WASHINGTON – Senate
Judiciary Committee Chairman Chuck Grassley and Crime and Terrorism
Subcommittee Chairman Lindsey Graham
requested
all proposed and final applications for surveillance warrants that the FBI
reportedly sought from the Foreign Intelligence Surveillance Court in the
investigation into Russian interference in the 2016 elections. This includes
any applications submitted in the FBI’s investigation into alleged collusion
between Russia and Trump campaign associates.
According
to
news reports, the Justice
Department sought authority from the Foreign Intelligence Surveillance Court
last summer to monitor four members of the Trump presidential campaign, but the
Court reportedly rejected these attempts and told the FBI to narrow its focus.
Other
news reports claim that the
FBI sought and was eventually granted such surveillance authority for one
former Trump campaign associate based on applications that relied on
allegations in the unverified political opposition dossier. The FBI
reportedly agreed to pay the
dossier’s creator,
retired British spy Christopher Steele to continue conducting research.
Full
text of the
Grassley-Graham
letter requesting documents related the reported surveillance applications
follows:
June 27, 2017
VIA
ELECTRONIC TRANSMISSION
The
Honorable Rod J. Rosenstein
Deputy
Attorney General
U.S.
Department of Justice
950
Pennsylvania Avenue, N.W.
Washington,
DC 20530
The
Honorable Andrew McCabe
Acting
Director
Federal
Bureau of Investigation
935
Pennsylvania Avenue, N.W.
Washington,
DC 20535
Dear
Deputy Attorney General Rosenstein and Acting Director McCabe:
We
are writing to request information regarding FISA-related actions by the FBI
and the Justice Department in the course of the investigation of Russian
interference in the 2016 election, including the investigations into
allegations of collusion between the Trump campaign and the Russians. As
explained below, we are writing to request the following related materials: all
proposed FISA applications that the FBI and Justice Department submitted to the
Foreign Intelligence Surveillance Court (FISC); the FISC’s responses to such
proposed FISA applications; all final, signed FISA applications that the FBI
and the Justice Department submitted to the FISC; and the FISC’s responses to
the final, signed applications. Media reports and the FISC’s 2016 annual report
provide reason to believe that, in the course of these investigations, the FBI
and Justice Department may have submitted proposed FISA applications that the
FISC preliminarily evaluated and stated it would reject, which the FBI and
Justice Department then modified and resubmitted. Media reports also provide
reason to believe that the FBI and Justice Department may have submitted some final,
signed FISA applications in these matters that the FISC rejected outright. The
Committee needs all of these documents to evaluate fully the FBI’s and Justice
Department’s actions in this situation.
Under
Rule 9(a) of the Foreign Intelligence Surveillance Court’s Rules of Procedure,
the government provides the Court its proposed FISA applications at least seven
days before filing its final, signed FISA applications.
[1] This preview
gives the Court the chance to assess each proposed application before actually
ruling on it, and to recommend changes to the government. As noted in the
Report of the Director of the Administrative Office of the U.S. Courts on
Activities of the Foreign Intelligence Surveillance Courts for 2016 (“2016
FISC Report”), “[i]n some instances, the Court examinations resulted in the
government making material changes to applications and certifications; for
example, proffering additional facts to support a required judicial finding of
probable cause or to address minimization concerns.”
[2]
The
2016 FISC Report, which provides annual statistics about the Court’s actions in
general, states that in 2016 the FISC denied nine applications or
certifications, and denied in part or modified 365 orders.
[3] While the 2016
FISC Report provides Congress and the public this information, it does not
report “any modifications made by the government to [a proposed] application or
certification that it had submitted pursuant to Rule 9(a).”
[4] While we
understand that this may be part of a routine FISC process, it is important for
the Committee to understand fully the context of and basis for requests to the
FISC related to this particular matter. We have some reason to believe these
processes have been used in these investigations. For example, on January 11,
2017, the
Guardian reported that:
[T]he FBI applied for a warrant from
the foreign intelligence surveillance court (FISA) over the summer in order to
monitor four members of the Trump team suspected of irregular contact with
Russian officials. The FISA court turned down the application asking FBI
counter-intelligence investigators to narrow its focus.
[5]
The
next day, the BBC stated that Justice Department attorneys involved in
the investigation of Russian election interference submitted a FISA application
to the FISC focused on two Russian banks, reporting:
Their first application, in June, was
rejected outright by the judge. They returned with a more narrowly drawn order
in July and were rejected again.
[6]
There
have been subsequent media reports claiming the FBI submitted and received
approval of a FISA application in the investigation that was based on the
political opposition research dossier.
[7]
In
order for the Committee to asses this situation, please provide the following
information by no later than July 11, 2017:
1.
Copies
of all proposed and all final signed FISA applications submitted to the FISC
relating to: Russian interference in the 2016 election; allegations of
collusion between people associated with the Trump campaign and Russia; and any
known Trump associates regardless of context.
2.
Copies
of all FISC responses to the above-mentioned applications in which the Court
notified the FBI or Justice Department that it would not grant the proposed
applications or recommended changes. If any such FISC responses were provided
orally, rather than in writing, please provide copies of all FBI or Justice
Department records memorializing or otherwise referencing the relevant FISC
responses.
3.
Copies
of all FISC orders relating to the above-mentioned applications, whether
denying the applications and certifications, denying the orders, modifying the
orders, granting the orders, or other types of orders.
We
anticipate that some of these documents may be classified, some may not, and
others may contain both classified and unclassified information. Please deliver
any documents containing classified information to the Office of Senate
Security and provide all unclassified documents directly to the Committee. If
you have any specific requests with regard to the Committee’s handling of
unclassified material, please raise those with us in advance.
Thank
you for your prompt attention to this important matter. If you have any
questions, please contact Patrick Davis of my Chairman Grassley’s Committee
staff at (202) 224-5225 or Lee Holmes of Chairman Graham’s staff at (202)
224-5972.
Sincerely,
Charles
E. Grassley Lindsey O. Graham
Chairman
Chairman
Committee
on the Judiciary Subcommittee on Crime and Terrorism
Committee on
the Judiciary
cc:
The Honorable Dianne Feinstein
Ranking Member
Senate Committee on the Judiciary
The
Honorable Sheldon Whitehouse
Ranking
Member
Subcommittee
on Crime and Terrorism
Committee on the Judiciary
-30-
[1]
Available at:
http://www.fisc.uscourts.gov/sites/default/files/FISC%20Rules%20of%20Procedure.pdf
[2]
Available at:
http://www.uscourts.gov/sites/default/files/ao_foreign_int_surveillance_court_annual_report
_2016_final_0.pdf
[5]
Julian Border,
John McCain Passes Dossier Alleging Secret Trump-Russia
Contacts to FBI, The Guardian
(Jan. 11, 2017)
[6]
Paul Wood,
Trump ‘Compromising’ Claims: How and Why Did We Get Here? BBC News (Jan. 12, 2017).
[7]
Evan Perez, Shimon Prokupecz, and Manu Raju,
FBI Used Dossier Allegations to
Bolster Trump-Russia Investigation, CNN (Apr. 18, 2017).