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Oversight Hearing with Deputy Attorney General Rod Rosenstein OVERSIGHT HEARING WITH DEPUTY ATTORNEY GENERAL ROD ROSENSTEIN HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION DECEMBER 13, 2017 Serial No. 115–49 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 32–476 WASHINGTON : 2018 VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\A476.XXX A476 COMMITTEE ON THE JUDICIARY BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin JERROLD NADLER, New York LAMAR SMITH, Texas ZOE LOFGREN, California STEVE CHABOT, Ohio SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California STEVE COHEN, Tennessee STEVE KING, Iowa HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia TRENT FRANKS, Arizona THEODORE E. DEUTCH, Florida LOUIE GOHMERT, Texas LUIS V. GUTIE´ RREZ, Illinois JIM JORDAN, Ohio KAREN BASS, California TED POE, Texas CEDRIC L. RICHMOND, Louisiana JASON CHAFFETZ, Utah HAKEEM S. JEFFRIES, New York TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island TREY GOWDY, South Carolina ERIC SWALWELL, California RAU´ L LABRADOR, Idaho TED LIEU, California BLAKE FARENTHOLD, Texas JAMIE RASKIN, Maryland DOUG COLLINS, Georgia PRAMILA JAYAPAL, Washington RON DESANTIS, Florida BRAD SCHNEIDER, Illinois KEN BUCK, Colorado JOHN RATCLIFFE, Texas MARTHA ROBY, Alabama MATT GAETZ, Florida MIKE JOHNSON, Louisiana ANDY BIGGS, Arizona SHELLEY HUSBAND, Chief of Staff and General Counsel PERRY APELBAUM, Minority Staff Director and Chief Counsel (II) VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HR\OC\A476.XXX A476 C O N T E N T S DECEMBER 13, 2017 OPENING STATEMENTS Page The Honorable Bob Goodlatte, Virginia, Chairman, Committee on the Judici- ary ......................................................................................................................... 1 The Honorable Jerrold Nadler, New York, Committee on the Judiciary ............ 3 WITNESSES The Honorable Rod Rosenstein, Deputy Attorney General, U.S. Department of Justice Oral Statement ................................................................................................. 7 OFFICIAL HEARING RECORD Questions for the record submitted to The Honorable Rod Rosenstein .............. 89 (III) VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 E:\HR\OC\A476.XXX A476 VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HR\OC\A476.XXX A476 OVERSIGHT HEARING WITH DEPUTY ATTORNEY GENERAL ROD ROSENSTEIN WEDNESDAY, DECEMBER 13, 2017 HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY Washington, DC. The committee met, pursuant to call, at 10:07 a.m., in Room 2141, Rayburn House Office Building, Hon. Bob Goodlatte [chair- man of the committee] presiding. Present: Representatives Goodlatte, Smith, Chabot, Issa, King, Gohmert, Jordan, Poe, Marino, Gowdy, Labrador, Farenthold, Col- lins, DeSantis, Buck, Ratcliffe, Gaetz, Johnson of Louisiana, Biggs, Rutherford, Handel, Nadler, Lofgren, Jackson Lee, Cohen, Johnson of Georgia, Deutch, Gutie´rrez, Bass, Jeffries, Cicilline, Swalwell, Lieu, Raskin, Jayapal, and Schneider. Staff Present: Shelley Husband, Staff Director; Branden Ritchie, Deputy Staff Director; Zach Somers, Parliamentarian and General Counsel; Bobby Parmiter, Chief Counsel, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations; Perry Apelbaum, Minority Chief Counsel, Chief of Staff, Staff Director; Danielle Brown, Minority Parliamentarian and Chief Legislative Counsel; Aaron Hiller, Minority Chief Oversight Counsel; Joe Graupensperger, Minority Chief Counsel, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations; Monalisa Dugue, Minority Deputy Chief Counsel, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations; Arya Hariharan, Minority Counsel; Matthew Morgan, Minority Profes- sional Staff Member; and Veronica Eligan, Minority Professional Staff Member. Chairman GOODLATTE. Good morning. The Judiciary Committee will come to order. And without objection, the chair is authorized to declare recesses of the committee at any time. We welcome everyone to this morning’s hearing on ‘‘Oversight Hearing with Deputy Attorney General Rod Rosenstein,’’ and I’ll begin by recognizing myself for an opening statement. Thank you, Deputy Attorney General Rosenstein, for appearing for the first time in front of this committee. There is much to dis- cuss today, and we look forward to your testimony and answers to our questions. As chairman of the committee with primary oversight of the De- partment of Justice and the FBI, I have always supported the De- partment and the FBI in performing their valuable missions to (1) VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 E:\HR\OC\A476.XXX A476 2 keep our Nation safe and to hold individuals accountable for crimi- nal conduct. Yet, I and many on this committee now find ourselves in the very difficult position of questioning the actions of both prior and current Department and FBI leadership. You have a unique role at the Department of Justice in that you appointed Special Counsel Mueller and have a supervisory role over his investigation. It is therefore very appropriate for you to appear before this committee to answer questions related to the scope of the special counsel’s investigation, as well as its current efficacy in light of various events calling into question its impar- tiality. Reports on the political predisposition and potential bias of cer- tain career agents and Department lawyers on Special Counsel Mueller’s team are deeply troubling to all citizens who expect a system of blind and equal justice. The Department of Justice investigations must not be tainted by individuals imposing their own political prejudices. We are now be- ginning to better understand the magnitude of this insider bias on Mr. Mueller’s team. First, we have FBI Agent Peter Strzok and FBI lawyer Lisa Page exchanging communications showing extreme bias against Presi- dent Trump, a fact that would be bad enough if it weren’t for the fact that these two individuals were employed as part of the Mueller ‘‘Dream Team’’ investigating the very person for whom they were showing disdain. And calling it mere disdain is generous. According to the docu- ments produced last night to this committee, Mr. Strzok and Ms. Page referred to the President as an utter idiot, a loathsome human, and awful, while continually praising Hillary Clinton and the Obamas. These text messages prove what we all suspected: High ranking FBI officials involved in the Clinton investigation were personally invested in the outcome of the election and clearly let their strong political opinions cloud their professional judgment. And this was only an initial disclosure containing heavy reductions. Second, former embattled FBI general counsel and current Mueller prosecutor Andrew Weissmann expressed his awe of a former DOJ official for shunning the President and failing to faith- fully execute the law. However, we are the ones now in awe that someone like Mr. Weissmann remains on an investigative team that looks more and more partisan. Third, we have learned that a top Mueller prosecutor, Jeannie Rhee, in addition to the other actions that would normally justify recusal, served as an attorney for the Clinton Foundation. Aren’t Department of Justice attorneys advised to avoid even the appear- ance of impropriety? A former Clinton employee is now inves- tigating President Trump. This seems to be the very definition of appearance of impropriety. Fourth, we have just recently learned that another top Depart- ment of Justice official, Bruce Ohr, has been reassigned because of his wife and his connections with the infamous dossier and the company from whom the opposition research document originated. We hope to hear your assessment of the foregoing conflicts, whether individuals are being held accountable, and whether you VerDate Sep 11 2014 02:20 Nov 10, 2018 Jkt 032476 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 E:\HR\OC\A476.XXX A476 3 still have confidence in the judgment of the special counsel you named and supervised. Regarding the Clinton email scandal, you, along with Attorney General Sessions, have to date declined to appoint a second special counsel to investigate the improprieties that continue to surface re- lated to the handling of the Clinton email investigation and other events surrounding the 2016 election. These are some of the important issues on which we will focus our energy and questions today. We want to understand your par- ticipation and the Department’s involvement in addressing both in- vestigations. Mr. Deputy Attorney General, the Department of Justice’s rep- utation as an impartial arbiter of justice has been called into ques- tion. This taint of politicization should concern all Americans who have pride in the fairness of our Nation’s justice system. While we continue to call on you to appoint a second special counsel, as you are aware, we have also opened our own joint in- vestigation with the House Oversight and Government Reform Committee to review FBI and the Department of Justice’s handling of the Clinton email investigation. I want to thank you and Attorney General Sessions for recently committing to provide us relevant documents to enable robust con- gressional oversight of this matter. I implore you to continue
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