated' (ABC News)


The Department of Justice has asked its inspector general to look into whether the FBI acted improperly and with any political motivation as it investigated the Trump campaign and possible Russian government collusion during the 2016 presidential election. The request comes under pressure from the president. 

The Washington Post

Trump, who spent much of Sunday railing against the year-old special counsel probe, tweeted in the afternoon that “I hereby demand, and will do so officially tomorrow, that the Department of Justice look into whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political Purposes — and if any such demands or requests were made by people within the Obama Administration!”

Hours later, the Justice Department responded by saying it had asked its inspector general to expand an ongoing review of the applications to monitor a former Trump campaign adviser “to include determining whether there was any impropriety or political motivation in how the FBI conducted its counterintelligence investigation of persons suspected of involvement with the Russian agents who interfered in the 2016 presidential election.”

(...)

“If anyone did infiltrate or surveil participants in a presidential campaign for inappropriate purposes, we need to know about it and take appropriate action,” Deputy Attorney General Rod J. Rosenstein said in a statement.

The FBI used a confidential informant  – a professor – to make contact with campaign aides and advisors suspected of cooperating with Russians. It did not embed a spy in the president's campaign as Trump and allies have alleged. 

Late last month, House Intelligence Committee Chairman Devin Nunes (R-Calif.) issued a subpoena to the Justice Department seeking all documents related to the professor. So far, he has been rebuffed by department officials, who have said that exposing the source or the source’s work could put him and his contacts in danger and jeopardize international intelligence partnerships.

Law enforcement officials consider the informant’s identity so sensitive that the FBI had been working over the past two weeks to mitigate the potential damage if his name was revealed, according to several people familiar with the matter.

Some Justice Department officials feared that the president’s tweet signaled that he might overrule them and order the department to turn over the material Nunes seeks. If that occurs, it is possible that senior officials could resign in protest — or refuse the president’s order and force him to fire them.

FBI Director Christopher Wray, Deputy AG Rosenstein, and Director of National Intelligence Dan Coats went to the White House Monday afternoon to meet with the president. The meeting reportedly was on the schedule before the president's weekend Twitter demand.  

Justice Department calls for inquiry after Trump demands probe into whether FBI ‘infiltrated or surveilled’ his campaign (WaPo)