JASON CHAFFETZ. UTAH ONE HUNDRED FIFTEENTH CONGRESS ELIJAH E. CUMMINGS, MARYLAND CHAIRMAN RANKING MFNORITY MEMBER (?lungress at the ?lim?teh ?tates 3901132 at i?epre?entatihea ON OVERSIGHT AND GOVERNMENT REFORM 2157 RAYBUHN HOUSE OFFICE BUILDING WASHINGTON, DC 20515?6143 MAJORITY {202) 225?5 074 MINCIHITY (202) 22 5?5051 lilipzi?foversighLhousagov May 22, 2017 The Honorable Jason Chaffetz Chairman Committee on Oversight and Government Reform U.S. House of Representatives Washington, DC. 20515 Dear Mr. Chairman: All of the Democratic Members ofour Committee have been asking you for weeks to issue a subpoena to compel the White House to produce documents that it has been withholding in response to the bipartisan request that you and 1 made on March 22, 2017, relating to former National Security Advisor Michael We need to know what the President, Vice President, White House Counsel, and other top officials knew about General when they knew it. In refusing our requests for a subpoena, you have made the same argument as President Trump?that you believe the White House bears no responsibility for vetting General for the position of National Security Advisor because he received his latest security clearance renewal under the Obama Administration in early 2016. During an interview on national television on April 25, 2017, you stated: ?It was the Obama White House that this would have fallen under. 1 don?t think what happened here is really the fault of Donald Trump.?I Three days later, President Trump took your argument a step further and blamed President Obama personally: When they say we didn?t vet?well, Obama, I guess, didn?t vet, ?cause he was approved at the highest level of security by the Obama Administration. So when he came into our Administration for a short period of time, he came in, he was already approved by the Obama Administration.2 For the Record Greta, (Apr. 25, 2017) (online at 2 The ?rst 100 Days. Fox News (Apr. 28, 2017) (online at 1w). The Honorable Jason Chaffetz, Chairman Page 2 The problem with your argument is that the Oversight Committee has in our possession documents that appear to indicate that General lied to the investigators who interviewed him in 2016 as part of his security clearance renewal. Specifically, the Committee has obtained a Report of Investigation dated March 14, 2016, showing that General told security clearance investigators that he was paid by companies" when he traveled to Moscow in December 2015 to dine at a gala with Russian President Vladimir Putin. The actual source of the funds for General trip was not a US. company, but the Russian media propaganda arm, RT. General submitted his application for a live?year security clearance reinvestigation in January 2016, about one month after he traveled to Moscow. As part of his security clearance renewal process, investigators conducted a ?subject interview? on February 1 l, 2016, and they questioned General about the information he provided on his security clearance application. These investigators issued their Report of Investigation on March 14, 2016, with the results of their interview with General Defense Department officials have con?rmed that the Report of Investigation is not classi?ed, but they have highlighted that it contains information that the Department would not itself disclose publicly because of the Privacy Act. The Privacy Act does not apply to Congress. You made this very clear when you told the FBI during this Committee?s investigation of former Secretary of State Hillary Clinton that ?Congress is exempt from the Privacy Act.?3 Nevertheless, the Report of Investigation does include names and information about other individuals who were interviewed as part of General clearance renewal. At this time, I am releasing publicly only selected portions relating to our Committee?s investigation of General although I reserve the right to release additional information in the future that is probative to our inquiry. In addition, my Staff have been in contact with the Department of Justice about this matter, and I am providing a copy of this letter to the office of Special Counsel Robert Mueller. Claim That He Was Paid By Companies? The Report of Investigation states that General claimed during his interview with security clearance investigators that his 2015 trip to Russia, as well as trips to Japan and Saudi Arabia, were all funded by companies? as pait of General efforts to deveIOp business overseas. The investigators explained that General told them: All trips were funded by US. companies, as they are seeking business in other Countries and requested that HE visit the countries to develop business. [emphasis added] 3 Asks F81, Do You Believe That Congress Does Not Have a Right 2?0 See? CNSNews.com (Sept. 13, 2016) (online at The Honorable Jason Chaffetz, Chairman Page 3 Similarly, General has claimed in press interviews that he was paid by his ?speakers? bureau,? which is located in the United States, asserting that didn?t take any money from Russia, if that?s what you?re asking me.?I General claims directly contradict documents the Committee has obtained showing that RT paid more than $45,000 for General participation in the 2015 gala in Moscow. These funds were transferred from RT, through a London?based bank, to General speakers? bureau in the United States, Leading Authorities Inc., and ultimately to General lynn?s company.5 As one RT official stated in an email: ?We will be covering the payment of General fee.?6 Apart from the RT payment routed through his speakers? bureau, the documents obtained by the Committee also show that RT paid directly for General airfare, lodging at the Metropol Hotel in Red Square, and other expenses for both him and his son. These benefits were not routed through General speakers? bureau. According to the Report of Investigation, General told investigators about his trip to Moscow, but denied receiving any payments or bene?ts from foreign sources: In December of 2015 HE and a family member traveled to Russia Via air transportation for two days. They stayed at the Metro Pol Moscow Hotel. The purpose of the trip was to speak at a conference for the Russian Media. The Report of Investigation also stated: I FL NN stated HE does not own, control or stand to inherit any foreign property or foreign business. HE does not have any foreign business connections or foreign financial interests. HE has not received any benefit from a foreign country. [emphasis added] On January 6, 2017, the National Intelligence Council issued its report detailing Russia?s attack on the United States in an effort to undermine the election. That report described RT as the ?Kremlin?s principal international propaganda outlet.?7 Similarly, on December 1 1, 2012?? while General was serving as the Director of the Defense Intelligence Agency?the Top Trump Adviser Defends Paymentfor Russian Speaking Engagement, Yahoo News (July 18, 2016) (online at 1942.html). 5 Letter from Ranking Member Elijah E. Cummings, House Committee on Oversight and Government Reform, to President Donald J. Trump, Secretary of Defense James Mattis, and Director of Federal Bureau of investigation James Comey (Mar. 16,2017) (online at ?5 Email frorn RT Senior Analyst to Leading Authorities, Inc. (Nov. 13, 2015) (online at National Intelligence Council, Assessing Russian Activities and intentions in Recent US Elections (Jan. 6, 2017) (online at The Honorable Jason Chaffetz, Chairman Page 4 Central Intelligence Agency?s Open Source Center warned that RT was engaged in ?a Kremlin? directed campaign to undermine faith in the US Government and fuel political protest.?8 The Report of Investigation also includes summaries of information provided by General colleagues, associates, and friends. One of General professional colleagues observed that would have professional work relationships with foreign businesses.? However, General did not report any foreign business relationships to security clearance investigators, according to their Report of Investigation. Claim That He Had No Contacts With Foreign Government Of?cials General security clearance form required him to disclose every meeting with a foreign government official. Speci?cally, Question 20B.6 ofthe asked: Have you or any member of your immediate family in the past seven (7) years had any contact with a foreign government, its establishment (such as embassy, consulate, agency, military service, intelligence or security service, etc.) or its representatives, whether inside or outside the [emphasis added] According to the Report of Investigation, during his interview with security clearance investigators, General did not disclose the identities of any foreign government officials with whom he had come into contact: stated HE has no foreign relatives, friends or associates. HE does not have any connections with any foreign government or foreign government of?cials. LYNN stated on all of the trips HE had only insubstantial contact with foreign nationals. It is difficult to understand how General could have believed that his dinner with Russian President Vladimir Putin was an ?insubstantial contact.? Given his trips to Russia and several other countries, General likely had additional contacts with foreign government officials that he failed to disclose. General had a duty to be truthful on his security clearance renewal form and during his interview with security clearance investigators. General attorney has asserted publicly that General briefed Defense Intelligence Agency (DIA) officials both before and after his trip to Moscow and that they were ?fully aware of the trip.?9 According to the Report of 8 Central Intelligence Agency, Open Source Center, Russia?Kremlin ?s TVSee/{s to In?uence Politics, Fuel Discontent in US (Dec. 1 l, 2012). 9 Twitter, @l?obkelner (Apr. 27, 2017) (online at 5654913). The Honorable Jason Chaffetz, Chairman Page 5 Investigation, General did not tell security clearance investigators about any relationships with foreign government officials or foreign businesses. Claims About Fast Work Experience The Report oflnvestigation states that General denied to investigators that he ever had any problems in previous employment positons. According to the Report of Investigation: stated HE has never had any problems at this or any other employment, including no reprimands, forced resignations or terminations. By contrast, there have been multiple press reports detailing how General was forced out of his position as the Director of the Defense Intelligence Agency. 10 Although these accounts explain that General was allowed to submit his formal resignation in 2014, President Trump allowed him to do the same thing when he fired him from his position as National Security Advisor on February 13, 2017.]1 Red Flags About Since His Security Clearance Renewal in 2016 Apart from the claims by you and President Trump that vetting General for the National Security Advisor position was the Obama Administration?s job, the other problem with your argument is that you completely disregard all of the troubling events that occurred (after General received his security clearance renewal in early 2016. For example: 0 I wrote to Vice President-Elect Mike Pence on November 18, 2016, warning the Trump transition team Specifically about serious conflicts of interest with General given public reports Intel Group?s work on behalf of Turkish interests.'2 0 The New York Times reported that General lynn?s attorney informed White House Counsel Donald McGahn and other officials?weeks before the inauguration?that General was under federal investigation for ?secretly working as a paid lobbyist for Turkey during the ?0 See, Head of Pentagon Intelligence Agency Forced Out, O?tctots Say, Washington Post (Apr. 30, 2014) (online at (?Critics said that his management style could be chaotic and that the scope ofhis plans met resistance from both superiors and subordinates?). See also ReportBeing Forced Out. Business Insider (Apr. 30, 2014) (online at Mtcnae/ Ftred Once By Obama, Now Resigns to Trump, Associated Press (Feb. 14, 2017) (Unline at '3 Letter from Ranking Member Elijah E. Cummings, House Committee on Oversight and Government Reform, to Vice President-Elect Mike Pence (Nov. 18, 2017) (online at 17? Tt?zunp Team Knew Was Under Investigation Before He Cattle to Whtte House, New York Times The Honorable Jason Chaffetz, Chairman Page 6 0 White House spokesman Sean Spicer claimed that President Trump knew nothing about General lobbying when he named him National Security Advisor. ?4 0 Vice President Pence told Fox News he did not learn about General work on behalf of Turkish interests until March.13 - McClaiC/ry reported that, in one of his ?rst acts as National Security Advisor, General put a halt to a military plan that Turkey opposed?after he had received more than half a million dollars for representing Turkish interests. 16 0 The New York Times reported that President Trump personally pressured then-FBI Director James Comey to drop the ongoing criminal investigation of General - The President himself admitted during a nationally televised interview on NBC News that he ?red Director Comey because he believed the Bl?s criminal investigation of contacts between his aides and the Russians was illegitimate.18 I The New York Times reported that President Trump openly admitted to the Russians in a meeting in the Oval Of?ce that he ?faced great pressure? from the criminal investigation that was ?taken off? when he fired Director Comey a day earlier.19 I Finally, Yahoo News reported that President Trump and General have remained in contact, and on the same day that you and I held a press conference announcing that we (May 17, 2017) (online at 1? Press Brie?ng by Press Secretary Sean Spicer, The White House (Mar. 9, 2017) (online at (?Qz Was the President aware that Lieutenant General Michael was acting as a foreign agent when he appointed him to be the natiOna] security adviser? MR. SPICER: I don?t believe that that was known?). '5 Special Report wit/7 Bret Boier, Fox News (Mar. 9, 2017) (online at (?Pence: Let me say, hearing that story today was the ?rst I heard of it. And I fully support the decision President Trump made to ask for General resignation. Baier: You?re disappointed by the story. Pence: First I heard of it. And i think it?s an af?rmation ofthe President?s decision to ask Genera] to resign?). ?6 Fiirnn Stopped Pidn Turkey Opposedm?A/ier Being Paid As [is Agent. McClatChy (May 17?, 2017) (online at Si t49647.html). '7 Comey Memo Says Trump risked Him to End iyi-m investigation, New York Times (May 16, 2017) (online at ?3 Trump Inierw?ew Lesier Holt: President Asked Carney if He Was Under Invesrigarion, NBC News (May 1 l, 2017) (online at investigation?1175782l). '9 Trimip To/d Russians 77ml Firing ?Nni Job? Comey Ensed Pressure From investigation. New York Times (May 19, 2017) (online at The Honorable Jason Chaffetz, Chairman Page 7 had con?rmed that he failed to disclose his foreign payments, the President contacted General and urged him ?to stay strong.?20 Renewal of Request to Subpoena to White House Obviously, the White House had its own solemn responsibility to fully vet General before the President appointed him as National Security Advisor and gave him access to our nation?s most highly classi?ed information. Separate and apart from the ongoing investigation by the Special Counsel Mueller into whether crimes were committed, our Committee has direct oversight jurisdiction over the White House and its proper functioning. Although the Committee sent a bipartisan request to obtain information about General the White House is refusing to provide us with any of the documents we requested, including documents relating to: 0 any vetting of General conducted by the transition team or the White House; 0 any communications by the President?s top aides about General contacts with foreign of?cials; 0 why General security clearance was not suspended immediately after Acting Attorney General Sally Yates warned the White House that he was compromised; I the President?s decision to ?re General because he lied to the Vice President about his communications with the Russian Ambassador; and a whether General may have jeopardized national security by inappropriately disclosing information to the Russians. These issues may not necessarily involve criminal activity, but they all relate to our Committee?s core oversight functions. For these reasons, I request once again that you either issue a subpoena to the White House for the documents it is withholding or schedule a business meeting during which Committee Members can vote to issue the subpoena ourselves. Sincerely, Elijah . Ranking Member 10 As Investigators ire/ed Iyrm. He Got a Message ram Stay Strong, Yahoo News (May 8, 2017) (online at l45442727html).