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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 TrumpFranklin Graham says Trump comeback would 'be a very tough thing to do' Man suspected in wife's disappearance accused of casting her ballot for Trump Stefanik: Cheney is 'looking backwards' 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 NunesSunday shows preview: House GOP removes Cheney from leadership position; CDC issues new guidance for fully vaccinated Americans Stefanik shake-up jump-starts early jockeying for committee posts McCarthy unveils House GOP task forces, chairs MORE (R-Calif.) and House Oversight and Government Reform Committee Chairman Trey GowdyTrey GowdyFox News signs Trey Gowdy, Dan Bongino for new shows Pompeo rebukes Biden's new foreign policy The Hunter Biden problem won't go away 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 StewartChris StewartEPA administrator: We don't plan to return 'verbatim' to Obama-era water regulation On management of Utah public lands, Biden should pursue an accountable legislative process Georgia AG rejects prosecutor's request for Rayshard Brooks case to be reassigned 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 RosensteinProtect the police or the First Amendment? Rosenstein: Zero tolerance immigration policy 'never should have been proposed or implemented' Comey argues Trump shouldn't be prosecuted after leaving Oval Office 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 JordanSunday shows preview: House GOP removes Cheney from leadership position; CDC issues new guidance for fully vaccinated Americans GOP votes to replace Cheney with Stefanik after backing from Trump Roy to challenge Stefanik for Cheney's old position 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 CoatsWill the real Lee Hamiltons and Olympia Snowes please stand up? Experts see 'unprecedented' increase in hackers targeting electric grid Intel heads to resume worldwide threats hearing scrapped under Trump 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 (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel 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 McConnellBipartisanship has become a partisan weapon Washington showing signs of normalcy after year of restrictions Former OMB pick Neera Tanden to serve as senior adviser to Biden MORE (R-Ky.) declined to comment on Tuesday about the informant meeting, while Senate Intelligence Committee Chairman Richard BurrRichard Mauze BurrRomney: Capitol riot was 'an insurrection against the Constitution' GOP senator urges Biden to withdraw support for COVID vaccine patent waiver Utah county GOP censures Romney over Trump impeachment vote MORE (R-N.C.) and Vice Chairman Mark WarnerMark Robert WarnerWarner: Hack-reporting law 'one of the few areas left where there's broad bipartisan support' Biden signs executive order to improve federal cybersecurity Overnight Defense: Former Pentagon chief to testify about Capitol riot Wednesday | Senate Intelligence chairman wants Biden to review US Space Command move 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 SchumerChuck SchumerBiden 'encouraged' by meeting with congressional leaders on infrastructure Republicans welcome the chance to work with Democrats on a bipartisan infrastructure bill Cheney sideshow distracts from important battle over Democrats' partisan voting bill 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 RyanBiden's relationship with top House Republican is frosty The Hill's Morning Report - Presented by Emergent BioSolutions - Facebook upholds Trump ban; GOP leaders back Stefanik to replace Cheney Budowsky: Liz Cheney vs. conservatives in name only MORE] is allowing it to happen.”

The House Intelligence Committee’s top Democrat, Rep. Adam SchiffAdam Bennett SchiffSunday shows - Cheney removal, CDC guidance reverberate Schiff: Biden administration needs to 'push harder' to stop violence in Mideast Sunday shows preview: House GOP removes Cheney from leadership position; CDC issues new guidance for fully vaccinated Americans 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.”