Grassley Seeks Information from FBI Informant in Uranium One Probe
WASHINGTON – Senate
Judiciary Committee Chairman Chuck Grassley (R-Iowa) is calling on the Justice
Department to lift a reported non-disclosure agreement preventing a former FBI
confidential informant from speaking to Congress about the handling of a
criminal probe linked to a controversial deal that ceded ownership of U.S.
uranium assets to the Russian government. Despite an ongoing criminal
investigation into officials working for subsidiaries of Rosatom, the Russian
government entity seeking to acquire ownership of U.S. uranium, the Obama
Administration approved the deal. The Justice Department has reportedly
threatened to prosecute the informant if he discloses details of his
involvement in the investigation.
“The Executive Branch does not have the authority to use non-disclosure agreements to avoid Congressional scrutiny. If the FBI is allowed to contract itself out of Congressional oversight, it would seriously undermine our Constitutional system of checks and balances. The Justice Department needs to work with the Committee to ensure that witnesses are free to speak without fear, intimidation or retaliation from law enforcement. Witnesses who want to talk to Congress should not be gagged and threatened with prosecution for talking. If that has happened, senior DOJ leadership needs to fix it and release the witness from the gag order,” Grassley said.
According
to recent news reports, a U.S.
businessman-turned-confidential informant documented bribes, extortion and
money laundering by Russian entities that were attempting to secure U.S.
government approval of a deal to acquire Uranium One, which reportedly owned 20
percent of American uranium assets at the time. According to the news reports,
the informant has information regarding payments made by Russian executives to
a U.S. entity that supported President Bill Clinton’s foundation. In 2010,
despite an ongoing criminal investigation into officials working for Rosatom
subsidiaries, the Obama Administration approved the takeover of Uranium One.
Last
week, Grassley asked several federal agencies involved in approving the deal
whether they had any knowledge of the ongoing criminal investigation and all
communications relating to donations made to the Clinton Foundation by
interested parties in the transaction. Those agencies include the Justice
Department
and State
Department.
Grassley
has previously raised concerns about the use
of non-disclosure agreements by the federal government, specifically, the
Justice Department and FBI, as a means of avoiding congressional oversight.
Grassley
sent a letter Wednesday to the Justice
Department asking for a copy of any reported non-disclosure agreement and
calling for it to be lifted. Grassley also sent a letter
to the attorney representing the confidential informant seeking an
interview.
Those
letters follow:
October 18,
2017
VIA
ELECTRONIC TRANSMISSION
The
Honorable Jeff Sessions
Attorney
General
United
States Department of Justice
Washington,
D.C. 20220
Dear
Attorney General Sessions:
On
October 12, 2017, I wrote to several agencies, including the Department of
Justice, regarding the Uranium One/Rosatom transaction that was approved by the
Committee on Foreign Investment in the United States (CFIUS) during the Obama
administration. In that letter, I noted that the Department had an ongoing
criminal investigation into Rosatom officials during the CFIUS approval process
and asked, among other things, whether CFIUS was informed of that criminal matter.
On
October 18, 2017, The Hill reported that “[a]n American businessman . .
. worked for years undercover as an FBI confidential witness” to assist in the
Department’s criminal investigation.[1] According to the
reporting, the confidential witness “was asked by the FBI to sign a
nondisclosure agreement (NDA) that prevents him from revealing what he knows to
Congress.”[2]
Further, the witness’ attorney said, “the Obama Justice Department threatened
him with loss of freedom. They said they would bring a criminal case against
him for violating an NDA.”[3]
These
restrictions appear to improperly prevent the individual from making critical,
good faith disclosures to Congress of potential wrongdoing. They also purport
to limit the Committee’s access to information it needs to fulfill its
constitutional responsibility of oversight. This Committee has oversight
jurisdiction of the Justice Department, and if this NDA does in fact exist, it
hinders the Committee’s ability to do its job. Accordingly, please provide a
copy of the NDA by November 1, 2017. In addition, should the NDA exist, I
request that you release him from it and pledge not to engage in any form of
retaliation against him for good faith communications with Congress.
Should
you have further questions, please contact Josh Flynn-Brown or DeLisa Lay of my
Committee staff at (202) 224-5225.
Sincerely,
Charles E.
Grassley
Chairman
Committee on
the Judiciary
October 18,
2017
VIA
ELECTRONIC TRANSMISSION
Ms.
Victoria Toensing
diGenova
& Toensing, LLP
1776
K Street NW
Washington,
DC 20006
Dear Ms. Toensing:
On
October 12, 2017, I wrote to several agencies, including the Department of
Justice, regarding the Uranium One/Rosatom transaction that was approved by the
Committee on Foreign Investment in the United States (CFIUS) during the Obama
administration. In that letter, I noted that the Department had an ongoing
criminal investigation into Rosatom officials during the CFIUS approval process
and asked, among other things, whether CFIUS was informed of that criminal
matter.
On
October 18, 2017, The Hill reported that you represent a confidential
informant used by the FBI during its criminal investigation into Rosatom
employees connected to the CFIUS transaction.[4] Reporting indicates
that “the informant’s work was crucial to the government’s ability to crack a
multimillion dollar racketeering scheme by Russian nuclear officials on U.S.
soil” and that the scheme involved “bribery, kickbacks, money laundering, and
extortion.”[5] Further, the reporting indicates that your client
can testify that “FBI agents made comments to him suggesting political pressure
was exerted during the Justice Department probe” and “that there was specific
evidence that could have scuttled approval of the Uranium One deal.”[6]
It
appears that your client possesses unique information about the Uranium
One/Rosatom transaction and how the Justice Department handled the criminal
investigation into the Russian criminal conspiracy. Such information is
critical to the Committee’s oversight of the Justice Department and its ongoing
inquiry into the manner in which CFIUS approved the transaction. Accordingly,
the Committee requests to interview your client. Please contact Committee staff
by October 25, 2017, to arrange the interview.
Thank
you for your attention to this important matter.
Sincerely,
Charles E.
Grassley
Chairman
Committee on
the Judiciary
-30-
[1] John Solomon and
Alison Spann, FBI informant blocked from telling Congress about Russia
nuclear corruption case, lawyer says, The Hill (Oct. 18, 2017).
[2] Id.
[3] Id.
[4] John Solomon and
Alison Spann, FBI informant blocked from telling Congress about Russia
nuclear corruption case, lawyer says, The Hill (Oct. 18, 2017).
[5] Id.
[6] Id.
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