WASHINGTON
– Senate Judiciary Committee Chairman Chuck Grassley today wrote to Secretary
of Homeland Security John Kelly and Secretary of State Rex Tillerson in order to
ask how the Russian attorney who met with Donald Trump, Jr. at Trump Tower in
June of 2016 was allowed to enter the United States.
According to her sworn declaration, former Russian prosecutor Natalia
Veselnitskaya was denied a U.S. visa to travel to the United States from Russia
to participate in litigation. Although she was subsequently granted immigration
parole to make the trip, her parole was set to expire on January 7, 2016
. Her request to extend was denied on January 4,
2016. Recent reports suggest that she met with Trump campaign officials nearly
six months after the expiration of her parole in June of 2016. In that meeting,
she reportedly discussed the Russian ban on adoptions of Russian children by
Americans, a retaliation for the U.S. enactment of the Magnitsky Act, a U.S.
law that blacklisted Russians who were determined to have engaged in certain
human rights violations. Veselnitskaya’s role in the Russian lobbying effort to
undermine the Magnitsky was later cited in a
complaint alleging
that she and her comrades failed to register as Russian agents under the
Foreign Agent Registration Act (FARA). Among the other unregistered agents
cited in the complaint is Fusion GPS, the firm that orchestrated the
unsubstantiated anti-Trump dossier.
Grassley has repeatedly
expressed concerns about the Justice
Department’s enforcement of FARA and its heavy reliance on publicly available
material and “
voluntary compliance.”
In his letter to Secretary Tillerson and Secretary Kelly, Grassley
seeks information relating to how Veselnitskaya may have been able to stay in
the United States until June, about any visa applications, visas held, or visa
application denials relating to Veselnitskaya and any documentation relating to
the conditions of her parole into the United States.
Full text of the
letter follows.
July 11, 2017
VIA ELECTRONIC TRANSMISSION
The Honorable John Kelly The Honorable Rex W. Tillerson
Secretary Secretary
U.S. Department of Homeland Security U.S.
Department of State
Washington, D.C. 20528 Washington, D.C.
20520
Dear Secretary Kelly and Secretary Tillerson:
In March of this year, the Committee began investigating
the Justice Department’s response to a formal complaint alleging failure to
register properly under the Foreign Agents Registration Act (“FARA”) and the
Lobbying Disclosure Act of 1995. The complaint alleged that a group of
unregistered Russian agents worked in the U.S. on behalf of Russian interests
to undermine the Magnitsky Act and the Global Magnitsky Act.
[1]
As you know, the Magnitsky Act was named after Mr. Sergei Magnitsky, a Russian
attorney for Hermitage Capital Management. In 2007, Mr. Magnitsky discovered
that corrupt Russian government officials and members of organized crime had
engaged in corporate identity theft, stealing the corporate identities of three
Hermitage companies and using them to fraudulently obtain $230 million, which
was then laundered out of Russia. After reporting the crimes to Russian law
enforcement, Mr. Magnitsky was arrested by the same corrupt officials. He died
in custody under suspicious circumstances.
Mr. William Browder, the CEO of Hermitage Capital
Management, then engaged in a concerted effort to obtain justice for Mr.
Magnitsky, and in response to his efforts Congress passed the bipartisan
Magnitsky Act, which authorized the President to sanction those involved in Mr.
Magnitsky’s death as well as other Russian human rights abusers. In 2016, the
Global Magnitsky Act was also enacted, applying this sanctions framework to human
rights abusers worldwide.
It is that same Mr. Browder who in July of 2016 filed the
FARA complaint with the Justice Department describing the cohort of Russian
agents allegedly involved in the ongoing effort to undermine the Magnitsky Act.
[2]
Among them were:
·
Rinat Akhmetshin, a Russian immigrant to the U.S. who was reportedly a former Russian
GRU counterintelligence officer specializing in active measures campaigns;
[3]
·
Glenn Simpson, the founder of Fusion GPS; and
·
Natalia Veselnitskaya, Russian lawyer for Prevezon Holdings, a Russian-owned company the
Justice Department alleged received millions laundered from the crime Mr.
Magnitsky uncovered.
[4]
I previously wrote Secretary Kelly seeking immigration
information related to Mr. Akhmetshin for the Committee, which I later
received.
[5]
Today, I write to the two of you seeking information relating to Ms.
Veselnitskaya.
In 2013, the Department of Justice initiated a civil
asset forfeiture case against Prevezon Holdings, a company owned by Russian Denis
Katsyv, the son of a former Russian government minister.
[6] The Justice
Department argued that his company had received millions of the laundered $230
million from the conspiracy Mr. Magnitsky discovered. According to her sworn
declaration filed in that case, Natalia Veselnitskaya, a former Moscow
prosecutor and founder of Kamerton Consulting, was retained by Prevezon to
assist in the suit.
[7]
Her declaration raises a number of issues of interest to
the Committee, which DHS and State should be able to help explain. In the
declaration, Veselnitskaya testified that she was denied a U.S. visa when she
sought to travel to the United States from Russia to participate in the
litigation, but was issued a “parole letter” by the U.S. government that
permitted her to enter for that purpose.
[8] Although the timeline
of events is not perfectly clear, it appears that she was eventually granted
this parole in 2015. According to her testimony she was also detained for two
hours at London’s Heathrow airport when she was travelling back to the United
States from a trip to London in November, 2015.
[9]
Notably, Veselnitskaya’s declaration stated that her
parole was set to expire on January 7, 2016, and that she had requested an
extension but was denied on January 4, 2016.
[10] Indeed, she
noted: “Prior to [January 7, 2016], I will have to leave the United States.”
[11]
However, according to news reports, many months later Ms.
Veselnitskaya allegedly met with Donald Trump Jr., Jared Kushner, and Paul
Manafort at Trump Tower in New York City on June 9, 2016. It is unclear how she
was still in the country for that meeting despite being denied a visa
beforehand and her parole purportedly expiring on January 7, 2016. This raises
serious questions about whether the Obama administration authorized her to
remain in the country, and if so, why?
In order for the Committee to understand
the circumstances surrounding Veselnitskaya’s visa denial and subsequent
parole, please answer the following questions no later than July 25, 2017.
U.S. Department of State
1. Please provide all visa records and associated
documentation for Natalia Veselnitskaya.
a. In her affidavit, Natalia
Veselnitskaya states that she applied for, but was denied a visa to travel to
the United States.
i. Did Veselnitskaya apply for
a U.S. visa? If the answer is yes, what category of visa was sought? Which
embassy or consulate did she submit the application? and on what basis was her
visa application denied?
ii. Please provide the visa
category and validity period for any and all previous visas issued to
Veselnitskaya.
iii. Please provide the dates
of application submission and the basis of denial for any past visa
applications submitted by Veselnitskaya, along with any associated
documentation, case notes, or other related information.
iv. Has Veselnitskaya ever been
in possession of a U.S. visa that was later revoked? If so, please provide any
information that supported the decision to revoke her visa.
b. Was Natalia Veselnitskaya
subjected to any additional administrative processing associated with any visa
application? Please explain and provide all documentation uncovered, or
created, as a result of such additional processing.
U.S. Department of Homeland Security
1. Was Natalia Veselnitskaya ever paroled into the United
States under INA section 212(d)(5)(A)? If so, on what basis? How many times was
parole granted and/or extended? Please provide all information and
documentation associated with the request for parole, including any conditions
or restrictions imposed in connection with her parole.
a. Which government agencies, if
any, requested parole for Natalia Veselnitskaya? Please explain and produce any
relevant documentation or notes regarding the decision to grant parole.
i. Please provide any point of
contact or a place of residence information that Veselenskaya provided prior to
or after a grant of parole.
b. Other than the requesting
agency, which agencies, if any, were aware of, provided input regarding, or
were otherwise involved in the decision to grant parole? Please explain.
c. Please produce any records of
entry into or exit from any port of entry in the United States for Natalia
Veselnitskaya, and a timeline of her known travel into the United States.
d. To your knowledge, is Natalia
Veselnitskaya in the United States at this time?
I anticipate that your written reply and any responsive
documents will be unclassified.
Please send all unclassified material
directly to the Committee. In keeping with the requirements of Executive Order
13526, if any of the responsive documents do contain classified information,
please segregate all unclassified material within the classified documents,
provide all unclassified information directly to the Committee, and provide a
classified addendum to the Office of Senate Security. Although the Committee
complies with all laws and regulations governing the handling of classified
information, it is not bound, absent its prior agreement, by any handling
restrictions or instructions on unclassified information unilaterally asserted
by the Executive Branch.
Thank you for your attention to this important matter.
Should you have any questions, please contact Katherine Nikas or Patrick Davis
of my staff at 202-224-5225.
Sincerely,
Charles E. Grassley
Chairman
Senate
Committee on the Judiciary
cc:
The Honorable Dianne Feinstein
Ranking Member
Senate Committee on the Judiciary
-30-
[1] Letter from
Chairman Grassley, U.S. Senate Committee on the Judiciary, to Acting Deputy
Attorney General Boente, U.S. Department of Justice (Mar. 31, 2017), available
at
https://www.judiciary.senate.gov/imo/media/doc/2017-03-31%20CEG%20to%20DOJ%20(Anti-Magnitsky%20FARA%20violations)%20with%20attachments.pdf
[2]
Complaint
Regarding the Violation of US Lobbying Laws by the Human Rights Accountability
Global Initiative Foundation and Others, Hermitage Capital Management (July
15, 2016) (“Browder Complaint”) (attached).
[3] Isaac Arnsdorf,
FARA Complaint Alleges Pro-Russian Lobbying,
Politico (Dec. 8, 2016).
(“Akhmetshin used to spy for the Soviets and ‘specializes in active measures
campaigns’ … Akhmetshin acknowledged having been a Soviet counterintelligence
officer”); Chuck Ross,
Oppo Researcher Behind Trump Dossier Is Linked to
Pro-Kremlin Lobbying Effort,
The
Daily Caller (Jan. 13, 2017) (Akhmetshin “was affiliated with GRU,
Russia’s main intelligence directorate”);
Steve
LeVine, The Oil and the Glory: The Pursuit of Empire and Fortune on the Caspian
Sea 366 (2007) (describing how a former KGB officer turned businessman
turned Kazahk politician “hired a lobbyist, an English-speaking former Soviet
Army counter-intelligence officer named Rinat Akhmetshin [and] the skilled
Akhmetshin burrowed in with Washington reporters, think tank experts,
administration bureaucrats, and key political figures”); Plaintiff’s Complaint,
International Mineral Resources B.V. v. Rinat Akhmetshin, et al., No.
161682/2015, 2015 WL 7180277 (N.Y. Sup.) (“Akhmetshin is a former Soviet
military counterintelligence officer who moved to Washington, D.C. to become a
lobbyist.”).
[4]
See Second
Amended Verified Complaint,
U.S. v. Prevezon Holdings Ltd., et al., No.
13-cv-6326, ECF 381 (SDNY) (“Prevezon Complaint”).
[5] Letter from Chairman Grassley, U.S. Senate Committee on the
Judiciary, to Secretary Kelly, U.S. Department of Homeland Security (April 4,
2017), available at
https://www.judiciary.senate.gov/imo/media/doc/2017-04-04%20CEG%20to%20DHS%20(Akhmetshin%20Information)%20with%20attachment.pdf
[7] Declaration of
Natalia Veselnitskaya
U.S. v. Prevezon Holdings Ltd., et al., No.
13-cv-6326. ECF 731 (attached).