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Oversight of the Federal Bureau of Investigation OVERSIGHT OF THE FEDERAL BUREAU OF INVESTIGATION HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JUNE 13, 2013 Serial No. 113–32 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 81–462 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin JERROLD NADLER, New York HOWARD COBLE, North Carolina ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia LAMAR SMITH, Texas MELVIN L. WATT, North Carolina STEVE CHABOT, Ohio ZOE LOFGREN, California SPENCER BACHUS, Alabama SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HENRY C. ‘‘HANK’’ JOHNSON, JR., STEVE KING, Iowa Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas JUDY CHU, California JIM JORDAN, Ohio TED DEUTCH, Florida TED POE, Texas LUIS V. GUTIERREZ, Illinois JASON CHAFFETZ, Utah KAREN BASS, California TOM MARINO, Pennsylvania CEDRIC RICHMOND, Louisiana TREY GOWDY, South Carolina SUZAN DelBENE, Washington MARK AMODEI, Nevada JOE GARCIA, Florida RAUL LABRADOR, Idaho HAKEEM JEFFRIES, New York BLAKE FARENTHOLD, Texas GEORGE HOLDING, North Carolina DOUG COLLINS, Georgia RON DeSANTIS, Florida JASON T. SMITH, Missouri SHELLEY HUSBAND, Chief of Staff & General Counsel PERRY APELBAUM, Minority Staff Director & Chief Counsel (II) C O N T E N T S JUNE 13, 2013 Page OPENING STATEMENTS The Honorable Bob Goodlatte, a Representative in Congress from the State of Virginia, and Chairman, Committee on the Judiciary ................................. 1 The Honorable John Conyers, Jr., a Representative in Congress from the State of Michigan, and Ranking Member, Committee on the Judiciary ......... 3 WITNESS The Honorable Robert S. Mueller, III, Director, Federal Bureau of Investiga- tion Oral Testimony ..................................................................................................... 5 Prepared Statement ............................................................................................. 9 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Material submitted by the Honorable J. Randy Forbes, a Representative in Congress from the State of Virginia, and Member, Committee on the Judiciary ............................................................................................................... 45 (III) OVERSIGHT OF THE FEDERAL BUREAU OF INVESTIGATION THURSDAY, JUNE 13, 2013 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, the Honorable Bob Goodlatte (Chairman of the Committee) presiding. Present: Representatives Goodlatte, Sensenbrenner, Coble, Smith of Texas, Chabot, Bachus, Issa, Forbes, King, Franks, Gohmert, Jordan, Poe, Chaffetz, Marino, Gowdy, Amodei, Labrador, Farenthold, Holding, Collins, DeSantis, Smith of Missouri, Con- yers, Nadler, Scott, Watt, Lofgren, Jackson Lee, Cohen, Johnson, Pierluisi, DelBene, and Jeffries. Staff Present: Shelley Husband, Chief of Staff & General Coun- sel; Branden Ritchie, Deputy Chief of Staff & Chief Counsel; Alli- son Halataei, Parliamentarian & General Counsel; Robert Parmiter, Counsel; Kelsey Deterding, Clerk; Perry Applebaum, (Mi- nority) Minority Staff Director & Chief Counsel; Danielle Brown, Parliamentarian; and Aaron Hiller, Counsel. Mr. GOODLATTE. The Committee will come to order, and without objection the Chair is authorized to declare recesses of the Com- mittee at any time. We welcome everyone to today’s hearing on the oversight of the United States Federal Bureau of Investigation. I recognize myself and the Ranking Member for opening statements. This hearing on oversight of the Federal Bureau of Investigation will come to order. We welcome Director Mueller to your final ap- pearance before the House Judiciary Committee as FBI Director, and we are happy to have you here with us today. Before we begin, let me take a moment to commend you for your successful tenure at the FBI. You took office under extremely dif- ficult circumstances. In fact, you were confirmed 1 week before September 11, 2001, and the attacks on New York City and Wash- ington, D.C. During your 12 years as Director, you have led the transformation of the FBI from a domestic law enforcement agency into a complex intelligence-driven national security organization whose primary missions include confronting the most significant security threats facing our Nation today. You have done the Amer- ican people a great service, and for that you have my sincere grati- tude. (1) 2 We now know that last week’s unauthorized disclosure of certain NSA intelligence programs was committed by a 29-year old former defense contractor. I know there is little you will be able to say about these programs in a public hearing, but I and other Members of the Committee believe it is important for you to explain to the extent you are able why you believe these programs are a nec- essary part of America’s counterterrorism operation. I also believe the recent reports regarding the NSA programs il- lustrate this Administration’s ongoing problem of national security leaks. The Obama administration takes credit for having inves- tigated more national security leaks than any previous Administra- tion. While this may be true, I am not certain whether it is due to a more aggressive investigative approach to national security leaks or the simple fact that there have been a shockingly high number of leaks in the last 41⁄2 years. These leaks illustrate the delicate balancing act between the need to protect national security information and investigate leaks and the need to preserve the First Amendment right to freedom of the press. Regardless of how some Members of Congress may feel about the recently revealed NSA programs, the fact remains that the ter- rorist threat to the United States is ongoing. We were reminded of this nearly 2 months ago when the Boston Marathon, traditionally a day of celebration, was the target of a terrorist attack. Dzhokhar Tsarnaev and his brother, Tamerlan, set off twin explosions that killed three people and injured more than 250. This attack was a grave reminder, as you warned this Committee in 2010, that do- mestic and lone wolf extremists are now just as serious a threat to our safety as international organizations, like al-Qaeda. I would like to commend the FBI and its State and local part- ners, all of whom worked tirelessly to identify and locate the bomb- ers and apprehend Dzhokhar. However, prior to the Boston attack, several Federal agencies, including the FBI, received intelligence information about Tamerlan. I am concerned that inadequate inter- agency coordination may have prevented robust information shar- ing in this case. It is imperative that the Administration and Con- gress examine this matter closely to identify areas in which intel- ligence information sharing can be improved. On the subject of counterterrorism, I also look forward to hearing from you about the FBI’s efforts to investigate the attacks on the American consulate in Benghazi, Libya. Immediately following the attacks, the Obama administration called them a spontaneous re- sponse to a video critical of Islam. As we all now know, the attacks were, in fact, preplanned acts of terror. I am intensely concerned that the Administration’s handling of the attacks has hampered the FBI’s ability to conduct a thorough investigation. As former Deputy Chief of Mission Gregory Hicks testified, the Administra- tion’s mischaracterization of the attacks so angered the Libyan gov- ernment that they prevented the FBI Evidence Response Team from traveling to Benghazi for 2 weeks. Finally, Mr. Director, I am very interested in hearing from you about how the Bureau intends to tighten its belt in a responsible manner during this time of fiscal uncertainty. Along with Crime Subcommittee Chairman Sensenbrenner, I sent you a letter in 3 April asking several questions about the FBI’s budget and spending priorities, including the FBI’s policy to provide extensive financial benefits, including paying for all laundry and food for the highly paid professionals brought to work at FBI headquarters for 18- month stints. I appreciated receiving your response last week, but I believe this is an area where the FBI and other Federal law enforcement agencies are not making the best use of taxpayer dollars. I hope to hear what the Bureau intends to do to address this issue. I look forward to hearing your answers on all of these important topics today, as well as on several other issues of significance to the FBI and the country. And it is now my pleasure to recognize for his opening statement, the Ranking Member of the full Committee, the gentleman from Michigan, Mr. Conyers. Mr. CONYERS. Thank you, Chairman Goodlatte, and I join in wel- coming the Director of the Federal Bureau of Investigation. We gather today at a time when the Nation stands at a legal and polit- ical crossroad. We are confronted with a seemingly endless war that increasingly must be fought in the digital age. And I say this not only because of the recent disclosures concerning the
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