Sens. Ron Johnson and Charles Grassley Utilize CU FOIA Records in Letter To DOJ Inspector General Michael Horowitz Demanding Transparency

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April 25, 2023

The Honorable Michael E. Horowitz


Inspector General
Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Dear Inspector General Horowitz:

Citizens United recently obtained and released 460 pages of heavily redacted records it
received in response to a Freedom of Information Act (FOIA) request.1 The Department of
Justice Office of the Inspector General (DOJ OIG) produced these records as a “partial response”
to Citizens United’s FOIA request “seeking interview transcripts . . . generated as a result of
investigative interviews . . . in the course of the [DOJ OIG’s] investigation entitled ‘Review of
Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.’”2
Due to massive redactions applied to the interview transcripts by a number of agencies, including
the DOJ OIG, these records are impossible to review. We write to request the unredacted
version of those records, which we understand include the following transcribed interviews and
notes:

 Kathleen Kavalec; (Jul. 31, 2019 transcript and Jul. 31, 2019 DOJ OIG notes);
 Lisa Page (May 7, 2018 transcript and May 7, 2018 DOJ OIG notes);
 Loretta Lynch (Feb. 26, 2019 transcript and Feb. 26, 2019 DOJ OIG notes); and
 Nellie Ohr (Nov. 1, 2018 transcript and Nov. 1, 2018 DOJ OIG notes).

For years we have examined the FBI’s Crossfire Hurricane investigation as well as the
DOJ OIG’s report on the matter. As Chairman of the Homeland Security and Governmental
Affairs Committee, Senator Johnson held a hearing on December 18, 2019—shortly after the
DOJ OIG released its FISA report—to discuss your office’s findings.3 On the same day, Senator
Johnson released a 12-page timeline providing important context to many of the DOJ OIG’s
report’s key facts based on our ongoing investigation into the FBI’s conduct.4 Notably, the DOJ
OIG report contained FBI official Bill Priestap’s statement that the FBI “didn’t have any

1
Letter from Jacqueline Lightle, Government Information Specialist, Dep’t of Justice, Office of the Inspector
General, to Jeremiah Morgan, Citizens United, Feb. 3, 2023, http://www.citizensunited.org/latest-
updates.aspx?article=13190.
2
Id.
3
S. Comm. On Homeland Sec. and Governmental Aff., DOJ OIG FISA Report: Methodology, Scope, and Findings,
Dec. 18, 2019, https://www hsgac.senate.gov/hearings/doj-oig-fisa-report-methodology-scope-and-findings/.
4
Abbreviated Timeline of Key Events Related to Crossfire Hurricane Investigation, S. Comm. On Homeland Sec.
and Governmental Aff., Dec. 18, 2019, https://www hsgac.senate.gov/wp-
content/uploads/imo/media/doc/abbreviated%20timeline%20horowitz.pdf.
The Honorable Michael E. Horowitz
April 25, 2023
Page 2

indication whatsoever” of Russian influence of the anti-Trump report known as the Steele
dossier.5 Our investigation uncovered redacted footnotes contained in the DOJ OIG’s FISA
report that completely contradicted that statement.6 On December 3, 2020, Senator Johnson held
another hearing examining abuse of executive branch power and used the Crossfire Hurricane
investigation as a case study.7 Concurrently, we released a 31-page timeline on Crossfire
Hurricane incorporating even more facts that we uncovered throughout our oversight.8

The records contained in the DOJ OIG’s February 3, 2023, FOIA production to Citizens
United directly relate to our ongoing efforts to expose corruption within the FBI. It is also our
job to oversee OIGs to ensure the efficiency and effectiveness of operations. Therefore, we
respectfully request that you produce the unredacted version of those records and provide the
following information by no later than May 9, 2023:

1. We understand that the DOJ OIG “conducted over 170 interviews involving more than
100 witnesses” related to DOJ OIG’s report on Crossfire Hurricane.9

a. How many of those 170 interviews were transcribed?

b. Were interviews conducted that were not transcribed? If so, please explain why
and provide a list of those interviews.

2. In preparation for its response to the FOIA request mentioned above, please list the
agencies or entities that DOJ OIG shared the records with in connection to the FOIA
request.

3. Has Special Counsel John Durham requested records or transcripts from the DOJ OIG?
If so, has the DOJ OIG complied with Mr. Durham’s requests? Please explain in detail.

5
U.S. DEP’T OF JUSTICE, OFFICE OF THE INSPECTOR GEN., REVIEW OF FOUR FISA APPLICATIONS
AND OTHER ASPECTS OF THE FBI’S CROSSFIRE HURRICANE INVESTIGATION 194 (2019),
https://www.justice.gov/storage/120919-examination.pdf [hereinafter IG Report].
6
Press Release, FBI Ignored Early Warnings That Debunked Anti-Trump Dossier Was Russian Disinformation,
Sen. Ron Johnson, Chairman, S. Comm. On Homeland Sec. and Governmental Aff., and Sen. Charles Grassley,
Chairman, S. Comm. on Fin., Apr. 10, 2020, https://www.grassley.senate.gov/news/news-releases/fbi-ignored-early-
warnings-debunked-anti-trump-dossier-was-russian-disinformation.
7
S. Comm. On Homeland Sec. and Governmental Aff., Congressional Oversight in the Face of Executive Branch
and Media Suppression: The Case Study of Crossfire Hurricane, Dec. 3, 2020,
https://www hsgac.senate.gov/hearings/congressional-oversight-in-the-face-of-executive-branch-and-media-
suppression-the-case-study-of-crossfire-hurricane/.
8
Timeline of Key Events Related to Crossfire Hurricane Investigation, Sen. Ron Johnson, Chairman, S. Comm. On
Homeland Sec. and Governmental Aff., and Sen. Charles Grassley, Chairman, S. Comm. on Fin., Dec. 3, 2020,
https://www.grassley.senate.gov/imo/media/doc/CFH%20Timeline%20w%20Updates%2020201203%20(FINAL).p
df.
9
IG Report at 11.
The Honorable Michael E. Horowitz
April 25, 2023
Page 3

Sincerely,

Ron Johnson Charles E. Grassley


Ranking Member Ranking Member
Permanent Subcommittee on Investigations Committee on the Budget

cc: The Honorable Richard Blumenthal


Chairman
Permanent Subcommittee on Investigations

The Honorable Sheldon Whitehouse


Chairman
Committee on the Budget

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