The American Democracy Legal Fund has filed a complaint with the U.S. Select Committee on Ethics to investigate whether U.S. Senator Chuck Grassley violated Senate ethics rules by supporting the leaking of information from an active FBI investigation.
Sen. Grassley is the chairman of the Senate Judiciary Committee, and in that capacity he is tasked with the critical role of oversight of the Department of Justice and the FBI. Thus, Sen. Grassley has a responsibility to ensure that those law enforcement agencies follow fair, nonpartisan investigatory practices and procedures. However, in spite of his Judiciary Committee chairmanship, Sen. Grassley has openly speculated that the FBI will bias their investigation into Secretary Clinton’s email arrangement by disregarding investigatory protocol.
It is undeniable that Sen. Grassley’s acceptance on multiple occasions of potential leaks from an FBI investigation is improper partisan conduct for the chairman of the Senate Judiciary Committee to engage. As the head of the committee charged with oversight of law enforcement agencies, Sen. Grassley should not have commented on the likelihood of the FBI leaking investigation information nor discussed the ramifications of such an effort on the presidential election.
The complaint is available below and in full with exhibits here. The American Democracy Legal Fund holds candidates for office accountable for possible ethics and/or legal violations. It is run by Brad Woodhouse.
May 24, 2016
American Democracy Legal Fund
455 Massachusetts Avenue, NW
Washington, DC 20001
Deborah Sue Mayer
Chief Counsel and Staff Director
U.S. Senate Select Committee on Ethics
220 Hart Senate Office Building
Washington, D.C. 20510
Re: Request for Investigation into Sen. Chuck Grassley (R-IA)
Dear Ms. Mayer:
American Democracy Legal Fund (“ADLF”) respectfully requests that the Senate Select Committee on Ethics (the “Committee”) investigate whether Sen. Charles “Chuck” Grassley (R-IA) violated Senate ethics rules by supporting the leaking of information from an active Federal Bureau of Investigation (“FBI”) investigation.
Sen. Grassley is the chairman of the Senate Judiciary Committee, and in that capacity he is tasked with the critical role of oversight of the Department of Justice and the FBI. As chairman, Sen. Grassley has portrayed himself as a “watchdog of the Justice Department and the FBI” who has “expos[ed] serious mistakes that led to botched investigations.” Thus, Sen. Grassley has a responsibility to ensure that those law enforcement agencies follow fair, nonpartisan investigatory practices and procedures.
However, in spite of his Judiciary Committee chairmanship, Sen. Grassley has openly speculated that the FBI will bias their investigation into Secretary Clinton’s email arrangement by disregarding investigatory protocol. Since February, Sen. Grassley has suggested that the FBI could leak details of its investigation if it appears that there will be no negative outcome for Secretary Clinton. At a town hall event in Marengo, Iowa, Sen. Grassley said, “you’re going to get something leaked about how bad [Secretary Clinton] may have been” if the Justice Department does not prosecute her. Sen. Grassley reiterated this point in a nationally televised interview. On Fox News’s “Your World with Neil Cavuto,” the senator stated that if the FBI’s evidence did not lead to an indictment, “I think something’s going to be leaked.” Later, in a meeting at the Des Moines A.M. Rotary Club, Senator Grassley noted that “political interference” could result in a leak from the FBI that could have a negative political impact on Secretary Clinton. After the meeting, when pressed on his comments, Sen. Grassley said that an FBI leak “is something I’ve heard” could happen.
Despite his chairmanship, Sen. Grassley’s recent comments do not represent the first time that he has supported and used leaks from investigations for his partisan agenda. Sen. Grassley has openly admitted that he has a “confidential source” in the State Department that has leaked information to help his investigation of Secretary Clinton’s aide, Huma Abedin. In his effort to discredit Secretary Clinton and her associates, Sen. Grassley has likely turned to his former aide Emilia DiSanto who is now the Deputy Director of the State Department’s Office of the Inspector General (“OIG”). An OIG whistleblower has warned that Ms. DiSanto is working with an “active partisan mandate to undermine both the State Department as a federal agency and Secretary Clinton as a presidential candidate.” Using leaked information from this source, Sen. Grassley sent public letters to Ms. Abedin and OIG’s Inspector General that acknowledged through detailed allegations a private internal investigation and sought more documents related to the matter. The State Department complied with Sen. Grassley’s requests but instructed that the documents remain confidential; unfortunately, the documents in his possession were “quickly reported on” by media outlets such as Politico. This strongly indicates that Sen. Grassley purposefully leaked the information, despite the State Department’s instructions, in order to suit his partisan objectives.
Under the Senate Ethics Manual, “improper conduct which may reflect upon the Senate” is a violation of Senate ethics regardless of whether it violated any particular law or Senate rule or regulation. It is undeniable that Sen. Grassley’s acceptance on multiple occasions of potential leaks from an FBI investigation is improper partisan conduct for the chairman of the Senate Judiciary Committee to engage. As the head of the committee charged with oversight of law enforcement agencies, Sen. Grassley should not have commented on the likelihood of the FBI leaking investigation information nor discussed the ramifications of such an effort on the presidential election. This interference could lead to the serious mistakes that would result in a botched investigation that the senator has touted he has prevented as chairman. In accordance with his own view of the Judiciary Committee chairman as a “watchdog,” the senator should be ensuring that a fair investigation that is not colored by his own partisanship is occurring. Indeed, to maintain the integrity of his position and of the Judiciary Committee, rather than speculate about FBI investigation leaks, Sen. Grassley should be actively supporting their prevention. Yet, to the contrary, Sen. Grassley’s comments indicate that he has placed partisan considerations over the concerns for a fair investigation. To broadcast that the FBI could leak information if Secretary Clinton is not prosecuted primes the public to question the integrity of the Justice Department—an institution that should be above the political fray. Unfortunately, Sen. Grassley’s actions are part of a pattern of practice. He has leaked investigatory information related to Secretary Clinton and her associates before and as a result does not view such leaks on this matter as problematic. Sen. Grassley’s support for FBI investigation leaks reflects poorly on his stewardship of the Judiciary Committee, his oversight of the FBI and the Department of Justice, and on the Senate Judiciary Committee itself.
Senate ethics rules prohibit members from engaging in improper conduct which may reflect on the Senate. For the above stated reasons, we request that the Committee commence an immediate investigation into Sen. Grassley’s conduct.
Sincerely,
Brad Woodhouse
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Enclosures
The Hill: Clinton chief attacks State watchdog
Politico: FBI could leak Clinton Email investigation
The Hill: Grassley, Reid battle over Mysterious Leak on Huma Abedin
Des Moines Register: Grassley: FBI could leak Clinton Email investigation
The Hill: Reid: GOP leaking ‘confidential’ info on Hillary Clinton aide