Transcripts For CSPAN2 Christopher Wray Pledges Strict Indep

CSPAN2 Christopher Wray Pledges Strict Independence At FBI Helm July 13, 2017

Today, first of all i should say welcome to everybody. Particularly our former colleague and nominee and all of the families and friends and other citizens here for a very important nominee hearing. Youre welcome. The committee is considering, as you know, the nomination of Christopher Wray to be the interactive the fbi. Congratulations to you and your family on your nomination. This is an important day for you, your family and most importantly, this is an important day for the country considering the importance of the fbi and Law Enforcement in america. I welcome you, mr. Wray and your family to the committee. The Ranking Member and i will give Opening Statements. Then a senator will introduce the nominee. Mr. Wray will then give his Opening Statement and introduce anybody that he wants to support him and people that are not here supporting him as well. And then after his Opening Statement we will turn to questions. As an accommodation to the minorities request, we will have 10 minute rounds to questions during the first round rather than the normal seven. The director of the federal bureau of investigation is charged with running a vast agency with tremendous power. This power, if used appropriately, could threaten the Civil Liberties of every american or if it is used inappropriately i should have said. However, when used appropriately, and subject to rigorous oversight by congress, it protects a nation from terrorists, spies and from hardened criminals. The attorney general is commonly referred to as the top Law Enforcement officer in our country. The fbi director serves the attorney general as the top cop on the street. It is a very demanding job requires keen understanding of the law. Sound management skills, calm, calmness under significant pressures and a very levelheaded. From what i have seen so far with mr. Wray and from his record he has an impressive legal career. Graduating from Yale University and law school and a judge of the fourth circuit. Also spending many years as an assistant us attorney and was on the front lines in cases involving violent crime, Drug Trafficking, public corruption and fraud. During his time as a prosecutor he often worked closely with the fbi. While there in that position, he received the departments highest award for Public Service and leadership. In 2003, mr. Wray was unanimously confirmed by the United States senate to leave the Criminal Division of the department of justice as assistant attorney general. In that role, he led and managed over 400 prosecutors and 900 total employees in nearly all areas of federal criminal law. Thereto, he worked closely with federal Law Enforcement partners and key senior officials at the fbi. Of course, it is finally important for the fbi director to be independent. In reviewing his record, i have seen mr. Wrays commitment to this independence. He prosecuted little guys and big guys as we tend to separate people in our society. Including a Major League Baseball player. Gun traffickers and violators. He prosecuted folks on both sides of the political spectrum. Including folks working on a Republican Campaign while at the department of justice he oversaw the task force that investigated enron. This investigation led to convictions to several enron executives. Mr. Wray has earned the strong bipartisan support of over 100 former us attorneys across the country. Including former attorney general eric holder and other appointees of president clinton and president obama. I will enter at the end of my statement without objection, letters of support for mr. Wray. The top priority of the fbi is to protect the National Security of the United States. The director of the fbi needs to be effective, needs to be accountable when practicing protecting our nation from terrorism against foreign intelligence threats and against Cyber Attacks and hightechnology crimes. The gravity of this responsibility is clear when we remember the scores of americans and others killed or wounded in many terrorist events on us soil following the tragic event, september 11, 2001. Ices and other International Terror groups have directed or inspired terrorist attacks in fort hood, boston, san bernardino, orlando, st. Cloud, new york city, columbus and i suppose, other places that we tend to and shouldnt forget. We tend to forget what shouldnt forget. Uniformly, these terrorist attacks on the United States soil show the fbi must have the tools it needs to protect against and investigate terrorism and other serious Violent Crimes in the homeland. And these tools must preserve Civil Liberties while being adapted to changing threat streams and advances in technology. Chief, among these tools is the section july outside the United States with a compelled assistance of american companies. Section 702 receives support of obama and now that Trump Administration and is up for reauthorization at the end of the year. Many federal courts, the federal Intelligence Surveillance court and the privacy and will liberties Oversight Board have founded, have found section 702 constitutional with the Fourth Amendment. The deepest questions about section 702 information in the impact on privacy and Civil Liberties. In addition, the fbi must also have the tools needs to navigate the going dark problem as more and more terrorists and criminals use encryption. I look forward to hearing how mr. Wray plans to handle these National Security issues and protect the American People and uphold the constitution of the United States in keeping with the fbis mission. Of course, everyone here knows that i care about whistleblowers. And whistleblower protections. In december president obama signed the fbi whistleblower protection bill that senator leahy and i worked together to pass. The law clarifies that fbi employees who make disclosures to supervisors are protected. Unfortunately, there are still a lot of problems with the whistleblower protection process. Unlike other Law Enforcement agencies, the Justice Department doesnt allow fbi agents to get an independent judicial review of retaliation claims. It concerns me that the department and the fbi hasnt worked with us on the legislation to fix that. Fbi whistleblowers need the support of their leadership to ensure that there is a speedy and effective way to resolve their cases. I would like the assurance from mr. Wray that whistleblowers will not face retaliation. Some of his predecessors have done a poor job of protecting whistleblowers. On may 3 i said that a cloud of doubt hangs over the fbis objectivity. The previous director james comey said the people of the fbi dont give a rip about politics. But mr. James comey installed as his deputy director, a man who wife ran for the Virginia State senate and accepted almost 1 million from the virginia governor. That is a lot of money for one state senate seat. Governor mcauliffe is a longtime friend and fundraiser for the clintons and the democratic party. Deputy director met with him about his wifes political plans and his official fbi biography was used in setting up a meeting and the goal was for him to close the deal and get his wife to run for office. The office of special counsel is reviewing whether that coordination was a violation which prohibits partisan political coordination by fbi officials. The Inspector General is reviewing whether he should have been recused from the clinton investigation based on his financial ties to the clinton political network. He was also named in a sex discrimination lawsuit by a female fbi agent who alleged retaliation. Just last week it was reported that Lieutenant General Michael Flynn wrote a letter in support of the female agent. That means Lieutenant General flynn is an adverse witness to mr. Mccabe and attending proceeding. Mr. Mccabe allegedly wanted this pursuit very aggressively. According to press reports, three fbi employees personally witnessed mccabe making disparaging remarks about Michael Flynn before and during the Russian Investigation. Yet mr. Mccabe never recused himself from the flynn investigation. His failure to do so calls into question whether he has handled the investigation fairly and objectively. I have asked the Inspector General to add this to their ongoing review. The director of the fbi is entrusted with a tremendous amount of power. That power is subject to appropriate checks against the abuse of our Civil Liberties. The director is accountable to his leadership. And to the people elected representatives. That is why the fbi director has a 10 year term limit and there are no restrictions on the ability of any president to fire any director as President Trump did to former director james comey. The term limit is a ceiling, not a floor. While independence from partisan influence is critical in this committee and it tends to closely examine circumstances of mr. James comeys firing history shows that the 10 year term limit is not there to protect the fbi director from politicians or politics. It is there to protect, to help prevent the fbi director from overreaching or abusing power. For more than 50 years, the fbi was run by j edgar hoover. Arguably the most independent fbi director in history. The very people charged with straining his power were targets of his secret files. So were the americans whose Civil Liberties work trampled by that Cointel Program and hoovers own illegal abuses. Yet the fbi building still bears his name just as the bureau bears the weight of his ugly legacy. But in america, the people rule. Not the police or military. Vigorous oversight by elected officials is both the executive, but the executive and legislative branches essential to protect that liberty. Ive been doing vigorous oversight work of the fbi for my entire career on this committee. As long as im chairman i will continue to ask important questions and expect honest answers on behalf of the American People. Just yesterday, we had a hearing in a crime subcommittee that illustrated the long history of congress exercising its Constitutional Authority to do oversight including ongoing criminal and intelligence matters. Sometimes we cannot talk public about all of the details of our work. Although we strive to be as open as possible. Some people argue that oversight of Ongoing Investigations is somehow interference. This ignores the important work of our, the importance of our work to ensure conspiracy and accountability and of ignores history. This committee has received detailed information about ongoing criminal matters and foreign Intelligence Surveillance activity in the past and will continue to seek that information. That is what oversight and accountabilities are all about. In the past, the fbi has resisted accountability to congress and has been unresponsive to our letters. I know for sure about my letters. Mr. Wray, you and i have spoken about this problem and i expect you to change this practice at the fbi. I would like an assurance from you that you will be responsive to my oversight work and that my questions and documents requests will be taken seriously and answered in a timely and complete manner and some of my questions with you in my 10 minutes will pursue this point. So once again i thank mr. Wray for his willingness to return to Public Service and i look forward to a full and candid conversation with him today. Now senator feinstein. Thank you very much, mr. Chairman. I would like to begin also by welcoming the Nominee Family to this hearing. I want them to enjoy the day. This is probably as good as it gets so enjoy it. [laughter] i would also like to recognize my former colleague and presents good friend sam nunn. It is good to welcome you back sam you are a beacon of integrity and scrutiny and good logic and strong positions while you served in the senate. It was a great treat for those of us that were able to work with you. To do so. Welcome back. The position of fbi director is currently vacant. Because of a situation and i want to speak about that. On may 9 of this year, President Trump fired james comey. Although we are still sorting out all of the circumstances and details surrounding the president s decision, it does not appear that mr. Comey was fired because the bureau was a mess as originally stated. Nor is there evidence that mr. Comey was dismissed because of rank and file fbi agents had either lost confidence in him or because of his handling of the clinton administration. Rather we find that rank and file engines of the fbi did and continued to overwhelmingly support james comey. In addition, Deputy Attorney general rosenstein told members of congress that when he wrote his memo, President Trump had already decided to remove james comey as fbi director. Based on press reports, and the president s own words, the reason mr. Comey was dismissed was because he would not pledge his loyalty to the president and he would not lift the cloud of the Russian Investigation. President trump said in a televised interview for example, i was going to fire james comey regardless of recommendation. When i decided to just do it, i said to myself, you know, this russia thing with trump and russian is a made up story. And as the fbis investigation into Russian Election interference and possible coordination with the trauma Trump Campaign, the president became more and more concerned with james comeys unwillingness to cooperate. In the flynn matter as well as the russia matter. All of this raises important questions for the next fbi had and particularly for his independence. First and foremost, the fbi is and must remain an independent Law Enforcement organization. Free from political influence. And this starts at the very top. The fbi director does not serve the president. He serves the constitution, the law and the American People. As such, the director of the fbi must be a leader who has the integrity and strength that will enable him to withstand any attempts at political interference. Today, the Judiciary Committee will fully examine the qualifications, integrity and independence of the nominee before us. Will mr. Wray and the fbi pursue investigations with independence and bigger . Regardless of who may be implicated. Will he stand up for what is right and lawful . Money tell the president know, if improperly directed to pursue certain or and certain investigations . These are not abstract questions. Four hypotheticals. The committee must consider how mr. Wray has handled such situations in the past. According to one press account for example, mr. Wray expressed his readiness to resign alongside then Deputy Attorney general james comey and fbi director mueller in a standoff with the Bush White House about the legality of the nsas warrantless surveillance program. Yet, john you has testified that just a year early mr. Wray was part of the Senior Leadership in the Justice Department they may have reviews im sorry, reviewed in office of Legal Counsel memo justifying the use of enhanced interrogation techniques. This is significant. Not only because of what is says about mr. Wrays views, and independence at the time, but we know there are those who would bring back torture if they could. And so how he will handle this as the fbi director is important. In 2009, this Committee Heard important testimony stating that fbi interrogators have traditionally used the informed interrogation approach. Many of us know, and fbi agent who was a key fbi interrogator for several major terrorism investigations testified to us directly about the contrast between the fbis techniques and the enhanced interrogation techniques used by the cia during the bush administration. Specifically, he testified that these enhanced techniques were operationally ineffective, slow and unreliable. And ultimately, harmful to counterterrorism efforts. In fact, we learned that back in 2002, then fbi director bob mueller ended the fbis participation in the interrogation of zoo and other detainees because of the harsh torture methods being used. And because they wer

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