Conservatives leery of FBI deal on informant

Conservatives leery of FBI deal on informant
© Greg Nash

Republicans on Capitol Hill are wary of a deal struck by President TrumpDonald John TrumpEx-ethics chief calls on Trump to end 'monstrous' migrant policies Laura Bush blasts Trump migrant policy as 'cruel' and 'immoral' US denies report of coalition airstrike on Syria MORE that allows for unspecified access to documents related to the FBI’s counterintelligence investigation of the Trump campaign.

The Department of Justice (DOJ) appeared to stave off a crisis on Monday by agreeing to allow lawmakers “to review highly classified and other information they have requested” about an informant who had contacts with the campaign — but the precise terms of that access have yet to be negotiated.

House Intelligence Committee Chairman Devin NunesDevin Gerald NunesSchiff: ‘Deeply disturbing’ that FBI gave Nunes confidential info on Clinton's emails Gowdy: House will use 'full arsenal' of constitutional weapons to get DOJ, FBI compliance on subpoenas Mueller warns of Russian midterm attack, while Trump attacks Mueller MORE (R-Calif.) and House Oversight and Government Reform Committee Chairman Trey GowdyHarold (Trey) Watson GowdyGowdy: House will use 'full arsenal' of constitutional weapons to get DOJ, FBI compliance on subpoenas Gowdy: IG report ‘certainly helps’ Trump Sunday Shows preview: Lawmakers, Trump allies discuss Russia probe, migrant family separation MORE (R-S.C.) will meet Thursday with senior Justice Department, FBI and intelligence officials to hash out the details, according to White House press secretary Sarah Huckabee Sanders.

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But some Intelligence Committee lawmakers warned Tuesday that they believe the DOJ will only offer to brief them on the materials under subpoena by Nunes, an outcome nearly certain to infuriate conservative allies of the president.


“There’s a lot of confusion about this,” said Rep. Chris StewartChristopher (Chris) Douglas StewartUtah’s leaders try to control Endangered Species Act, take lazy way on traffic planning Koch-backed group to target some Republicans over spending vote in new ad campaign Conservatives leery of FBI deal on informant MORE (R-Utah), an ally of Nunes who also sits on the Intelligence panel. “[We] don’t want to be briefed on the documents, we want to see the documents.”

The White House on Tuesday deferred questions on the terms of access to the Justice Department, which declined to comment.

At the center of the gathering storm is Deputy Attorney General Rod RosensteinRod Jay RosensteinGowdy: House will use 'full arsenal' of constitutional weapons to get DOJ, FBI compliance on subpoenas Bannon says Trump should fire Rosenstein if he doesn’t comply with subpoenas James Comey's higher disloyalty to America MORE, whose handling of the demands has drawn fire from all sides. 

Critics of the GOP push for information have warned that by ceding any access to the documents at all, Rosenstein is setting a dangerous precedent for political meddling in open investigations.

The House conservatives seeking access to the files, meanwhile, say Rosenstein hasn’t done nearly enough to comply with their requests.

“The proof is in the pudding,” Rep. Jim JordanJames (Jim) Daniel JordanAnti-Trump Republicans better look out — voters might send you packing Trump immigration comments spark chaos in GOP Key conservative presses for shield law after seizure of NYT reporter’s records MORE (R-Ohio) said when asked if he was satisfied by the deal. “I’m not holding my breath — this is like the little boy who cried wolf.”

Stewart told The Hill that he “doesn’t trust” the Justice Department to merely brief lawmakers on the documents. 

“To say [Rosenstein] is going to soft-roll this is a gracious understatement,” he said.

The agreement was the product of an extraordinary meeting at the White House on Monday between Trump, Rosenstein, FBI Director Christopher Wray and Director of National Intelligence Dan CoatsDaniel (Dan) Ray CoatsGOP senator places hold on Trump counterintelligence nominee Civil liberties groups press Trump administration on NSA call record collection Trump’s ‘Syraqistan’ strategy is a success — and a failure MORE. Rosenstein and Wray have both pushed back on lawmakers’ demands, arguing that giving them the information they seek would cross a red line in intelligence by exposing a clandestine source.

But the president has backed Nunes, whom he praised on Monday as “courageous.”

Trump’s allies have seized on the revelation of the informant as evidence that the FBI was trying to entrap the Trump campaign, something they say shows that the investigation should be shut down.

The FBI commonly uses confidential informants in counterintelligence investigations. There is no public evidence of wrongdoing by either the informant or the bureau. 

Rosenstein — who is overseeing the federal investigation into the Trump campaign and Russia’s meddling in the 2016 presidential election — has walked a tightrope between shielding information the DOJ says could damage national security and trying meet the president’s public demands for an investigation into the bureau’s conduct.

“If anyone did infiltrate or surveil participants in a presidential campaign for inappropriate purposes, we need to know about it and take appropriate action,” Rosenstein said Sunday, announcing that he was referring the matter to the department’s inspector general.  

Critics see Nunes’s investigation into alleged surveillance abuses within the FBI as a transparent effort to undermine special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE, perhaps by giving Trump reasons to fire him or fire Rosenstein.

Members of the Senate — including Republicans — have mostly stayed out of the fray. Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellCongress had a good couple of weeks — now let's keep it going McCarthy: 'The Mueller investigation has got to stop' McConnell: Mueller 'ought to wrap it up' MORE (R-Ky.) declined to comment on Tuesday about the informant meeting, while Senate Intelligence Committee Chairman Richard BurrRichard Mauze BurrFormer Senate intel aide indicted for perjury makes first court appearance The Hill's Morning Report — Sponsored by PhRMA — Washington's week of 'we'll see' Former Senate Intel aide indicted in DOJ leak case MORE (R-N.C.) and Vice Chairman Mark WarnerMark Robert WarnerWray defends FBI after 'sobering' watchdog report Top Dems: IG report shows Comey's actions helped Trump win election Dem senator: Trump at G-7 made me ‘embarrassed for our country’ MORE (D-Va.) reportedly turned down a briefing on the matter.

The announcement of the Thursday meeting sets up another bout in the ongoing confrontation between House conservatives and the Justice Department.

Although White House chief of staff John KellyJohn Francis KellyMORE arranged the meeting about the informant, he will not attend. Wray, Rosenstein, Coats and another senior Justice Department official, Ed O’Callaghan, will be present.

No Democrats have been invited, sparking outrage in both chambers.

“The only thing more outrageous than this meeting occurring at all is the fact that it’s now partisan,” Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerTrump knocks Schumer, touts North Korea summit in early morning tweet Overnight Health Care — Sponsored by PCMA — Dems want answers on DOJ ObamaCare decision The Hill's 12:30 Report — Trump, Kim make history with summit MORE (D-N.Y.) said in a statement. “It is crystal clear that Chairman Nunes’ intent is to interfere with the investigation, and [House Speaker Paul RyanPaul Davis RyanWhite House faces growing outcry over migrant family policies John Legend slams Paul Ryan for Father's Day tweet, demands end to family separation Trump faces Father’s Day pleas to end separations of migrant families MORE] is allowing it to happen.”

The House Intelligence Committee’s top Democrat, Rep. Adam SchiffAdam Bennett SchiffWhite House faces growing outcry over migrant family policies Schiff: ‘Deeply disturbing’ that FBI gave Nunes confidential info on Clinton's emails Schiff: White House using migrant kids’ grief and tears to build border wall MORE (Calif.) said that he has a “standing request” with the DOJ to be briefed on the same materials as his GOP counterparts. 

The Justice Department, he said, has told him that Nunes has refused to receive briefings together. 

Speaking to reporters, Schiff appeared to expect that he would still receive a separate, identical briefing from the DOJ, as he has in the past with Nunes-driven requests. 

Schiff said the officials he has reached out to at the DOJ, FBI and the Office of the Director of National Intelligence “haven’t been themselves debriefed by the principals” about the Monday meeting.

“I think they are also at a loss for exactly what’s going on,” Schiff said. “It’s unclear if this is a meeting about a meeting or a meeting in which they’re actually going to provide information.”