Id like to call this hearing to order. Id like to welcome our witness today, john demeares, president trumps nominee to be the next assistant attorney general for National Security at the United States department of justice. John, congratulations on your nomination. Mr. Burr id like to start by roigs the family that youve brought here with you. I understand your wife is here, as well as your children, elizabeth and matthew. Your sister also. In a statement for the record, john speaks strongly about the support each of you have provided him over the years. I know from personal experience just how important a supportive family is and to each of you, i thank you for the sacrifices you make. Our goal in conducting this hearing is to enable the committee to consider the nom nation nominees qualifications and to allow for thoughtful deliberation by committee members. Mr. Determines has provided demers has provided substantive written responses to over 30 questions submitted by the committee and today. Of course members will be able to ask additional questions and hear from him personally in open session. Mr. Demers is a graduate from the college of holy cross in harvard law school. Served as a clerk of the United States court of appeals for the ninth circuit court. And then for the late honorable justice, antonin scalia. Mr. Demers served in the department of justice National Security division as Deputy Assistant attorney general, are we also served as senior counsel to the assistant attorney general. While at the d. O. J. s National Security division, mr. Demers additionally completed a detailed as counsel to the Deputy Attorney general. Following his tenure at d. O. J. , john joined the boeing company, are we served as Vice President for international affairs, the Vice President and assistant general counsel for global law affairs, the chief counsel fournettework and Space Systems and currently as the Vice President and assistant general counsel for regulatory and government law. Johns also currently an adjunct professor at Georgetown University law certainty. John, youre being asked to lead the justice Departments Division responsible for our National Security related investigations during a period of significant debate about what authorities and tools are lawful and appropriate. As you know the committee recently reported out a bill that would renew fisas title seven authorities for eight years with additional privacy productions fosh protections for u. S. Persons. Im hopeful that this bill will pass the senate and ultimately be signed into law as it provides the department and the Intelligence Community the needed tools and authorities. Im also hopeful moving forward youll be in an influential youll be an influential and forceful advocate for those foreign intelligence tools you believe are necessary to keep citizens safe, like section 702. As i mentioned others during their nomination hearing, i can assure you that this committee will faithfully follow its charter and conduct vigorous and realtime oversight over the Intelligence Community, its operations and its activities. We will ask difficult and probing questions of you and your staff and whether he expect honest, complete and timely responses. Youve already successfully negotiated one hurdle, having been favorably reported out of the Senate Judiciary committee 200 on october 19, 2017. I look forward to supporting your nomination and ensuring its consideration without delay. I want to again thank you for being here. I would notify members that were under a fairly tight time frame. So its my intention to move this nominee as quickly as we possibly can. With that, i now recognize the vice chairman. Thank you, mr. Chairman. Welcome, mr. Demers. Congratulations on your nomination to serve as assistant attorney general for National Security at d. O. J. I have reviewed your statement, questions for the record, and testimony before the Senate Judiciary committee, on october 4. I appreciate your candor and forthright responses to the question. Mr. Warner i also appreciate the broad. A bipartisan support youve got from dodge officials in terms of d. O. J. Officials in terms of your nomination. If confirmed as assistant attorney general for National Security, you will lead an organization that was established after 9 11 to ensure that our counterterrorism, intelligence and counterintelligence activities are properly and sufficiently coordinated across both Law Enforcement and intelligence communities. As youre aware, another Critical Role of this position is to shepherd the departments review and approval of requests to the fisa courts for surveillance activities, including section 702, as the chairman just mentioned. We had a very productive session on 702 last is last week. And last week the committee supported a bipartisan bill to reauthorize 702 that seeks to maintain its operational capacities. While increasing the privacy and civil liberty protections of u. S. Citizens. This includes strengthening judicial and congressional oversight of the governments queries of lawfully collected u. S. Persons data. Ill be interested in your comments on the 702 program. In particular, ill be listening closely to your responses, to be assured that you recognize the need to conduct reviews in a manner that protects these privacy concerns. In your written responses to the committee and to the Judiciary Committee, you wrote, quote, that your loyalties lie with the constitutional laws of the United States, unquote. And you would tell the president and attorney general no if asked to perform any task that was contrary to the constitution or laws of the United States. I very much appreciate these words and let me assure you, well try hold it you to them. I would also like to hear your commitment that you will always seek to provide unbiased, unvarnished and timely responses to the president , his cabinet, his advisors and the congress. Facts are facts. And i expect you to be truthful to them while service to this nation. Youre also aware that this committee is conducting an investigation into russian interference in the 2016 president ial election. This morning, and i will ask you during the questionanswer session, i want to hear your assurance that you will fully cooperate with this review and provide this committee with all the information requested in a timely fashion. I will ask you that you faithfully inform this committee if you become aware of additional relevant information in the course of your duties, if youre confirmed. I believe yesterdays indictment of president Trumps Campaign manager and Deputy Campaign manager, but his special counsel and the guilty plea by Campaign Advisor george pop diop louis is further evidence that these investigations are serious and that this country needs to hold accountable any of those two do a disservice to our nation. This investigation, let me make clear, is not about relitigating the election or playing gotcha with the president. Its about following the facts where they lead and ensuring the sanctity of our democratic principles through free and fair elections, untarnished by foreign interference. Again, congratulations on your nomination. I look forward to this mornings discussion. Thank you, mr. Chairman. Mr. Burr thank you. Mr. Demers, will you please stand. Raise your right hand. Do you solemnly swear to tell the truth, the full truth and nothing but the truth, so help you god. Mr. Demers do. Mr. Burr please be seated. Before we move to your statement, ill ask you to answer five standard questions the committee poses to each nominee who appears before us. They just rare simple yes or no answer. Do you agree to appear before the committee here or in any other venues when invited . Mr. Demers yes. Mr. Burr if confirmed do you agree to send officials from your office to appear before the committee and designated staff when invited . Mr. Demers yes. Mr. Burr do you agree to provide documents or any other materials requested by the committee in order to carry out its oversight and legislative responsibilities . Mr. Demers yes. Mr. Burr will you both ensure that your office and your staff provide such materials to the committee when requested . Bob yes. Mr. Burr do you mr. Demers yes. Mr. Burr do you agree to fully brief all members of the committee of the intelligence activities and covert action rather than only the chairman and the vice chairman . Mr. Demers yes. Mr. Burr thank you very much. Well now proceed to opening statements, after which ill recognize members by seniority for five minutes and i would once again remind members that pursuant to Senate Resolution 400, the Committee Received this nomination on referral from the Judiciary Committee and we have 20 calendar days within which to report this nominee to the full senate. Its my intention to move to this as quickly as we can in a business session. With that, mr. Demers, the floor is yours. Mr. Demers great. Thank you very much. Chairman burr, vice chairman warner and distinguished members of this committee. Thank you for the opportunity to appear before you here today and for considering my nomination. During my last time at the National Security division, i worked closely with this committee to draft and negotiate the fisa amendments act of 2008. Should i be confirmed, i hope that this hearing will be only the beginning of working with you again on issues critical to the nations security. Issues best addressed when the congress and the executive work constructively together. Public service is never an individual endeavor and id like to thank my wife, cindy and children, lizzy and matthew, who are here behind me and have graciously fwreed to join me on this next chapter. Their love and the fun we have together provide me always with a focus and sense of calm i think will be needed. Id also like to thank my parents, whose example and encouragement have inspired me to be here today. My sisterinlaw and friend, sue, is here as well and im grateful to her and to the other Close Friends and colleagues here and watching remotely for their love and support. And because i come from a family of teachers, i would do well to thank all the teachers i have had along the way. I owe them more than they and i will ever know. Im grateful for and humbled by this opportunity to return to the department of justice. And to the National Security division. Protecting the National Security is at the highest priority of the department and the National Security division is at the forefront of these efforts. Although the thinking behind the division may seem obvious now, those of who you have worked these issues since before september 11 know that the reorganization that created the division was revolutionary. It brought together the lawyers prosecuting terrorism and espionage offenses with those working on intelligence investigations. And then created a strong link between the department and the Intelligence Community. More broadly, it recognized the effectiveness of this combination of Law Enforcement and intelligence efforts, in combating a variety of threats ness he danger and needless of drawing lines between criminal and intelligence investigations. Since that time, the capabilities and the mission of the division have broadened to confront new manifestations of old threats. The women and men of the division have worked tirelessly with the Intelligence Community and the other parts of government to help guard our security, regardless of whether the threats come on airplanes or over the internet. The dedicated lawyers and professionals of the division understand that without this security, the promise of liberty and try enshrined in our founding documents would be an empty one. They also understand that without liberty, security ises into purpose. And they recognize that the guaranteor of both is the rule of law. Having worked with many in the division, and followed the Division Since i left, i know this firsthand and would consider it an honor to return to serve with them. Critical to our security and our liberty are the statutory and other authorities that the investigators and prosecutors use every day. I look forward to working together with you and your colleagues to ensure that the Intelligence Community and prosecutors have the tools they need and that these tools keep up with changes in technology and the threats that face us. I also understand that the only way to keep the confidence of the American People in these tools is to use them lawfully and wisely. Thus i look forward to furthering the oversight function of the division and supporting the proper oversight conducted by the congress and the foreign Intelligence Surveillance court. The threats we face are real. The objectives of our adversaries are plain. To weaken our culture, our democracy, our values, our economy, and our resolve to lead. Indeed, to undermine the very idea of america. I appreciate that you have always taken these threats seriously. I look forward to working with you to ensure that this country continues to thrive and that all americans enjoy both liberty and security under the rule of law. Thank you again for the opportunity to be here today. I look forward to answering your questions. Mr. Burr thank you very much. Ill recognize members based upon seniority for up to five minutes. The chair would recognize himself first. Mr. Demers, leaks of classified information are deplorable and put sensitive sources and methods at great risk. Im increasingly alarmed at the number of individuals who feel they can safely disclose classified details to the press under the cloak of annumberity which seems to be the most common last name in america today. How do you plan to proceed with investigations and prosecutions of those who leak classified information . Mr. Demers thank you, senator. I agree with you that the leaks of classified information present serious threats to the National Security, as you mentioned. In particular to the sources and methods we use. But also in revealing what we know to others, what we know about them. And lets make no mistake, sometimes those sources are uman beings. The cases themselves, the investigations need to be pursued fully and on the facts. Following those facts, wherever they may go. And then the prosecutions need to be considered carefully as well, taking into account, of course, the equities of the Intelligence Community, as well s the need to deter, obviously incapacitate folks who are leaking now but also deter future leakers as well. I will work closely with the career attorneys at the department who have been doing these cases for many years, who continue to focus on them today. And just follow the facts wherever they lead us. Mr. Burr will you commit to communicate with the committee on the progress of investigations and potential prosecutions . Mr. Demers i think within the bounds that i can. That is, as long as its not interfering with the investigation itself, i will. Mr. Burr good. We mentioned fisa title seven authorities, including what is well known as section 702. And they expire at the end of the year, as youre aware. The committee has Significant Interest in reauthorizing these authorities. Based upon your experience, how critical is reauthorizing to our nations National Security . Mr. Demers senator, i saw the world before the fisa amendments act of 2008. I saw what it was like without this authority. And it was very difficult for the Intelligence Community and it was very difficult for the lawyers at the Justice Department. And we were focusing a lot of our resources at that time on folks who, you know, nonu. S. Persons outside the u. S. , folks without constitutional rights. And i saw in the very early days the implementation of this law. I followed it, of course, in the news since then. I understand the Intelligence Community considers it to be a critical if not one of the most critical tools it has in the work that it does. Ive also seen the review that the privacy and Civil Liberties board did of this authority and i take note of the fact that they found no intentional misuses of this authority. So it strikes me that as best i can see from the outside, this is a critical authority. I support its reauthorization. And i look forward to working with the committee on that if im there in time. If not, then working with you on your oversight efforts of the authority, making sure its used effectively and well. Mr. Burr i thank you for that. Deputy attorney general rosenstein called cybersecurity attacks and threats against our nations security and infrastructure one of the departments highest priorities. How do you foresee furthering the departments cybersecurity efforts from within the National Security division . Mr. Demers so i think the cybersecurity is the d