Dear Director Wray:
On October 9, 2020, the Federal Bureau of Investigation (FBI) produced 24 pages of text messages from former-Deputy Director Andrew McCabe, some of which had already been produced to us years ago.[1] This stands in stark contrast to the more than 300 pages of McCabe text messages that the FBI made available for review in a reading room at the Department of Justice. As you know, on August 6, 2020, the Senate Homeland Security and Governmental Affairs Committee (HSGAC) subpoenaed the FBI for all records related to the Crossfire Hurricane investigation, which requires that records actually be produced to the Committee, not merely made available for review in a reading room. We have waited nearly 70 days to receive these text messages, and when records were actually produced, we received only eight percent of what we know exists. Moreover, on Sept. 24, 2020, we requested the production of text and Lync messages for several other individuals involved in the Crossfire Hurricane investigation but, to date, we have not received a single message. It is simply unacceptable that we have waited so long to receive so little.
The 24 pages of McCabe text messages that the FBI did produce include notable information that is highly relevant to several aspects of the Committees’ oversight efforts. For example on July 28, 2016, a few days before Crossfire Hurricane was officially opened, Lisa Page texted McCabe about an article in Lawfare:[2]
Lisa Page: You should read this - the D surely has by now. Some of the internal links are well worth your time as well. Is Trump a Russian Agent? A legal Analysis - Lawfare. [Page includes a link to the article]
Andrew McCabe: Thanks much[.]
The CIA received intelligence reporting that indicated on July 26, 2016, two days before the above texts, Hillary Clinton had approved “a plan concerning U.S. Presidential candidate Donald Trump and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private email server."[3] Then-Director Brennan eventually briefed President Obama on that intelligence reporting, which also included a referral to then-FBI Director Comey. According to Comey’s recent testimony before the Senate Judiciary Committee, he has no recollection of receiving that referral.[4]
On Oct. 27, 2016, McCabe and Page exchanged a number of texts regarding whether McCabe would recuse himself from an investigative matter-likely the reopening of the Clinton case-because of then-recent news reporting of his wife accepting campaign contributions from Clinton ally, Terry McAuliffe:[5]
Lisa Page: Letter is not going to mention your recusal. Still waiting on Jim Baker.
Page: But it still doesn’t change that if you are recused, it will undermine the workforce.
Andrew McCabe: Agree.
Page: Still waiting. He should be out at noon. I won’t let him leave [sic] I have spoken to him.
McCabe: Strongly urge him to get me on the phone.
Page: I will. I’m going in with CF matter as cover for action, assume he will tell me re MYE. If not I will go back to Pete and [Redacted].[6]
On Oct. 29, 2016, the day after then-FBI Director James Comey announced that the FBI was reopening its investigation into Hillary Clinton’s use of a private email server, McCabe received a message from a New York Times reporter:[7]
Matt Apuzzo (NY Times reporter): Hey I know you don’t want to field calls. But Goldman and I are together and really need to talk. This thing is spiraling out of control.
The next day, Oct. 30, 2016, a colleague of Apuzzo’s reached out to McCabe:[8]
Adam Goldman (NY Times reporter): Andy, matt and I are together. Can we chat briefly. I apologize. I know it is Sunday.
McCabe: Can’t do it. I have no comments on anything.
Goldman: Understand. Thanks.
Goldman once again texted McCabe on Nov. 1, 2016:[9]
Goldman: Hi. Matt and I have new information that puts a lot of stuff specifically in your world into context. Can you spare 10 minutes or a coffee. We think it is important.
Also on Nov. 1, 2016, McCabe and Page exchanged messages about press stories on a number of topics:[10]
Lisa Page: Christ. A LOT of articles tonight. MJ published, lots about MYE, and an allegation about a PI on Manafort.
McCabe: MJ? Kelly File was really rough on me.
Page: Mother Jones. Re western intel source reporting on trump.[11]
Page: I didn’t watch.
Page: It’s the first time you’ve really come up since last sunday. Thought Devlin’s[12] piece was pretty benign.
Page: And the alphabank(sic) story is in slate.[13]
McCabe: Awesome.
Recently, the New Yorker reported that U.S. Attorney John Durham is allegedly examining the fake origins of the Alfa Bank theory.[14] Indeed, the theory that the Trump campaign had a secret communication channel with the Russian government via Alfa Bank was also debunked by the Special Counsel’s investigation.[15]
We have made a public commitment to determine and reveal the full extent of official investigative and intelligence action taken by federal officials against the Trump campaign, its presidential transition, and into the administration. As we have noted before, the information that has already been made public reveals what might be the most outrageous abuse of power in U.S. history against a presidential candidate and sitting president. In pursuit of the facts, we have requested extensive information relating to Crossfire Hurricane and the Clinton investigation, in one form or another, over the past several years, and well before HSGAC’s August 6, 2020 subpoena. The American people deserve full transparency, and they have waited entirely too long-almost four years in some instances-for answers. In light of that history, it is astounding that the FBI can claim to need more time to identify and produce responsive records.
For these reasons, we ask that the FBI produce, in compliance with its subpoena obligations and our previous oversight requests, the remaining McCabe messages and all messages that the FBI identified last week for other custodians by Oct. 16, 2020. Thank you for your attention to this matter.
Sincerely,
Ron Johnson Charles E. Grassley
Chairman Chairman
Committee on Homeland Security and Committee on Finance
Governmental Affairs
Source: U.S. Senate Committee on Homeland Security and Governmental Affairs
