69–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–300 

RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT AND DIRECTING 

THE ATTORNEY GENERAL TO TRANSMIT, RESPECTIVELY, CERTAIN DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO THE REMOVAL OF FORMER FEDERAL BUREAU OF INVESTIGATION DIRECTOR 

JAMES COMEY 

SEPTEMBER 8, 2017.—Referred to the House Calendar and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H. Res. 446] 

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 446) of inquiry requesting the President and directing the Attorney General to transmit, respectively, certain documents to the House of Representatives relating to the removal of 

former Federal Bureau of Investigation Director James Comey, 

having considered the same, report favorably thereon with an 

amendment and recommend that the resolution be agreed to. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 3 

Background and Need for the Legislation ............................................................. 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 8 

New Budget Authority and Tax Expenditures ...................................................... 8 

Committee Cost Estimate ....................................................................................... 8 

Duplication of Federal Programs ............................................................................ 8 

Disclosure of Directed Rule Makings ..................................................................... 8 

Performance Goals and Objectives ......................................................................... 8 

Advisory on Earmarks ............................................................................................. 9 

Section-by-Section Analysis .................................................................................... 9 

Dissenting Views ..................................................................................................... 9 

The amendment is as follows: 

2 

Strike all after the resolving clause and insert the following: 

That the President is requested, and Attorney General of the United States is directed, to transmit, respectively (in a manner appropriate to classified information, 

if the President or Attorney General determines appropriate), to the House of Representatives, not later than 60 days after the date of the adoption of this resolution, 

copies of any document, record, audio recording, memo, correspondence, or other 

communication in their possessions, or any portion of any such communication, that 

refers or relates to the firing of James B. Comey in the following respects: 

(1) Then-Attorney General Loretta Lynch directing James B. Comey to mislead the American people by stating that he should refer to the investigation 

into the mishandling of classified data and use of an unauthorized email server 

by former Secretary of State Hillary Clinton as a ‘‘matter’’, rather than a criminal ‘‘investigation’’. 

(2) Leaks by James B. Comey to Columbia University law professor, Daniel 

Richman, regarding conversations had between President Donald Trump and 

then-FBI Director James B. Comey, and how the leaked information was purposefully released to lead to the appointment of special counsel, Robert Mueller, 

a longtime friend of James B. Comey. 

(3) The propriety and consequence of immunity deals given to possible Hillary 

Clinton co-conspirators Cheryl Mills, Heather Samuelson, John Bentel, and potentially others, by the Federal Bureau of Investigation, during the criminal investigation James B. Comey led into Hillary Clinton’s misconduct. 

(4) The decision by James B. Comey to usurp the authority of then-Attorney 

General Loretta Lynch in his unusual announcement that criminal charges 

would not be brought against Hillary Clinton following her unlawful use of a 

private email server and mishandling of classified information. 

(5) James B. Comey’s knowledge and impressions of any ex-parte conversation 

between then-Attorney General Loretta Lynch and former President Bill Clinton on June 27, 2016, at a Phoenix airport on a private jet. 

(6) James B. Comey’s knowledge of the company ‘‘Fusion GPS’’, including— 

(A) its creation of a ‘‘dossier’’ of information about Mr. Donald Trump; 

(B) that dossier’s commission and dissemination in the months before and 

after the 2016 Presidential Election; and 

(C) the intelligence sources of Fusion GPS or any person or company 

working for Fusion GPS or its affiliates. 

(7) Any and all potential leaks originated by James B. Comey and provided 

to author Michael Schmidt dating back to 1993. 

(8) James B. Comey’s knowledge of— 

(A) the purchase of a majority stake in the company Uranium One by the 

company Rosatom; 

(B) whether the approval of the sale was connected to any donations 

made to the Clinton Foundation; 

(C) what role then-Secretary of State Hillary Clinton played in the approval of that sale; and 

(D) whether the sale could have affected the national security of the 

United States of America. 

(9) James B. Comey’s refusal to investigate then-Secretary of State Hillary 

Clinton regarding— 

(A) selling access to the U.S. State Department through Clinton Foundation donations; 

(B) Huma Abedin’s dual employment at the State Department and the 

Clinton Foundation simultaneously; or 

(C) utilization of the State Department to further paid speaking opportunities for her husband. 

(10) Any collusion between former FBI Director James B. Comey and special 

counsel Robert Mueller; including— 

(A) the information James B. Comey admitted to leaking to the Columbia 

University law professor, being intentional such that a special counsel, his 

longtime friend, Robert Mueller, would be appointed to lead the investigation against the Trump administration; and 

(B) any communication between Robert Mueller and James B. Comey in 

advance of the Senate Intelligence Committee hearing. 

(11) Whether James B. Comey had any knowledge of— 

(A) efforts made by any federal agency— 

(i) to monitor communications of then-candidate Donald Trump; 

(ii) to assess any knowledge by James B. Comey about the ‘‘unmasking’’ of individuals on Donald Trump’s campaign team, transition team, 

or both; 

3 

1Wm. Holmes Brown, et al., House Practice: A Guide to the Rules, Precedents, and Procedures 

of the House ch. 49, § 6, p. 834 (2011). 2 7 Deschler’s Precedents of the United States House of Representatives, H. Doc. No. 94–661, 

94th Cong., 2d Sess., ch. 24, § 8. 3 A resolution that seeks more than factual information does not enjoy privileged status. 

Brown, supra note 1, at 833–34. 4 Christopher M. Davis, Congressional Research Service, Resolutions of Inquiry: An Analysis 

of Their Use in the House, 1947–2011 at i (2012). 

(iii) to assess the role that former National Security Adviser Susan 

Rice played in the unmasking of these individuals; or 

(iv) to reveal the purpose served by unmasking any individual or individuals serving on the staff of then-candidate Donald Trump; or 

(B) the dissemination of unredacted information to various intelligence 

agencies, and any attempts to use surveillance of then-candidate Donald 

Trump for the purposes of damaging the credibility of his campaign, his 

presidency, or both. 

Purpose and Summary 

H. Res. 446 is a non-binding resolution of inquiry that requests 

that the Trump Administration provide the House of Representatives with certain documents related to the removal of former Federal Bureau of Investigation Director James Comey. 

Background and Need for the Legislation 

Resolutions of inquiry, if properly drafted, are given privileged 

parliamentary status in the House. This means that, under certain 

circumstances, a resolution of inquiry can be considered on the 

House floor even if the committee to which it was referred has not 

ordered the resolution reported and the majority party’s leadership 

has not scheduled it for consideration. Clause 7 of rule XIII of the 

Rules of the House of Representatives requires the committee to 

which the resolution is referred to act on the resolution within 14 

legislative days, or a motion to discharge the committee from consideration is considered privileged on the floor of the House. In calculating the days available for committee consideration, the day of 

introduction and the day of discharge are not counted.1

Under the Rules and precedents of the House, a resolution of inquiry is a means by which the House may request information from 

the President or the head of one of the executive departments. According to Deschler’s Precedents, it is a ‘‘simple resolution making 

a direct request or demand of the President or the head of an executive department to furnish the House of Representatives with specific factual information in the possession of the executive 

branch.’’ 2 Such resolutions must ask for facts, documents, or specific information; they may not be used to request an opinion or require an investigation.3 Resolutions of inquiry are not akin to subpoenas, they have no legal force, and thus compliance by the Executive Branch with the House’s request for information is purely 

voluntary. 

According to a study conducted by the Congressional Research 

Service (CRS), between 1947 and 2011, 290 resolutions of inquiry 

were introduced in the House.4 Within this period, CRS found that 

‘‘two periods in particular, 1971–1975 and 2003–2006, saw the 

highest levels of activity on resolutions of inquiry’’ and that the 

‘‘Committees on Armed Services, Foreign Affairs, and the Judiciary 

4 

5 Id. 

6 Id. 

have received the largest share of references.’’ 5 CRS further found 

that ‘‘in recent Congresses, such resolutions have overwhelmingly 

become a tool of the minority party in the House.’’ 6

A Committee has a number of choices after a resolution of inquiry is referred to it. It may vote on the resolution up or down 

as is or it may amend it, and it may report the resolution favorably, unfavorably, or with no recommendation. 

H. Res. 446, as amended in committee, seeks information regarding the removal of James B. Comey as Director of the Federal Bureau of Investigation, including: 

(1) Then-Attorney General Loretta Lynch directing James B. 

Comey to mislead the American people by stating that he should 

refer to the investigation into the mishandling of classified data 

and use of an unauthorized email server by former Secretary of 

State Hillary Clinton as a ‘‘matter,’’ rather than a criminal ‘‘investigation.’’ 

(2) Leaks by James B. Comey to Columbia University law professor, Daniel Richman, regarding conversations had between 

President Donald Trump and then-FBI Director James B. Comey, 

and how the leaked information was purposefully released to lead 

to the appointment of special counsel, Robert Mueller, a longtime 

friend of James B. Comey. 

(3) The propriety and consequence of immunity deals given to 

possible Hillary Clinton co-conspirators by the Federal Bureau of 

Investigation, during the criminal investigation into Hillary Clinton’s misconduct. 

(4) The decision by James B. Comey to usurp the authority of 

then-Attorney General Loretta Lynch in his unusual announcement 

that criminal charges would not be brought against Hillary Clinton 

following her unlawful use of a private email server and mishandling of classified information. 

(5) James B. Comey’s knowledge and impressions of any ex-parte 

conversation between then-Attorney General Loretta Lynch and 

former President Bill Clinton on June 27, 2016, at a Phoenix airport on a private jet. 

(6) James B. Comey’s knowledge of the company ‘‘Fusion GPS,’’ 

including its creation of a ‘‘dossier’’ of information about Mr. Donald Trump. 

(7) James B. Comey’s refusal to investigate then-Secretary of 

State Hillary Clinton regarding selling access to the U.S. State Department through Clinton Foundation donations and utilization of 

the State Department to further paid speaking opportunities for 

her husband. 

Hearings 

The Committee on the Judiciary held no hearings on H. Res. 446. 

Committee Consideration 

On July 26, 2017, the Committee met in open session and ordered H. Res. 446 favorably reported by a roll call vote of 15–13, 

a quorum being present. 

5 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

roll call votes occurred during the Committee’s consideration of H. 

Res. 446. 

1. Motion to table the appeal of the ruling of the chair. Approved 

17 to 9. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................... X ........ ...........

Mr. Sensenbrenner, Jr. (WI) ...................................... ........ ........ ...........

Mr. Smith (TX) ............................................................ ........ ........ ...........

Mr. Chabot (OH) ......................................................... X ........ ...........

Mr. Issa (CA) ............................................................... ........ ........ ...........

Mr. King (IA) ............................................................... X ........ ...........

Mr. Franks (AZ) .......................................................... X ........ ...........

Mr. Gohmert (TX) ....................................................... X ........ ...........

Mr. Jordan (OH) .......................................................... X ........ ...........

Mr. Poe (TX) ................................................................ X ........ ...........

Mr. Marino (PA) .......................................................... X ........ ...........

Mr. Gowdy (SC) ........................................................... ........ ........ ...........

Mr. Labrador (ID) ....................................................... X ........ ...........

Mr. Farenthold (TX) .................................................... X ........ ...........

Mr. Collins (GA) .......................................................... ........ ........ ...........

Mr. DeSantis (FL) ....................................................... X ........ ...........

Mr. Buck (CO) ............................................................. ........ ........ ...........

Mr. Ratcliffe (TX) ........................................................ X ........ ...........

Ms. Roby (AL) .............................................................. ........ ........ ...........

Mr. Gaetz (FL) ............................................................. X ........ ...........

Mr. Johnson (LA) ........................................................ X ........ ...........

Mr. Biggs (AZ) ............................................................. X ........ ...........

Mr. Rutherford (FL) .................................................... X ........ ...........

Ms. Handel (GA) .......................................................... X ........ ...........

Mr. Conyers, Jr. (MI), Ranking Member ................... ........ X ...........

Mr. Nadler (NY) .......................................................... ........ X ...........

Ms. Lofgren (CA) ......................................................... ........ X ...........

Ms. Jackson Lee (TX) .................................................. ........ X ...........

Mr. Cohen (TN) ........................................................... ........ X ...........

Mr. Johnson (GA) ........................................................ ........ X ...........

Mr. Deutch (FL) .......................................................... ........ X ...........

Mr. Gutierrez (IL) ....................................................... ........ ........ ...........

Ms. Bass (CA) .............................................................. ........ ........ ...........

Mr. Richmond (LA) ..................................................... ........ ........ ...........

Mr. Jeffries (NY) ......................................................... ........ ........ ...........

Mr. Cicilline (RI) ......................................................... ........ ........ ...........

Mr. Swalwell (CA) ....................................................... ........ ........ ...........

Mr. Lieu (CA) .............................................................. ........ ........ ...........

Mr. Raskin (MD) ......................................................... ........ ........ ...........

Ms. Jayapal (WA) ........................................................ ........ X ...........

Mr. Schneider (IL) ....................................................... ........ X ...........

6 

ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Total ............................................................... 17 9 ...........

2. A substitute amdendment, offered by Mr. Gaetz, that enumerates additional topics of inquiry relating to the 2016 presidential 

election; former Federal Bureau of Investigation Director James 

Comey; former Secretary of State Hillary Clinton and her associates; and alleged intelligence-gathering activities by former President Barack Obama’s administration officials. Approved 16 to 13. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................... X ........ ...........

Mr. Sensenbrenner, Jr. (WI) ...................................... ........ ........ ...........

Mr. Smith (TX) ............................................................ X ........ ...........

Mr. Chabot (OH) ......................................................... X ........ ...........

Mr. Issa (CA) ............................................................... ........ ........ ...........

Mr. King (IA) ............................................................... X ........ ...........

Mr. Franks (AZ) .......................................................... X ........ ...........

Mr. Gohmert (TX) ....................................................... X ........ ...........

Mr. Jordan (OH) .......................................................... X ........ ...........

Mr. Poe (TX) ................................................................ ........ ........ ...........

Mr. Marino (PA) .......................................................... X ........ ...........

Mr. Gowdy (SC) ........................................................... X ........ ...........

Mr. Labrador (ID) ....................................................... X ........ ...........

Mr. Farenthold (TX) .................................................... X ........ ...........

Mr. Collins (GA) .......................................................... ........ ........ ...........

Mr. DeSantis (FL) ....................................................... ........ ........ ...........

Mr. Buck (CO) ............................................................. ........ ........ ...........

Mr. Ratcliffe (TX) ........................................................ ........ ........ ...........

Ms. Roby (AL) .............................................................. ........ ........ ...........

Mr. Gaetz (FL) ............................................................. X ........ ...........

Mr. Johnson (LA) ........................................................ X ........ ...........

Mr. Biggs (AZ) ............................................................. X ........ ...........

Mr. Rutherford (FL) .................................................... X ........ ...........

Ms. Handel (GA) .......................................................... X ........ ...........

Mr. Conyers, Jr. (MI), Ranking Member ................... ........ X ...........

Mr. Nadler (NY) .......................................................... ........ X ...........

Ms. Lofgren (CA) ......................................................... ........ X ...........

Ms. Jackson Lee (TX) .................................................. ........ X ...........

Mr. Cohen (TN) ........................................................... ........ ........ ...........

Mr. Johnson (GA) ........................................................ ........ X ...........

Mr. Deutch (FL) .......................................................... ........ X ...........

Mr. Gutierrez (IL) ....................................................... ........ X ...........

Ms. Bass (CA) .............................................................. ........ X ...........

Mr. Richmond (LA) ..................................................... ........ ........ ...........

Mr. Jeffries (NY) ......................................................... ........ ........ ...........

Mr. Cicilline (RI) ......................................................... ........ X ...........

Mr. Swalwell (CA) ....................................................... ........ X ...........

Mr. Lieu (CA) .............................................................. ........ ........ ...........

7 

ROLLCALL NO. 2—Continued 

Ayes Nays Present 

Mr. Raskin (MD) ......................................................... ........ X ...........

Ms. Jayapal (WA) ........................................................ ........ X ...........

Mr. Schneider (IL) ....................................................... ........ X ...........

Total ............................................................... 16 13 ...........

3. Motion to report H. Res. 446 favorably to the House. Approved 

15 to 13. 

ROLLCALL NO. 3 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................... X ........ ...........

Mr. Sensenbrenner, Jr. (WI) ...................................... ........ ........ ...........

Mr. Smith (TX) ............................................................ X ........ ...........

Mr. Chabot (OH) ......................................................... X ........ ...........

Mr. Issa (CA) ............................................................... ........ ........ ...........

Mr. King (IA) ............................................................... ........ ........ ...........

Mr. Franks (AZ) .......................................................... X ........ ...........

Mr. Gohmert (TX) ....................................................... X ........ ...........

Mr. Jordan (OH) .......................................................... X ........ ...........

Mr. Poe (TX) ................................................................ ........ ........ ...........

Mr. Marino (PA) .......................................................... X ........ ...........

Mr. Gowdy (SC) ........................................................... X ........ ...........

Mr. Labrador (ID) ....................................................... X ........ ...........

Mr. Farenthold (TX) .................................................... X ........ ...........

Mr. Collins (GA) .......................................................... ........ ........ ...........

Mr. DeSantis (FL) ....................................................... ........ ........ ...........

Mr. Buck (CO) ............................................................. ........ ........ ...........

Mr. Ratcliffe (TX) ........................................................ ........ ........ ...........

Ms. Roby (AL) .............................................................. ........ ........ ...........

Mr. Gaetz (FL) ............................................................. X ........ ...........

Mr. Johnson (LA) ........................................................ X ........ ...........

Mr. Biggs (AZ) ............................................................. X ........ ...........

Mr. Rutherford (FL) .................................................... X ........ ...........

Ms. Handel (GA) .......................................................... X ........ ...........

Mr. Conyers, Jr. (MI), Ranking Member ................... ........ X ...........

Mr. Nadler (NY) .......................................................... ........ X ...........

Ms. Lofgren (CA) ......................................................... ........ X ...........

Ms. Jackson Lee (TX) .................................................. ........ X ...........

Mr. Cohen (TN) ........................................................... ........ ........ ...........

Mr. Johnson (GA) ........................................................ ........ X ...........

Mr. Deutch (FL) .......................................................... ........ X ...........

Mr. Gutierrez (IL) ....................................................... ........ X ...........

Ms. Bass (CA) .............................................................. ........ X ...........

Mr. Richmond (LA) ..................................................... ........ ........ ...........

Mr. Jeffries (NY) ......................................................... ........ ........ ...........

Mr. Cicilline (RI) ......................................................... ........ X ...........

Mr. Swalwell (CA) ....................................................... ........ X ...........

Mr. Lieu (CA) .............................................................. ........ ........ ...........

8 

ROLLCALL NO. 3—Continued 

Ayes Nays Present 

Mr. Raskin (MD) ......................................................... ........ X ...........

Ms. Jayapal (WA) ........................................................ ........ X ...........

Mr. Schneider (IL) ....................................................... ........ X ...........

Total ............................................................... 15 13 ...........

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Committee Cost Estimate 

In compliance with clause 3(d) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates that implementing this non-binding resolution would not result in any significant costs. The Congressional Budget Office did not provide a cost 

estimate for the resolution. 

Duplication of Federal Programs 

No provision of H. Res. 446 establishes or reauthorizes a program of the Federal government known to be duplicative of another 

Federal program, a program that was included in any report from 

the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related to a program 

identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H. Res. 446 specifically directs to 

be completed no specific rule makings within the meaning of 5 

U.S.C. § 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H. Res. 446 requests 

certain documents from the Trump Administration related to the 

dismissal of former Federal Bureau of Investigation Director James 

Comey. 

9 

1President Donald Trump (@realDonaldTrump), Twitter, July 24, 2017, 8:49 AM. 

2 Ashley Feinberg, A GOP Staffer Crowdsourced an Anti-Clinton Resolution from Reddit, 

WIRED, July 28, 2017. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H. Res. 446 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of rule XXI. 

Section-by-Section Analysis 

The following discussion describes the resolution as reported by 

the Committee. 

H. Res. 446, a non-binding resolution of inquiry, requests that 

the President and the Attorney General of the United States transmit certain documents and communications to the House of Representatives related to the removal of James B. Comey from his position as the director of the Federal Bureau of Investigation. 

Dissenting Views 

H. Res. 446, as introduced by Representatives Pramila Jayapal 

(D–WA) and David Cicilline (D–RI), presented the Majority with an 

opportunity to address events that ordinarily would command the 

attention of this Committee—among them President Donald 

Trump’s repeated efforts to undermine an ongoing criminal investigation, his direct attacks on the leadership of the Department of 

Justice, and the seemingly pick-and-choose application of the Attorney General’s recusal from matters related to the presidential campaigns. 

Rather than debate the resolution on the merits, however, the 

Majority has shown us where their priorities lie: they would rather 

chase the ghost of Hillary Clinton’s emails than face the fact of 

widespread dysfunction at the White House and the Department of 

Justice. 

On July 24, 2017, President Trump took to Twitter to ask: ‘‘So 

why aren’t the Committees and investigators, and of course our beleaguered A.G., looking into Crooked Hillarys [sic] crimes & Russia 

relations?’’ 1 We took this tweet initially as just another attack on 

the Attorney General by the President—a troubling suggestion that 

the Department of Justice should investigate the President’s political rivals, but nothing unusual for the Trump era. 

The Majority, it seems, read the message differently. On the 

same day that the President urged Congress to investigate Hillary 

Clinton, staff for Representative Matthew Gaetz (R–FL) asked for 

help identifying ‘‘Clinton/Obama/election scandals’’ from ‘‘r/ 

The_Donald,’’ an online forum noted for unfounded conspiracy theories, racist tendencies, and rabid support for President Trump.2

The suggestions his staff received formed the basis of the Gaetz 

Amendment to H. Res. 446, which replaced the content of the original resolution[,] and which the Majority embraced unanimously. 

Our Committee has an obligation to safeguard the Department 

of Justice from the chaos unleashed by the Trump Administration. 

Instead, the Majority seeks to legitimize the views of the online 

10 

3 Celia Kang, Fake News Onslaught Targets Pizzeria as Nest of Child-Trafficking, N.Y. TIMES, 

Nov. 21, 2017. 4 Emma Gray Ellis, The Seth Rich Conspiracy Theory: A Tale of Two Filter Bubbles, WIRED, 

May 18, 2017. 5The origin of the specious, THE ECONOMIST, July 4, 2017. For example, users of r/The_Donald 

frequently refer to President Trump as ‘‘God emperor.’’ 6PEEDS NEEDED ASAP!! *SERIOUS REQUEST*, submitted by Devinm666, Reddit, July 

24, 2017 (originally posted at https://www.reddit.com/r/The_Donald/comments/6pbupw/ 

pedes_needed_asap_serious_request/). 7 Ashley Feinberg, A GOP Staffer Crowdsourced an Anti-Clinton Resolution from Reddit, 

WIRED, July 28, 2017. 8 Caitlin Dewey, The people running this Trump fan club also promote eugenics and call Muslims ‘animals,’ WASH. POST, July 20, 2016; see also Trevor Martin, Dissecting Trump’s Most 

Rabid Online Following, FIVETHIRTYEIGHT.COM, Mar. 23, 2017. 9 Ben Mathis-Lilley, Meanwhile, Donald Trump Did a Q&A Wednesday Night on a Hate 

Speech Forum, SLATE, July 28, 2016. 10Tiffany Kaitlyn, The ultimate conspiracy: a conspiracy against Reddit’s conspiracy community, THE VERGE, Jan. 11, 2017. 11 John Herrman, Donald Trump Finds Support in Reddit’s Unruly Corners, N.Y. TIMES, Apr. 

8, 2016. 12Trevor Martin, Dissecting Trump’s Most Rabid Online Following, FIVETHIRTYEIGHT.COM, 

Mar. 23, 2017. 13The origin of the specious, THE ECONOMIST, July 4, 2017. 

forum that helped promote ‘‘Pizzagate’’ 3 and exploit the murder of 

Seth Rich.4 As amended, the resolution is little more than a compilation of right-wing conspiracy theories and represents the Majority’s abdication of our responsibilities. We dissent. 

I. THE GAETZ AMENDMENT SURRENDERS COMMITTEE PROCESS TO AN

ALT-RIGHT ONLINE FORUM. 

The Gaetz Amendment began with a post to r/The_Donald, an 

online bulletin board hosted by Reddit and dedicated to near-fanatical devotion to President Trump.5 On July 24, 2017, an employee 

of Representative Gaetz solicited the community’s help: 

I work for Congress and have been asked to come up 

with a list of Clinton/Obama/election scandals for my boss 

ASAP (within the next few hours). . . . I know about 

phony ‘‘Russia’’ hack of DNC (Seth Rich), uranium sales, 

Comey miscreancy, but I’m sure there’s a lot I’m missing.6

The member of Representative Gaetz’s staff to whom this message 

was later attributed has a history of frequenting r/The_Donald and 

sharing his opinions on ‘‘the cuck-filled Senate,’’ ‘‘Barry o’Islama,’’ 

and the ‘‘raping savages’’ seeking refuge from the Syrian civil war.7

These views are right at home on r/The_Donald. Although the 

forum officially condemns anti-Semitism and racism, it is a frequent host to racist, anti-Semitic, Islamophobic, and misogynistic 

commentary.8 Analysts have described r/The_Donald as a ‘‘hate 

speech forum’’ 9 and a ‘‘notoriously fetid troll swamp.’’ 10 Users ‘‘respond to accusations of bigotry with defiant claims of persecution 

at the hands of critics. It is an article of faith among posters that 

anti-racists are the real bigots, feminists are the actual sexists, and 

progressive politics are, in effect, regressive.’’ 11 One statistical 

analysis of the site found that its membership overlaps significantly with a number of ‘‘hate-based subreddits’’ that openly promote racist and anti-Semitic views.12

The subreddit is also an incubator for various right-wing conspiracy theories. More than 10,000 posts on r/The_Donald are devoted to Seth Rich, a young staffer for the Democratic National 

Committee (DNC) who was killed in an attempted robbery last 

summer.13 Commenters on the r/The_Donald claim, without eviVerDate Sep 11 2014 02:17 Sep 12, 2017 Jkt 069008 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR300.XXX HR300
11 

14David Weigel, The Seth Rich conspiracy shows how fake news still works, WASH. POST, May 

20, 2017; Eugene Kiely, Gingrich Spreads Conspiracy Theory, FACTCHECK.ORG, May 22, 2017; 

Colleen Shalby, How Seth Rich’s death became an Internet conspiracy theory, L.A. TIMES, May 

24, 2017. 15Mary Rich & Joel Rich, We’re Seth Rich’s parents. Stop politicizing our son’s murder., WASH. POST, Mar. 23, 2017. 16 Assessing Russian Activities and Intentions in Recent US Elections, Office of the Director 

of National Intelligence, Jan. 6, 2017. 17 Abby Ohlheiser, Fearing yet another witch hunt, Reddit bans ‘‘Pizzagate,’’ WASH. POST, Nov. 

24, 2016; see also Kevin Ducey, No, Andrew Bogut’s knee injury is not an anti-Pizzagate conspiracy, SPORTS ILLUSTRATED, Dec. 30, 2016. 18Spence Hsu, Comet Pizza gunman pleads guilty to federal and local charges, WASH. POST, 

Mar. 24, 2017. 19 Ashley Feinberg, A GOP Staffer Crowdsourced an Anti-Clinton Resolution from Reddit, 

WIRED, July 28, 2017. 

dence, that Mr. Rich was connected to the leak of emails stolen 

from the DNC last year and that he was murdered in a plot to 

cover up his knowledge of the crime.14 In a public statement, Mr. 

Rich’s parents called these ‘‘discredited conspiracy theories . . . 

baseless [and] unspeakably cruel.’’ 15 The intelligence community 

stands by its unanimous opinion that the Russian government was 

responsible for the theft of DNC emails during the presidential 

campaign.16

The forum also promoted the ‘‘Pizzagate’’ conspiracy, which alleged that close associates of Hillary Clinton run an underground 

child exploitation ring out of a pizza restaurant in northwest Washington, DC.17 The relentless online discussion of this theory, promoted and amplified by r/The_Donald, had dangerous, real-world 

consequences. On December 4, 2016, a man entered the crowded 

restaurant and fired three shots from a rifle before finding ‘‘no evidence that underage children were being harbored in the restaurant’’ and surrendering to police.18

The Gaetz Amendment appears to be based almost entirely on 

the suggestions of this collective of conspiracy theorists—and it 

shows. One user, responding to the post left by Representative 

Gaetz’s office, offered a list of ideas that Representative Gaetz appears to have used in its entirety: 

Are you freaking kidding me? Clinton state department 

pay for play which funded the Clinton Foundation which 

bankrolled Clinton’s campaign, susan rice [sic] unmasking, 

lynch [sic] obstruction, falsifying/manufacturing evidence 

for FISA warrants on the Trump Tower, Fusion GPS working with the Russian government to manufacture the . . . 

dossier, the . . . dossier and how it was spread in general, 

Christ that’s just off the top of my head.19

The Gaetz Amendment also asks for information about other largely discredited schemes: Hillary Clinton’s supposed profit from the 

sale of uranium deposits to a Russian company, ‘‘immunity deals’’ 

given to ‘‘possible Hillary Clinton co-conspirators,’’ and Federal Bureau of Investigation (FBI) Director James Comey’s ‘‘leaks’’ to New 

York Times reporter Michael Schmidt ‘‘as far back as 1993’’—when 

Mr. Schmidt would have been in elementary school. 

At least one member of Representative Gaetz’s staff seemed 

pleased when the Majority surrendered Committee process to the 

curators of these conspiracy theories. While the markup was still 

in session, in what we assume is a reference to Chairman Goodlatte and others leading the Republican conference, he posted: 

12 

20 Ashley Feinberg, A GOP Staffer Crowdsourced an Anti-Clinton Resolution from Reddit, 

WIRED, July 28, 2017. 21President Donald Trump (@realDonaldTrump), Twitter, July 24, 2017, 7:44 AM. 22 Id., July 24, 2017, 7:47 AM. 23 Id., July 24, 2017, 8:00 AM. Donald Trump, Jr. made one email exchange available to the 

public. He did so minutes before the New York Times planned to do the same. The exchange 

in question documents top Trump campaign advisors agreeing to meet with Russian officials in 

order to obtain information that might harm the Clinton campaign. See Jo Becker, et al., Russian Dirt on Clinton? ‘I Love It,’ Donald Trump, Jr. Said, N.Y. TIMES, July 11, 2017. 24 Unofficial Tr. of Markup of H.R. 391, the ‘‘Asylum Reform and Border Protection Act’’; H. 

Res. 446, the ‘‘Resolution of Inquiry,’’ before the H. Comm. on the Judiciary, 115th Cong. (July 

26, 2017) (statement of Rep. Matthew Gaetz) [hereinafter Markup Tr.]. 25 Id. (statement of Chairman Bob Goodlatte). 26 Id. (statement of Rep. Jim Jordan). 

‘‘Cucks abound, and they have not been defending the president. 

Hopefully that stops now.’’ 20

II. ARGUMENTS IN FAVOR OF THE GAETZ AMENDMENT ECHO

PRESIDENT TRUMP’S OWN OBSTRUCTIONIST TALKING POINTS. 

The Majority would prefer to mimic President Trump’s favorite 

talking points rather than conduct any meaningful oversight of his 

Administration. During debate of H. Res. 446, they took a resolution designed to hold the President accountable to the Committee 

and used its markup as a forum to spread the President’s 

mistruths and misdirection. 

President Trump has a record of deflecting criticism by attacking 

public officials he believes to be his enemies. For example, he asks 

on Twitter: ‘‘why isn’t the A.G. or Special Council [sic] looking at 

the many Hillary Clinton or Comey crimes. 33,000 emails deleted?’’ 21 He tries to equate Hillary Clinton’s alleged and largely 

unsubstantiated connections to the Russian government to his own: 

‘‘What about all of the Clinton ties to Russia, including Podesta 

Company, Uranium deal, Russian Reset [sic], big dollar speeches 

etc.’’ 22 Again and again, he attempts to pivot the conversation 

away from his own conduct and towards Hillary Clinton: ‘‘My son 

Donald openly gave his e-mails to the media & authorities whereas 

Crooked Hillary Clinton deleted (& acid washed) her 33,000 emails!’’ 23

We have come to expect this kind of rhetoric from President 

Trump. New to us, however, is the Majority’s decision to simply repeat these fact-free talking points as their own. 

For example, President Trump prefers that the Department of 

Justice look at ‘‘the many Hillary Clinton or Comey crimes’’ instead 

of his campaign or his family finances—and now, so does our Majority. At the markup, Representative Gaetz explained that his 

amendment was designed to investigate ‘‘the real crimes, harmful 

lies, and the undermining of American security by the prior administration.’’ 24 Chairman Goodlatte also indicated his support for the 

Gaetz Amendment using similar language: ‘‘I share my colleague’s 

desire to determine the extent to which laws were broken during 

the election by individuals named in this amendment.’’ 25

President Trump hopes that the Committee will examine ‘‘all of 

the Clinton ties to Russia,’’ like the ‘‘Uranium deal,’’ instead of conducting oversight of his Administration. The Majority seems happy 

to oblige. At markup, Representative Jim Jordan (R–OH) asked: 

‘‘We have got all these investigations about Putin’s government trying to influence our election. How about the Obama administration’s influence on our election?’’ 26 Representative Gaetz made his 

13 

27 Id. (statement of Rep. Matthew Gaetz). 28 Id. (statement of Rep. Steve King). 29See, e.g., David A. Graham, But What About Hillary Clinton?, THE ATLANTIC, July 24, 2017; 

Glenn Kessler & Michelle Ye Hee Lee, 26 hours, 29 Trumpian false or misleading claims, WASH. POST, July 26, 2017. 30Markup Tr., supra note 24 (statement of Rep. Pramila Jayapal). 31 Id. (statement of Rep. Matthew Gaetz). 32Letter from Chairman Bob Goodlatte, et al., H. Comm. on the Judiciary, to U.S. Attorney 

General Jeff Sessions & Deputy Attorney General Rod J. Rosenstein, July 27, 2017. 33Markup Tr. (statement of Chairman Bob Goodlatte). 

priorities clear as well: ‘‘Cash was flowing to the Clinton Foundation while the Uranium One deal was at work. That is the real collusion that threatens American’s security.’’ 27

As the Special Counsel’s investigation bears down on his Administration, President Trump returns often to a favorite rallying cry: 

‘‘33,000 e-mails!’’ The Majority has signaled its willingness to help 

on this front as well. Representative Steve King (R–IA) stated at 

the markup that the ongoing investigation into the President’s 

campaign is a ‘‘sham investigation’’ and would rather we focus on 

‘‘at least 30,000 emails, crushed hard drives, [and] bleach bit.’’ 28

To the extent that the issues raised by the President and the Majority have any basis in reality, they have already been thoroughly 

investigated by the Department of Justice and the FBI.29 Hillary 

Clinton’s actions and those of other private citizens have nothing 

to do with our obligation to conduct oversight of the Trump Administration. We cannot agree with the Majority’s decision to prioritize 

yet another investigation of Hillary Clinton over matters that are 

squarely within the Committee’s jurisdiction and which threaten 

the integrity of the Department of Justice. 

Nevertheless, we would be less concerned if the Majority wanted 

to chase Hillary Clinton conspiracy theories in addition to conducting meaningful oversight of the Trump Administration. At 

markup, Representative Jayapal made this point clear: 

My colleagues are as entitled to their oversight prerogatives as I am to mine, so if my colleagues are willing to 

add these points that are in your amendment to our resolution, rather than substitute your questions for ours, then 

I will withdraw my point of order, and I will look forward 

to their support for the underlying resolution.30

Representative Gaetz refused. Instead he chose to let the Special 

Counsel ‘‘review the conduct of the Trump Administration,’’ and let 

the Committee ‘‘ensure that the real criminals are held accountable 

for their conduct that has undermined the country.’’ 31

It is worth noting that this Trump-like fixation with Hillary Clinton did not stop when the markup ended. One day later, the Majority sent a letter to the Department of Justice demanding the appointment of a new special counsel to investigate each of the items 

listed in the Gaetz Amendment.32

We find this request remarkable. In their objection to conducting 

oversight of the Trump Administration, the Majority found ‘‘no salient reason for this committee to become the sixth entity that is 

using taxpayer dollars to investigate the Trump campaign’s connections . . . to the Russian government.’’ 33 The Majority can balk at 

its oversight responsibilities because investigations cost too much, 

or they can ask the government to spend millions of additional dolVerDate Sep 11 2014 01:47 Sep 12, 2017 Jkt 069008 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR300.XXX HR300
14 

34See Glenn Kessler, Have Republicans really spent $7 million on the Benghazi Committee, 

WASH. POST, MAY 17, 2016. See also Bipartisan Report, Review of the Terrorist Attacks on U.S. 

Facilities in Benghazi, Libya, September 11–12, 2012, S. Select Comm. on Intelligence, Jan. 15, 

2014; Bipartisan Report, Investigative Report on the Terrorist Attacks on U.S. Facilities in 

Benghazi, Libya, September 11–12, 2012, H. Permanent Select Comm. on Intelligence; Interim 

Progress Report for the Members of the House Republican Conference on the Events Surrounding 

the September 11, 2012, Terrorist Attacks in Benghazi, Libya, Chairman Howard P. ‘‘Buck’’ 

McKeon, H. Comm. on Armed Services, et al., Apr. 23, 2013. 35Michael D. Shear, et al., Trump Fires Acting Attorney General Who Defied Him, N.Y. TIMES, 

Jan. 30, 2017. 36 Excerpts from the Times’s Interview with Trump, N.Y. TIMES, July 19, 2017. 37 Id. 38 Id. 39President Donald Trump (@realDonaldTrump), Twitter, July 22, 2017, 7:35 AM. 40President Donald Trump (@realDonaldTrump), Twitter, July 24, 2017, 8:49 AM. 41See e.g., Philip Rucker & Ellen Nakashima, Trump asked Sessions about closing case 

against Arpaio, an ally since ‘‘birtherism,’’ WASH. POST, Aug. 26, 2017. 42See, e.g., Philip Bump, How Rick Perry could fire Robert Mueller, WASH. POST, July 27, 

2017; Laura Jarrett, Who’s in charge of the Justice Department if Sessions goes?, CNN, July 26, 

2017; Louis Nelson, Sally Yates and Preet Bharara hammer Trump for criticizing Sessions, PO- LITICO, July 20, 2017. 43Michael S. Schmidt & Adam Goldman, Manafort’s Home Searched as Part of Mueller Inquiry, N.Y. TIMES, Aug. 9, 2017. 44President Donald Trump (@realDonaldTrump), Twitter, July 26, 2017, 9:48 AM. Of course, 

as the Chairman points out, it is ordinarily ‘‘within the President’s constitutional authority to 

fire a subordinate.’’ Markup Tr. (statement of Chairman Bob Goodlatte). 45President Donald Trump (@realDonaldTrump), Twitter, July 26, 2017, 9:56 AM. 

lars to vindicate the former Secretary of State yet again,34 but they 

probably should not do both at the same time. 

III. THE TRUMP ADMINISTRATION HAS PUSHED THE DEPARTMENT OF

JUSTICE INTO CRISIS, BUT THE MAJORITY REFUSES TO ACKNOWL- EDGE THE PROBLEM. 

President Trump has expressed outright contempt for the leadership of the Department of Justice. He fired acting Attorney General 

Sally Yates for failing to defend his unconstitutional immigration 

ban.35 He has attacked the credibility of Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, acting FBI Director Andrew McCabe, and Special Counsel Robert Mueller.36 He 

complained that the Attorney General’s recusal is ‘‘extremely unfair.’’ 37 He warned the Special Counsel that any investigation into 

the Trump family’s finances would be ‘‘a violation’’ and cross ‘‘a red 

line.’’ 38 He claimed for himself the ‘‘complete power to pardon’’ anybody caught up in the Special Counsel’s investigation—including, 

presumably, himself.39 He lambasted Attorney General Sessions for 

failing to investigate his political opponents 40 and interfered with 

Department’s ability to pursue and develop its litigation strategy 

independently.41 As the President threatens to fire the Attorney 

General, the Deputy Attorney General, and the Special Counsel in 

turn, the public debates the proper line of succession at the Department of Justice.42

The President often engages in these attacks without warning, 

but that does not mean his disparagement of Department officials 

is merely impulsive. For example, on July 26, 2017, federal investigators executed a search warrant at the home of former Trump 

campaign manager Paul J. Manafort.43 Hours later, President 

Trump took to Twitter to rail against both the Attorney General 

and the acting Director of the FBI: ‘‘Why didn’t A.G. Sessions replace Acting FBI Director Andrew McCabe, a Comey friend who 

was in charge of [the] Clinton investigation . . .’’ 44 He added: 

‘‘Drain the Swamp!’’ 45 Either the raid and the tweets are unrelated, and the President was merely undermining the leadership of 

15 

46Letter from Ranking Member John Conyers, Jr., et al., to U.S. Attorney General Jeff Sessions, June 12, 2017. 47Letter from Ranking Member John Conyers, Jr., et al., to White House Counsel Donald F. 

McGahn II, June 2, 2017. 48Letter from Ranking Member John Conyers, Jr., et al., to President Donald Trump, May 

24, 2017. 49Letter from Ranking Member John Conyers, Jr., et al., to Deputy Attorney General Rod J. 

Rosenstein, U.S. Dept. of Justice, and Acting Director Andrew G. McCabe, Federal Bureau of 

Investigation, May 9, 2017. 50See, e.g., Letter from Ranking Member John Conyers, Jr., et al., to Chairman Bob Goodlatte, H. Comm. on the Judiciary, July 20, 2017. 51Markup Tr. (statement of Rep. Jamie Raskin). 52 Id. (statement of Chairman Bob Goodlatte). 

the Department again, or they are directly connected, and the 

President was venting his disapproval of an ongoing criminal investigation. Neither case should be acceptable to this Committee. 

This state of affairs is not normal in a functioning government. 

It is profoundly unfair to the career staff of the Department of Justice and the FBI and it deserves immediate consideration by this 

Committee. We, from our position in the Minority, have attempted 

to do something about it. 

Together, we have sent more than a dozen letters to the White 

House and the Department of Justice, asking for information related to a range of matters that fall squarely within our jurisdiction—including the Attorney General’s participation in the firing of 

former FBI Director James Comey,46 the scope of executive privilege,47 the application of the Foreign Emoluments Clause of the 

Constitution to President Trump’s business holdings,48 and the 

preservation of documents related to the pending Russia investigation.49

We have also sent four separate letters urging the Chairman to 

hold hearings with the leadership of the Department of Justice and 

the FBI.50

We have received no meaningful response from the Administration and no direct response from Chairman Goodlatte. 

As introduced, H. Res. 446 was designed to help us make sense 

of the growing crisis at the Department of Justice by obtaining information about the events that appear to have caused President 

Trump to lose faith in its leadership. The Majority refuses to hold 

oversight hearings, or even allow us the courtesy of an up-or-down 

vote on this resolution of inquiry. At markup, Representative Jamie 

Raskin (D–MD) asked Chairman Goodlatte if ‘‘we all agree the special counsel should not be dismissed by the President of the United 

States.’’ 51 The Chairman demurred: ‘‘I think that is a separate 

issue.’’ 52 The President’s repeated threat to fire the special counsel 

is not a separate issue. It is part of the crisis that Representatives 

Jayapal and [Rep.] Cicilline had hoped to force the Committee to 

examine before the Administration does even more damage to the 

integrity of the Department of Justice. 

Instead, the Majority would rather we focus on the much-litigated, never-substantiated ‘‘crimes’’ of Hillary Clinton. As President Trump would say: Sad. 

IV. THE MAJORITY HAS NO EXCUSE FOR FAILING TO CONDUCT

OVERSIGHT OF THE TRUMP ADMINISTRATION. 

Before the Majority gutted H. Res. 446 and reshaped it around 

a long list of largely unsubstantiated conspiracy theories, Chairman Goodlatte voiced his disapproval of our tactics: 

16 

53Markup Tr. (statement of Chairman Bob Goodlatte). 54 Id. 55 Id. Letter from Chairman Charles E. Grassley, S. Comm. on the Judiciary, to Ranking 

Member Dianne Feinstein, S. Comm. on the Judiciary, June 13, 2017. 56Markup Tr. (statement of Chairman Bob Goodlatte). 57 Cong. Research Service, Congressional Investigations of the Department of Justice, 1920– 

2012: History, Law, and Practice, R42811 (Nov. 5, 2012). 58Markup Tr. (statement of Chairman Bob Goodlatte). 59 ‘‘Should we expect that when the FBI finishes its investigation of this matter that no 

charges will be filed? Does the Department allow statements by the President to dictate its inThis resolution seems to be just one more opportunity 

for my colleagues on the other side of the aisle to vicariously voice Hillary Clinton’s long and growing list of reasons why she lost the election.53

We appreciate the Majority’s stated desire to move on from the 

events that brought us the Trump Administration. We have difficulty understanding, however, why those circumstances excuse 

our Committee from its duty to conduct oversight of the executive 

branch—or how the Majority’s new plan to investigate Hillary Clinton, Cheryl Mills, and Huma Abedin will help put the election behind us. 

At markup, the Majority expressed its standard arguments 

against doing oversight of the Trump Administration. None of 

those defenses are convincing. 

The Majority does not believe that the current problems at the 

Department of Justice merit the Committee’s attention because 

‘‘[t]here are other committees that have jurisdiction over parts of 

this.’’ 54 We cannot ignore our oversight responsibilities simply because the House and Senate intelligence committees are investigating similar subject matters. The challenges facing the Department of Justice have expanded far beyond the question of collusion 

with the Russian government. Senator Chuck Grassley (R–IA), 

Chairman of the Senate Committee on the Judiciary, agrees that 

‘‘[t]he Judiciary Committee has an obligation to fully investigate 

any alleged improper partisan inference in law enforcement investigations.’’ 55 Our Senate Judiciary counterparts have begun their 

work in a bipartisan manner, and so should we. 

The Majority also argues that there may not be any oversight 

role for Congress to play at the moment. According to Chairman 

Goodlatte, ‘‘Until Mr. Mueller’s investigation is complete, it is redundant for the House of Representatives to engage in fact-gathering on many of the same issues.’’ 56 Nothing about the special 

counsel investigation prevents us from conducting our own oversight. The Congressional Research Service has compiled nearly a 

century of precedent—from the Palmer Raids of 1920 to the Majority’s own investigation of Operation Fast & Furious in 2011—where 

congressional investigations have overlapped with ongoing investigations at the Department of Justice.57

The Majority insists that we cannot conduct oversight of the Department of Justice while the special counsel investigates the 

Trump Administration—because the Majority falsely claims that 

the Committee also did not ask questions about Hillary Clinton’s 

use of a private email server while that investigation was ongoing. 

For some reason, the Majority believes that the Committee ‘‘did not 

hold any hearings until [Director Comey] completed his investigation’’ of Hillary Clinton.58 The record shows otherwise. In fact, the 

Committee held hearings with both the Attorney General 59 and 

17 

vestigative practices?’’ Oversight of the U.S. Department of Justice: Hearing Before the H. Comm. 

on the Judiciary, 114th Cong. 17 (2015) (statement of Chairman Bob Goodlatte). 60 ‘‘Do you believe that a foreign intelligence agency, particularly an adversary’s, could benefit 

from acquiring and exploiting sensitive and classified information of a top-level U.S. government 

official?’’ Oversight of the Federal Bureau of Investigation: Hearing Before the H. Comm. on the 

Judiciary, 114th Cong. 28 (2015) (statement of Chairman Bob Goodlatte). 61Markup Tr. (statement of Chairman Bob Goodlatte). 62 ‘‘Having determined that there was nothing to prosecute and having announced that quite 

properly . . . to comment . . . that what she did was right or wrong or good or bad is not the 

appropriate role of a prosecuting agency.’’ Oversight of the Federal Bureau of Investigation: 

Hearing Before the H. Comm. on the Judiciary, 114th Cong. 42 (2016) (statement of Rep. Jerrold 

Nadler (D–NY)). 63Letter from Deputy Attorney General Rod J. Rosenstein to Attorney General Jeff Sessions, 

U.S. Dept. of Justice, May 9, 2017. 64 Interview with President Donald Trump, NBC NEWS, May 11, 2017. 65Markup Tr. (statement of Rep. Matthew Gaetz). 

the Director of the FBI 60 while the Clinton investigation was ongoing. The Chairman made a point of asking about the Clinton case 

at each of those hearings, long before the investigation had concluded. 

Finally, the Majority contends that we should not examine the 

removal of former FBI Director [James] Comey because ‘‘it was 

President Trump’s responsibility to fire an FBI Director who had 

clearly transgressed beyond his statutory role as investigator.’’ 61

Many of us disapprove of Mr. Comey’s handling of the Clinton investigation,62 and Deputy Attorney General Rosenstein laid out a 

well-reasoned criticism of Mr. Comey’s conduct on the day Mr. 

Comey was fired.63 But not even the President believes that the 

President fired Mr. Comey because of his treatment of Hillary Clinton. President Trump was explicit: he was thinking of ‘‘this Russia 

thing with Trump and Russia’’ when he took action; the Deputy Attorney General ‘‘made a recommendation, but regardless of recommendation [sic], I was going to fire Comey.’’ 64 The Committee 

has an obligation to examine Mr. Comey’s dismissal. We should do 

so as a matter of routine oversight, if not as part of a specific inquiry into the President’s attempt to derail an ongoing criminal investigation. 

The Majority told us that the Gaetz Amendment was designed to 

uncover Hillary Clinton’s ‘‘real crimes’’ and ‘‘harmful lies.’’ 65 Just 

as we doubt that the President fired Director Comey because of 

how the Clinton investigation was handled, we question whether 

our Majority has closed ranks to defend the President out of a 

sense of fairness to the former Secretary of State. 

CONCLUSION

The Committee has a duty to ask questions of the Trump Administration and to protect the institutions that have been trusted to 

our oversight. As introduced by Representatives Jayapal and 

Cicilline, H. Res. 446 would have helped us to begin asking those 

questions. 

The Gaetz Amendment is a study in irresponsibility. We are 

deeply disappointed that the Majority would endorse a string of 

conspiracy theories cobbled together from some of the most objectionable corners of the Internet. 

We hope that, in the time that has passed between consideration 

of H. Res. 446 and the filing of this report, the Majority has reconsidered the danger of allowing the fringe of the President’s political 

18 

66See, e.g., Julie Bykowicz, President Trump revisits his Charlottesville comments in angry 

speech, ASSOC. PRESS, Aug. 23, 2017; John C. Danforth, The real reason Trump is not a Republican, WASH. POST, Aug. 24, 2017. 

base to dictate the terms of government policy.66 We will continue 

to push for the Committee to conduct meaningful oversight of the 

Department of Justice and its component agencies. We will continue to ask the Majority to join us in this effort before the situation deteriorates even further. 

We oppose H. Res. 446 in its current form, and urge our colleagues to do the same. For these reasons, we dissent. 

MR. CONYERS, JR. 

MR. NADLER. 

MS. LOFGREN. 

MS. JACKSON LEE. 

MR. COHEN. 

MR. JOHNSON, JR. 

MR. DEUTCH. 

MR. GUTIE ́ RREZ. 

MS. BASS. 

MR. RICHMOND. 

MR. JEFFRIES. 

MR. CICILLINE. 

MR. SWALWELL. 

MR. LIEU. 

MS. JAYAPAL. 

MR. RASKIN. 

Æ