Counterintelligence Accountability Act Introduced

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by: Elise Stefanik (R-NY, 21st)

Washington, D.C. - April 18, 2019 - (The Ponder News) -- Congresswoman Elise Stefanik introduced a bill this week that would require the FBI to notify the House and Senate Intelligence Committee when the Bureau opens a counterintelligence investigation into a candidate for Federal office, campaign for a candidate for Federal office, or an individual knowingly associated with a campaign for a candidate for Federal office.

This comes after Congresswoman Stefanik’s questioning of then-FBI Director James Comey at a HPSCI hearing in 2017, where he revealed that he did not follow the proper protocol of notifying Congress about opening a counterintelligence investigation into the Trump campaign in 2016. That questioning can be found here.

“Despite informal protocols followed in the past, James Comey failed to notify Congress about his investigation into the Trump Presidential campaign,” said Congresswoman Stefanik. “This loophole in the law allows the FBI to circumvent Congress and unilaterally conduct investigations without any congressional oversight. My bill will ensure that the right congressional overseers are informed of sensitive counterintelligence investigations into campaigns for Federal office, and I’m proud to lead this effort for transparency.”

Each Republican on the House Intelligence Committee is a cosponsor of this bill. Click here for a write-up on the bill from the Federalist.

Castro Statement on Cohen Guilty Plea

Washington, D.C. - November 29, 2018 - (The Ponder News) -- Congressman Joaquin Castro (D-TX, 20th), a member of the House Foreign Affairs Committee and House Permanent Select Committee on Intelligence, and First Vice Chair of the Congressional Hispanic Caucus, today released the following statement:

“Today’s guilty plea from Michael Cohen for lying to Congress about Moscow Trump Tower shows that his plea arrangement struck in August has indeed turned into cooperation. This news comes on top of Paul Manafort, former Trump Campaign Chairman, being caught lying to federal prosecutors as well as Roger Stone’s key tipster Jerome Corsi also admitting to lying to Congress. Altogether, these developments demonstrate the great lengths Trump allies were willing to go to protect the President.

“It’s critical we bring back Michael Cohen, and others who have potentially lied like Roger Stone before the Committee, in addition to accelerating the pace for Republican colleagues to release transcripts from our interviews. The House Intelligence Committee must also zero-in on whether the Russians have any financial leverage over President Trump, and we must build pressure across the board for Acting Attorney General Matthew Whitaker to recuse himself from this investigation immediately.

“In just one week, we’ve see Michael Cohen plead guilty to lying to Congress, Jerome Corsi publically admit to lying to Congress, Paul Manafort caught for lying to Mueller, reports that Roger Stone and Julian Assange may have met right before a Wikileaks dump, the President provide written statements on the July 2016 Trump Tower meeting and Roger Stone’s Wikileaks knowledge, and Mueller zeroing in on late-night phone calls between Roger Stone and the President. Now more than ever, we need to protect Mueller from any potential firing. I urge House and Senate Republican leaders to bring legislation to protect Mueller to the floor immediately. We shouldn’t have to wait until January for Congress to protect U.S. national security, our democracy, and the rule of law.”

Congressman Biggs' Statement on the Presidential Transition Team's Right to Privacy

By Andy Biggs (R-AZ, 5th)



Washington, D.C. - December 21, 2017 - (The Ponder News) -- Recently, we learned that the General Service Administration (GSA) inappropriately, and potentially illegally, released tens of thousands of private documents from Donald Trump’s Presidential Transition Team (PTT) to Special Counsel Robert Mueller. Current law considers records produced by the PTT as private and they are afforded Fourth Amendment protections. These documents are not government property, and the GSA does not have the authority to release any of these records without due process.

In August, Special Counsel Mueller requested that GSA release copies of the emails, laptops, cell phones, and other materials associated with 13 PTT members responsible for national security and policy matters. Contrary to legal precedent and prior direction from the GSA General Counsel, his Deputy General Counsel turned over mountains of private communications to Mueller. He did so without notifying the PTT or redacting any private, privileged information. Congressman Andy Biggs released the following statement –

“The GSA’s distribution of unredacted and private records is a clear violation of the Fourth Amendment. It appears that the request and acquiescence by the GSA Deputy General Counsel was done to fuel Special Counsel Mueller’s overly broad investigation. The Presidential Transition Act of 1963 ensures that transition teams receive the right to privacy and I will introduce legislation to strengthen these rights, if necessary. I will also be sending letters to the General Services Administration and Special Counsel Mueller for clarification as to the basis of the request and transfer of these privileged documents.”


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Grassley Seeks Clarity on Justice Dept.’s Response to Political Texts

By Senator Chuck Grassley - (R - IA)

Washington, D.C. - December 18, 2017  (The Ponder News) -- Senate Judiciary Committee Chairman Chuck Grassley sought additional background on text messages exchanged between two senior FBI employees and records of their communications with the current FBI Deputy Director.  One of the employees, Peter Strzok, played a critical role in the FBI’s investigation into former Secretary of State Hillary Clinton’s use of a private email server for official business and mishandling of classified information.  He also appears to be involved in helping to launch the FBI’s investigation into potential collusion between the Trump campaign and the Kremlin during the 2016 presidential election.

The text messages provided to Congressional investigators on the eve of testimony by Deputy Attorney General Rod Rosenstein, who is overseeing the special counsel’s investigation, appear to indicate that some officials took actions beyond expressing their political opinions.  One message by Strzok apparently referenced a discussion in the current deputy director’s office about the chances that candidate Donald Trump could be elected, saying “I’m afraid we can’t take that risk” and making a comparison to the need for an insurance policy. Another missive referenced a second phone used to “talk about hillary because it can’t be traced.”

In a letter Wednesday to Rosenstein, Grassley is seeking additional information, including when and how the department became aware of the politically-charged messages, and what steps are being taken to fully review the activities referenced in the messages and take any necessary disciplinary measures.

In October, Grassley sought an interview with Strzok as a part of his ongoing investigation into improper political influence or bias in the Justice Department or FBI. Grassley called on the FBI to turn over any documents related to Strzok’s work and communications following reports of the political messages.

Full text of the letter along with the press release can be found here

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King Confronts FBI Director Over “Curiosities” of Clinton E-mail Investigation

Washington, D.C. - December 9, 2017  (The Ponder News) -- Congressman Steve King released the following video of his questioning of Federal Bureau of Investigation Director Christopher Wray during a Judiciary Committee oversight hearing. King used his time to question Director Wray over “curiosities” related to the manner in which the FBI, under the Obama-era leadership of admitted political leaker James Comey, handled the criminal case involving the mishandling of classified information by former Secretary of State and Democratic nominee for President, Hillary Clinton.

Among the “curiosities” cited by King are: the apparent failures of the FBI to take or preserve notes and/or transcripts, or to record audio or video during their questioning of Mrs. Clinton; the use of an “intent” standard that does not exist in the statute to justify Comey’s decision to let Mrs. Clinton escape prosecution; and Comey’s strange determination that “extreme carelessness”, a standard for which he admits he has evidence of Mrs. Clinton’s guilt, is somehow different than the synonymous “gross negligence” standard that appears in the statute.

Interestingly, in his responses to King, Director Wray admitted that it does not appear standard protocol was followed in the Clinton investigation, and that the statutory “gross negligence” standard is, as King contends, synonymous with a standard of “extreme carelessness.” As such, Mrs. Clinton met the standard for prosecution.

Full Video is available at this link.

Background:

18 USC 793 is the federal statute that governs the mishandling of classified information, and it is the applicable statute governing Hillary Clinton’s mishandling of classified emails on her private server. Before granting Clinton a “get of jail free card,” former FBI Director James Comey stated:

“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent.”

As written, 18 USC 793 does not contain a specific “intent” requirement. The applicable standard provided for in statute is that the accused acted with “gross negligence,” a standard Hillary Clinton certainly met based on the existing public evidence, and a standard that appears to be synonymous with the “extreme carelessness” standard Comey has admitted he found prior to absolving Mrs. Clinton.

Claims of an “intent requirement” allowing the previous administration to avoid prosecuting Hillary Clinton criminally appear to be a political invention of former President Obama. After President Obama defended Clinton publically in October of 2015 and April of 2016 by specifically citing Clinton’s supposed “intent,” it appears the Obama-era FBI applied the non-existent standard promoted by the President to their consideration of the Clinton case.

18 USC 793 (f) reads as follows:

“18 USC 793 (f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—Shall be fined under this title or imprisoned not more than ten years, or both.”

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