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 Trump Former US ambassador: 'Denmark is not a big fan of Donald Trump and his politics' Senate Democrats push for arms control language in defense policy bill Detroit county sheriff endorses Booker for president 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 Nunes10 declassified Russia collusion revelations that could rock Washington this fall Juan Williams: Trump, his allies and the betrayal of America Trump expected to nominate Texas GOP lawmaker to replace Dan Coats: report MORE (R-Calif.) and House Oversight and Government Reform Committee Chairman Trey GowdyHarold (Trey) Watson GowdyRising star Ratcliffe faces battle to become Trump's intel chief Cummings announces expansion of Oversight panel's White House personal email probe, citing stonewalling Pelosi says it's up to GOP to address sexual assault allegation against Trump 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 StewartMoulton, Stewart pen op-ed backing three-digit suicide prevention hotline FCC proposes new 3-digit suicide prevention hotline number GOP lawmaker's town hall erupts in shouting over mass shootings, Trump 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 Rosenstein10 declassified Russia collusion revelations that could rock Washington this fall Why the presumption of innocence doesn't apply to Trump McCabe sues FBI, DOJ, blames Trump for his firing 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 JordanDemocratic Women's Caucus calls for investigation into Epstein plea deal DOJ releases notes from official Bruce Ohr's Russia probe interviews CNN slams GOP for not appearing on network after mass shootings, conservatives fire back 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 Coats10 declassified Russia collusion revelations that could rock Washington this fall 11 Essential reads you missed this week Trump crosses new line with Omar, Tlaib, Israel move 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) Swan MuellerMueller report fades from political conversation Trump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony 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 McConnellGOP group calls on Republican senators to stand up to McConnell on election security in new ads The Hill's Morning Report - Trump hews to NRA on guns and eyes lower taxes Hobbled NRA shows strength with Trump MORE (R-Ky.) declined to comment on Tuesday about the informant meeting, while Senate Intelligence Committee Chairman Richard BurrRichard Mauze BurrHoekstra emerges as favorite for top intelligence post Trump casts uncertainty over top intelligence role Trump withdraws Ratcliffe as Intelligence pick MORE (R-N.C.) and Vice Chairman Mark WarnerMark Robert WarnerFacebook users in lawsuit say company failed to warn them of known risks before 2018 breach New intel chief inherits host of challenges Overnight Defense: US, Russia tensions grow over nuclear arms | Highlights from Esper's Asia trip | Trump strikes neutral tone on Hong Kong protests | General orders ethics review of special forces 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 SchumerSaagar Enjeti: Biden's latest blunder; Krystal Ball: Did Schumer blow our chance to beat McConnell? Johnson eyes Irish border in Brexit negotiations Lewandowski on potential NH Senate run: If I run, 'I'm going to win' 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 RyanPaul Ryan moving family to Washington Embattled Juul seeks allies in Washington Ex-Parkland students criticize Kellyanne Conway MORE] is allowing it to happen.”

The House Intelligence Committee’s top Democrat, Rep. Adam SchiffAdam Bennett SchiffTrump: Jews who vote Democrat show 'lack of knowledge or great disloyalty' Are Democrats turning Trump-like? Schiff offers bill to make domestic terrorism a federal crime 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.”