US. Department of Justice

Of?ce of Legislative Affairs

 

 

Of?ce of the Assistant Attorney General . Washington, D. C. 20530
June 10, 2019

The Honorable Jerrold Nadler
Chairman
Committee on the Judiciary

US. House of Representatives
Washington, DC 20515

Re: DOJ Review of Intelligence Activities

 

Dear Chairman Nadler:

This letter responds to your request for information relating to a review currently being
conducted by the US. Department of Justice (Department) into certain activities involving the
campaigns in the 2016 US. presidential election and certain related matters (Review). The
Review is broad in scope and multifaceted, and is intended to illuminate open questions
regarding the activities of US. and foreign intelligence services as well as non-governmental
organizations and individuals.

It is now well established that, in 2016, the US. government and others undertook certain
intelligence?gathering and investigative steps directed at persons associated with the Trump
Campaign. As the Attorney General has stated publicly at congressional hearings and elsewhere,
there remain open questions relating to the origins of this counter-intelligence investigation and
the US. and foreign intelligence activities that took place prior to and during that investigation.
The purpose of the Review is to more fully understand the ef?cacy and propriety of those steps
and to answer, to the satisfaction of the Attorney General, those open questions. Among other
things, the Review will seek to determine whether the investigation complied with applicable
policies and laws. Accordingly, the Attorney General has directed that a team (Review Team)
led by John Durham, the United States Attorney for the District of Connecticut, conduct the
Review in order to better understand the activities leading up to and and relating to the counter-
intelligence investigation.

On May 24, 2019, the President issued a memorandum concerning the Review, which
directed that ?[t]he heads of elements of the intelligence community . . . and the heads of each
department or agency that includes an element of the intelligence community shall 
provide such assistance and information as the Attorney General may request in connection with

The Honorable Jerrold Nadler
Page Two

that review.? As the Attorney General has stated publicly, he has consulted and is working in
close coordination with other members of the U.S. intelligence community in conducting the
Review. The Review is thus a collaborative, ongoing effort between the Department?s Review
Team and the intelligence community as well as certain foreign actors.

In furtherance of the Review, and to ensure that it proceeds in an ef?cient and effective
manner, the Review Team has requested that certain intelligence community agencies: (1)
preserve all relevant records, (2) ensure the availability of witnesses that may be pertinent to the
Review, and (3) begin identifying and assembling materials that may be relevant to the Review,
consistent with the President?s memorandum and federal law. These requests inevitably relate to
sensitive information in the possession of the intelligence community. While the Attorney
General has been granted the authority to declassify information in connection with the Review,
it is of great importance to the Department to protect classi?ed information by preventing the
unwarranted disclosure of sensitive sources, methods, techniques and materials where such
disclosure would endanger the personal safety of U.S. government employees or friendly foreign
partners, harm U.S. national security interests, or compromise the ability of U.S. government
agencies to conduct their important work to protect the American people. The Attorney General
greatly appreciates the work of the women and men serving in the U.S. intelligence community
in carrying out their mission, as well as the assistance that our foreign intelligence partners often
provide, and has therefore directed the Review Team to work closely with the intelligence
community to ensure that national security equities of the U.S. and its foreign intelligence
partners are adequately protected in the course of the Review.

During the Review, Mr. Durham will continue to serve as U.S. Attorney for the District
of The Review is being conducted primarily in the Washington, DC. area by Mr.
Durham and a number of U.S. Attorney?s Of?ce personnel and other Department employees.
The Department has made existing of?ce space in Washington available for this work. Mr.
Durham?s Review will be funded out of the U.S. Attorneys Salaries and Expenses appropriation.

The Attorney General looks forward to obtaining a better understanding of the critical
period leading up to the 2016 presidential election, which to date has not fully been examined.
As the U.S. approaches another election season, it would be most prudent to timely draw upon
the lessons learned ?om our recent history, and to apply them responsibly and effectively to
protect the interests of the American people, within the bounds of sound judgment and the rule of
law. We appreciate your support to that end.

The Honorable Jerrold Nadler
Page Three

Please do not hesitate to contact this of?ce if you have any additional questions or
concerns.

mee 1y,

en E. Boyd
Assistant Attorney General

cc: The Honorable Doug Collins
Ranking Member