IV 

115TH CONGRESS 

2D SESSION H. RES. 907 

Expressing the sense of Congress that the Attorney General of the United 

States should appoint a Special Counsel to investigate misconduct at 

the Department of Justice and Federal Bureau of Investigation, including 

an investigation of abuse of the FISA warrant process, how and why 

the Hillary Clinton probe ended, and how and why the Donald TrumpRussia probe began. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2018 

Mr. ZELDIN (for himself, Mr. GOSAR, Mr. GAETZ, Mr. PERRY, Mr. DESANTIS, 

Mr. MOONEY of West Virginia, Mr. DESJARLAIS, Ms. TENNEY, Mr. 

MEADOWS, Mr. JODY B. HICE of Georgia, Mr. GOHMERT, Mr. ROTHFUS, 

Mr. JORDAN, Mr. BUDD, Mr. ROUZER, Mr. YOHO, Mr. BRAT, Mr. 

ROKITA, Mr. BIGGS, Mr. POE of Texas, Mr. WILLIAMS, Mr. DUNCAN of 

South Carolina, Mr. GIBBS, Mrs. BLACK, and Mr. ISSA) submitted the 

following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Expressing the sense of Congress that the Attorney General 

of the United States should appoint a Special Counsel 

to investigate misconduct at the Department of Justice 

and Federal Bureau of Investigation, including an investigation of abuse of the FISA warrant process, how 

and why the Hillary Clinton probe ended, and how and 

why the Donald Trump-Russia probe began. 

Whereas there is an urgent need for the appointment of a 

second Special Counsel in light of evidence that raises 


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critical concerns about decisions, activities, and inherent 

bias displayed at the highest levels of the Department of 

Justice (DOJ) and Federal Bureau of Investigation 

(FBI) regarding FISA abuse, how and why the Hillary 

Clinton email probe ended, and how and why the Donald 

Trump-Russia probe began; 

Whereas the concerns of the American people are serious and 

the issues requiring an immediate, unbiased, independent, and thorough investigation are broad; 

Whereas misconduct during the 2016 presidential election by 

high-ranking individuals within the FBI and DOJ may 

have led to the premature conclusion of the FBI’s 2016 

probe into then-presidential candidate and former Secretary of State Hillary Clinton; 

Whereas during her tenure as Secretary of State, Hillary 

Clinton violated Federal law, and Department of State 

rules, regulations, and protocol, by using a private email 

server in her Chappaqua, New York, home; 

Whereas official communications were transmitted on an unsecured server and included emails that contained classified information when they were sent, in addition to additional emails which were retroactively deemed classified 

by the Department of State; 

Whereas FBI Director James Comey acknowledged that 65 

of these illicit emails were classified as ‘‘Secret’’ and 22 

were classified as ‘‘Top Secret’’; 

Whereas there is significant evidence that the use of this private server by Secretary Clinton was meant to avoid compliance with the Freedom of Information Act (5 U.S.C. 

552) and done to obstruct justice by not having to turn 

over incriminating emails in the case of a subpoena; 


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Whereas various sensitive emails subject to grand jury and 

congressional subpoenas were destroyed on Secretary 

Clinton’s private server through the use of ‘‘BleachBit’’ 

software and the destruction of hardware before they 

could be obtained by investigators in March 2015; 

Whereas in a September 2015 meeting between then-Attorney General Loretta Lynch and then-Director Comey, the 

Attorney General instructed Director Comey to refer to 

the Clinton email investigation as a ‘‘matter’’, thus watering down the severity of the investigation and aligning 

the FBI’s rhetoric with the messaging of the Clinton 

campaign; 

Whereas Cheryl Mills, who served as Counselor and Chief of 

Staff to Hillary Clinton during her entire tenure as 

United States Secretary of State, was offered immunity 

from prosecution by the FBI during this investigation in 

exchange for access to her laptop that contained many of 

the questionable emails; 

Whereas according to transcripts obtained by the Senate Judiciary Committee, former Director Comey was prepared 

to exonerate Hillary Clinton as early as April or May of 

2016 when he began to draft a statement announcing the 

end of his investigation, before up to 17 key witnesses, 

including former Secretary Clinton and several of her 

closest aides, were interviewed; 

Whereas former Director Comey contradicted these transcripts when he stated during sworn testimony before the 

House Judiciary Committee on September 28, 2016, that 

he made the decision not to recommend criminal charges 

for Secretary Clinton ‘‘after’’ she was interviewed by the 

FBI on July 2, 2016; 


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Whereas Director Comey, in the final draft of his statement, 

allowed FBI Agent Peter Strzok to replace ‘‘grossly negligent’’, which is legally punishable under Federal law, 

with ‘‘extremely careless’’, which is not legally punishable 

under Federal law; 

Whereas Federal law states gross negligence in handling the 

Nation’s intelligence can be punished criminally with 

prison time or fines (18 U.S.C. 793, 798); 

Whereas on June 27, 2016, Attorney General Lynch had a 

covert meeting with former President Bill Clinton aboard 

her plane on the tarmac in Phoenix, Arizona; 

Whereas on July 5, 2016, Director Comey violated DOJ rules 

and unilaterally exonerated then-presidential candidate 

Hillary Clinton in a public statement to the media; 

Whereas one day later, on July 6, 2016, an announcement 

followed from Attorney General Lynch that the DOJ investigation into then-presidential candidate Hillary Clinton would be formally closed with no criminal charges; 

Whereas in September 2016, the FBI, during an examination 

of the personal laptop of former Congressman Anthony 

Weiner as part of an unrelated investigation into him 

sending sexually explicit messages to a teenage girl, discovered previously unexamined Department of State classified emails belonging to his spouse, top Clinton aide 

Huma Abedin; 

Whereas FBI Deputy Director Andrew McCabe’s wife, Dr. 

Jill McCabe, was running for Virginia State Senate at 

the time and, as of October 26th, had received $675,000 

in donations from the Virginia Democratic Party and 

Common Good VA, the Leadership PAC controlled by 


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Democratic Virginia Governor Terry McAuliffe, a longtime Clinton associate; 

Whereas an investigation conducted by the Office of the DOJ 

Inspector General noted that on October 27, 2016, Director Comey required that Deputy Director McCabe remove 

himself from a conference call regarding the Clinton 

emails discovered on Anthony Weiner’s laptop to avoid 

the appearance of a conflict of interest after media reports surfaced noting these questionable political donations; 

Whereas it took until October 28, 2016, for Director Comey 

to announce via a letter to the chairs of the relevant congressional committees that he was reopening the investigation into Hillary Clinton, an additional, egregious 

delay after the FBI failed to even examine the illicit 

emails after the FBI discovered them on Anthony 

Weiner’s computer; 

Whereas further investigation into whether then-FBI Deputy 

Director McCabe and other FBI officials sought to purposely delay the release of these illicit emails for politically motivated purposes is warranted; 

Whereas throughout the Obama Administration, the DOJ 

failed to fully investigate serious concerns surrounding 

former President Clinton, then-Secretary of State Clinton, and the Clinton Foundation’s connection to Russian 

company Uranium One, which received Department of 

State approval to purchase U.S. uranium mines in 2010; 

Whereas throughout Hillary Clinton’s tenure as Secretary of 

State, a family foundation controlled by the Chairman of 

Uranium One made $2,350,000 in contributions to the 

Clinton Foundation which were not publicly disclosed in 


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violation of an agreement Secretary Clinton had with the 

Obama White House to publicly identify all donors; 

Whereas in 2010, while Russian State interests were working 

to both acquire a majority stake in Uranium One and to 

purchase American mines, Bill Clinton was paid 

$500,000 for a speech in Moscow by a Kremlin-linked 

Russian investment bank that was underwriting Uranium 

One stock; 

Whereas a confidential informant who worked with the FBI 

to uncover bribery and other corruption related to the 

Uranium One matter was threatened with reprisal by the 

Justice Department under Attorney General Lynch when 

he tried to come forward in 2016; 

Whereas the Senate Judiciary Committee launched a probe in 

October 2017 to investigate the Uranium One matter, including whether Federal departments and agencies such 

as the Department of State knew the FBI was looking 

into possible corruption before the deal was approved; 

Whereas an investigation conducted by the Office of the DOJ 

Inspector General noted that a multi-State investigation 

into the questionable dealings of the Clinton Foundation 

with corrupt donors was shut down in August 2016, 

when pressure was asserted on the FBI by senior officials 

within the Obama Justice Department; 

Whereas the same Inspector General’s report also noted that 

shutting down this investigation into Clinton Foundation 

impropriety and influence peddling was connected to high 

ranking officials in the DOJ and FBI, including Attorney 

General Lynch, Director Comey, and Deputy Director 

McCabe; 


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Whereas the same Inspector General’s report also found that 

Deputy Director McCabe, after consenting to the political 

pressure to shut down the Clinton Foundation multiState investigation, attempted to later use unauthorized 

leaks to the press to create a false narrative that he was 

opposed to the closure of the investigation and that he 

did this in an attempt to salvage his reputation following 

revelations of questionable Clinton-connected money 

being donated to his wife’s Virginia State Senate campaign; 

Whereas in October 2016, the FBI and DOJ used politically 

biased, unverified sources to obtain warrants issued by 

the United States Foreign Intelligence Surveillance Court 

of Review (FISA Court) that aided in the surveillance of 

U.S. citizens, including Carter Page; 

Whereas these warrants grant U.S. intelligence and law enforcement agencies sweeping power to collect bulk information and conduct ‘‘about collection’’, which results in 

surveillance of a broad array of private communications 

from the past, present, and future, including those of 

U.S. citizens not specifically targeted in the FISA authorized warrant; 

Whereas to obtain these warrants, FBI and DOJ officials 

submitted an unverified dossier prepared by Christopher 

Steele to the FISA Court, failing to disclose that Christopher Steele was hired by the firm Fusion GPS, which 

was hired by the Democratic National Committee and 

Hillary Clinton campaign to prepare this dossier and that 

the source was unreliable and was soon thereafter going 

to be terminated as a source; 

Whereas the FISA Court was not informed that Christopher 

Steele was actively opposed to the election of Donald 


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Trump, that he was the unnamed source cited in the 

media reports that the FBI used to corroborate his dossier, and that Fusion GPS had been hired to perform 

previous anti-Trump research efforts in 2015; 

Whereas the Woods Procedures, which are the FBI’s mandatory vetting process required for all FISA warrant applications instituted to ensure that all the facts contained 

in an application are accurate and verified to clearly support probable cause for a warrant, were not followed; 

Whereas former Director Comey admitted in sworn testimony 

to the Senate Judiciary Committee on June 8, 2017, that 

material contained in the Steele dossier was known to be 

both ‘‘salacious’’ and ‘‘unverified’’; 

Whereas since FISA warrant applications are rarely turned 

down, are almost never subject to appeal, and are presented in closed court with no public record where the 

Government is not challenged by any defense, it is imperative that the Government take extra care to validate the 

information being utilized to build their case before they 

take the extraordinary step of waiving rights of a U.S. 

citizen without his or her knowledge or the opportunity 

to present a defense; 

Whereas at the FISA Court, the Government has a responsibility not only to provide its best evidence in support of 

its case, but also to provide the best evidence against its 

case; 

Whereas these deeply flawed and questionable FISA warrant 

applications utilizing illicit sources and politically biased 

intelligence were approved by DOJ and FBI officials at 

the highest levels before being submitted to the FISA 

Court; 


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Whereas it was further not disclosed to the FISA court that 

the wife of fourth-ranking DOJ official Bruce Ohr 

worked for Fusion GPS and that Christopher Steele directly transmitted the dossier and other information 

through Bruce Ohr for submission to the FISA court; 

Whereas to this day there does not appear to be any evidence 

that President Trump colluded with the Russians to win 

the 2016 election; 

Whereas the initial FBI probe into the Trump Campaign and 

alleged collusion with Russia was launched in July 2016, 

based on questionable and insufficient intelligence and biased motivations; 

Whereas former Director Comey prepared a series of seven 

memoranda containing classified information, including 

notes on his conversations with President Trump; 

Whereas former Director Comey admitted in sworn testimony 

to the Senate Committee on Intelligence on June 8, 

2017, that he had leaked this content to a personal 

friend and encouraged that friend to share the material 

with the press in order to trigger a Special Counsel investigation; 

Whereas an investigation conducted by the Senate Judiciary 

Committee later revealed that the personal friend of Director Comey was Professor Daniel Richman of Columbia 

Law School and that Director Comey provided him with 

four of the seven memoranda; 

Whereas Director Comey’s actions are a clear violation of 

non-disclosure agreements he signed as a condition of his 

appointment and a clear violation of FBI protocols regarding the dissemination of sensitive information outside 


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of the Bureau which are based on provisions of the Privacy Act of 1974 (5 U.S.C. 552a); 

Whereas text messages exchanged between FBI Agent Strzok 

and FBI Counsel Lisa Page, during the period of August 

16, 2015, to May 17, 2017, contain serious evidence of 

political bias and the improper handling of investigations 

within the agency; 

Whereas the texts contain egregious evidence of bias against 

President Trump, including Lisa Page stating ‘‘Trump 

should go f himself’’ and Peter Strzok stating ‘‘F 

TRUMP’’; 

Whereas those text messages were not stored within the FBI 

archive system, an egregious oversight blamed on a technical glitch, and even after these messages were partially 

recovered by the Bureau’s Inspector General in January 

2018, many unanswered questions remain regarding impropriety and bias; 

Whereas in March 2018, former FBI Deputy Director 

McCabe was fired by Attorney General Jeff Sessions who 

noted that Deputy Director McCabe ‘‘lacked candor—including under oath—on multiple occasions’’ and had partaken in ‘‘unauthorized disclosure to the news media’’, 

among other violations noted in a report issued by the 

Office of the DOJ Inspector General after a wide-reaching investigation into Deputy Director McCabe’s conduct; 

Whereas a myriad of DOJ and FBI personnel have been fired 

or demoted, or have resigned, including FBI Director 

Comey, Deputy Director McCabe, Chief of Staff to the 

Director James Rybicki, FBI General Counsel James 

Baker, FBI Agent Strzok, FBI Counsel Page, FBI Special Agent Josh Campbell, DOJ Senior Official Ohr, FBI 


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Assistant Director Michael Kortan, and Assistant Attorney General Peter Kadzik; 

Whereas evidence has come to light that raises serious concerns about egregious misconduct within the DOJ and 

FBI rooted in political bias; 

Whereas the DOJ, FBI, or both appear to have planted at 

least one person into Donald Trump’s Presidential campaign to infiltrate and surveil the campaign; 

Whereas the DOJ has failed to timely comply with several related document requests by Congress; 

Whereas providing Members of Congress with heavily redacted versions of some but not all of the documents demanded and offering Members limited in-person viewing 

of these documents is an inadequate response to repeated 

requests after months of delay by the DOJ; 

Whereas the mission of the Office of the DOJ Inspector General is limited to detecting and deterring waste, fraud, 

abuse, and misconduct in DOJ programs and personnel 

and promoting economy and efficiency in those programs, 

and a fully independent Special Counsel has greater autonomy than an Inspector General or Federal prosecutors 

to run a non-biased investigation and if necessary bring 

forth criminal charges; and 

Whereas the DOJ and FBI cannot be expected to fully investigate themselves regarding this matter: Now, therefore, 

be it 

1 Resolved, That it is the sense of Congress that— 

2 (1) DOJ, FBI, and all Federal law enforcement 

3 agencies have a sacred duty to uphold our Constitu4 tion and to protect our country without any partisan 


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1 or ideological inclination affecting their important 

2 work; 

3 (2) Congress acknowledges with gratitude that 

4 the vast majority of the men and women who serve 

5 within these critical agencies do so with the utmost 

6 integrity, independence, patriotism, and commitment 

7 to the rule of law; 

8 (3) misconduct regarding FISA abuse, how and 

9 why the Hillary Clinton probe ended, and how and 

10 why the Trump-Russia probe began should imme11 diately be investigated by a Special Counsel who can 

12 act independently; and 

13 (4) the Attorney General of the United States 

14 should immediately appoint a Special Counsel to 

15 conduct a thorough and independent investigation of 

16 these grave concerns. 

Æ 


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