[House Hearing, 118 Congress] [From the U.S. Government Publishing Office] HEARING ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT ======================================================================= HEARING BEFORE THE SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT OF THE COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTEENTH CONGRESS FIRST SESSION __________ THURSDAY, FEBRUARY 9, 2023 __________ Serial No. 118-3 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 51-365PDF WASHINGTON : 2023 COMMITTEE ON THE JUDICIARY JIM JORDAN, Ohio, Chair DARRELL ISSA, California JERROLD NADLER, New York, Ranking KEN BUCK, Colorado Member MATT GAETZ, Florida ZOE LOFGREN, California MIKE JOHNSON, Louisiana SHEILA JACKSON LEE, Texas ANDY BIGGS, Arizona STEVE COHEN, Tennessee TOM McCLINTOCK, California HENRY C. ``HANK'' JOHNSON, Jr., TOM TIFFANY, Wisconsin Georgia THOMAS MASSIE, Kentucky ADAM SCHIFF, California CHIP ROY, Texas DAVID N. CICILLINE, Rhode Island DAN BISHOP, North Carolina ERIC SWALWELL, California VICTORIA SPARTZ, Indiana TED LIEU, California SCOTT FITZGERALD, Wisconsin PRAMILA JAYAPAL, Washington CLIFF BENTZ, Oregon J. LUIS CORREA, California BEN CLINE, Virginia MARY GAY SCANLON, Pennsylvania LANCE GOODEN, Texas JOE NEGUSE, Colorado JEFF VAN DREW, New Jersey LUCY McBATH, Georgia TROY NEHLS, Texas MADELEINE DEAN, Pennsylvania BARRY MOORE, Alabama VERONICA ESCOBAR, Texas KEVIN KILEY, California DEBORAH ROSS, North Carolina HARRIET HAGEMAN, Wyoming CORI BUSH, Missouri NATHANIEL MORAN, Texas GLENN IVEY, Maryland LAUREL LEE, Florida WESLEY HUNT, Texas RUSSELL FRY, South Carolina ------ SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT JIM JORDAN, Ohio, Chair DARRELL ISSA, California STACEY PLASKETT, Virgin Islands, THOMAS MASSIE, Kentucky Ranking Member CHRIS STEWART, Utah STEPHEN LYNCH, Massachusetts ELISE M. STEFANIK, New York LINDA SANCHEZ, California MATT GAETZ, Florida DEBBIE WASSERMAN SCHULTZ, Florida MIKE JOHNSON, Louisiana GERRY CONNOLLY, Virginia KELLY ARMSTRONG, North Dakota JOHN GARAMENDI, California W. GREGORY STEUBE, Florida COLIN ALLRED, Texas DAN BISHOP, North Carolina SYLVIA GARCIA, Texas KAT CAMMACK, Florida DAN GOLDMAN, New York HARRIET HAGEMAN, Wyoming CHRISTOPHER HIXON, Majority Staff Director CAROLINE NABITY, Chief Counsel for Oversight AMY RUTKIN, Minority Staff Director & Chief of Staff CHRISTINA CALCE, Minority Chief Oversight Counsel C O N T E N T S ---------- Thursday, February 9, 2023 Page OPENING STATEMENTS The Honorable Jim Jordan, Chair of the Committee on the Judiciary from the State of Ohio......................................... 1 The Honorable Stacey Plaskett, Ranking Member of the Select Subcommittee on the Weaponization of the Federal Government from the Virgin Islands........................................ 2 WITNESSES Panel I Hon. Chuck Grassley, U.S. Senator, Iowa Oral Testimony................................................. 5 Prepared Testimony............................................. 10 Hon. Ron Johnson, U.S. Senator, Wisconsin Oral Testimony................................................. 14 Prepared Testimony............................................. 18 Hon. Jamie Raskin, Maryland Oral Testimony................................................. 21 Hon. Tulsi Gabbard, Hawaii Oral Testimony................................................. 25 Prepared Testimony............................................. 31 Panel II Thomas Baker, International Law Enforcement Consultant, former FBI Agent Oral Testimony................................................. 37 Prepared Testimony............................................. 40 Jonathan Turley, Professor, George Washington University Law Center Oral Testimony................................................. 49 Prepared Testimony............................................. 51 Elliot Williams, Principal, The Raben Group Oral Testimony................................................. 71 Prepared Testimony............................................. 73 Nicole Parker, Former FBI Agent Oral Testimony................................................. 79 Prepared Testimony............................................. 82 LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING All materials submitted for the record by the Select Subcommittee on the Weaponization of the Federal Government are listed below 126 Materials submitted by the Honorable Matt Gaetz, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Florida, for the record A list of past and present clients of The Raben Group A report submitted by the Committee on the Judiciary entitled, ``FBI Whistleblowers: What Their Disclosures Indicate about the Politicization of the FBI and Justice Department,'' November 4, 2022 A letter from Citizens for Responsibility & Ethics in Washington, submitted by the Honorable Sylvia Garcia, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Texas, for the record APPENDIX Materials submitted by Senator Ron Johnson from the State of Wisconsin, for the record An article entitled, ``We need answers to questions mainstream media won't ask about Democrats,'' October 10, 2019, The Hill An article entitled, ``Russian Disinformation Fed the FBI's Trump Investigation,'' April 10, 2020, Wall Street Journal | Opinion An article entitled, ``The Press Versus the President, Part One,'' Columbia Journalism Rev., January 30, 2023 A letter from Senator Johnson from the State of Wisconsin to Senator Gary C. Peters from the State of Michigan, January 2, 2020 A letter from Senator Johnson from the State of Wisconsin to Senator Gary C. Peters from the State of Michigan, February 24, 2020 A letter from Senator Johnson from the State of Wisconsin to the Members of the Senate Committee on Homeland Security and Governmental Affairs, March 1, 2020 A letter from Senator Johnson from the State of Wisconsin to Senator Gary C. Peters from the State of Michigan, March 9, 2020 A letter from Senator Johnson from the State of Wisconsin and Senator Grassley from the State of Iowa, to the Minority Leader Schumer, Senator Warner, Speaker Pelosi, and Chair Schiff, August 10, 2020 A letter from the U.S. Senate Committee on Homeland Security and Governmental Affairs, August 10, 2020 A letter from Senator Johnson from the State of Wisconsin to Inspector General Christopher Wray, October 17, 2020 A letter from the Senator Johnson from the State of Wisconsin to Michael E. Horowitz, October 21, 2020 A letter to the FBI Director Christopher Wray and DNI Director Avril Haines, May 3, 2021 A letter from Senator Grassley from the State of Iowa to Attorney General Merrick Garland and FBI Director Christopher Wray, July 25, 2022 A letter to General Garland, Director Haines, Director Wray, and the Inspector General Horowitz, July 26, 2022 A letter from Senator Johnson from the State of Wisconsin to Inspector General Horowitz, August 23, 2022 A letter from Senator Johnson from the State of Wisconsin to Nikki Floris and Bradley Benavides at the FBI, August 25, 2022 A letter from Senator Johnson from the State of Wisconsin to Mr. Zuckerberg, August 29, 2022 A letter from the Senator Johnson from the State of Wisconsin to Attorney General Garland and FBI Director Wray, August 29, 2022 A letter to Attorney General Garland, FBI Director Wray and Delaware District Attorney Weiss, October 13, 2022 A letter from Senator Grassley from the State of Iowa and Senator Johnson from the State of Wisconsin, to Delaware District Attorney David Weiss, October 26, 2022 A report from Senator Grassley from the State of Iowa entitled, ``Grassley Raises Concerns over Obama Admin Approval of U.S. Tech Company Joint Sale to Chinese Government and Investment Firm Linked to Biden, Kerry Families,'' August 15, 2019 A report by the Senator Grassley from the State of Iowa entitled, ``Hunter Biden, Burisma, and Corruption: The Impact on U.S. Government Policy and Related Concerns,'' September 23, 2020, U.S. Senate Committee on Homeland Security & Governmental Affairs A report from the Senate Committee on Finance and Committee on Homeland Security and Governmental Affairs, November 18, 2020 A report from Senator Grassley from the State of Iowa's entitled ``Whistleblowers' Reports Reveal Double Standard in Pursuit of Politically Charges Investigations by Senior FBI, DOJ Officials,'' July 25, 2022 A report from Senator Grassley from the State of Iowa entitled, ``Grassley, Johnson on Call on FBI to Explain Interference in Hunter Biden Investigation,'' August 26, 2022 A report from Senator Grassley from the State of Iowa entitled, ``FBI Possesses Significant, Impactful, Voluminous Evidence of Potential Criminality in Biden Family Business Arrangements,'' October 17, 2022 A report from Senator Grassley from the State of Iowa's entitled, ``Grassley, Johnson Share Investigative Material with Prosecutors in Hunter Biden Criminal Probe,'' February 9, 2023 A report from Senator Grassley from the State of Iowa's entitled, ``Hunter Biden, Burisma, and Corruption: The Impact on U.S. Government Policy and Related Concerns'' A Floor Statement by Senator Johnson from the State of Wisconsin and Senator Grassley from the State of Iowa on the Biden Family Investigation--Part I A Floor Statement by Senator Johnson from the State of Wisconsin and Senator Grassley from the State of Iowa on the Biden Family Investigation--Part II A Floor Statement by Senator Johnson from the State of Wisconsin and Senator Grassley from the State of Iowa on the Biden Family Investigation--Part III A Floor Statement #1 from Senator Grassley from the State of Iowa and Senator Johnson from State of Wisconsin A Floor Statement #2 from Senator Grassley from the State of Iowa and Senator Johnson from State of Wisconsin A Floor Statement #3 from Senator Grassley from the State of Iowa and Senator Johnson from the State of Wisconsin A statement from Senator Grassley from the State of Iowa's for the Senate Record entitled, ``Combatting Russian Disinformation,'' September 16, 2020 A statement from the Honorable Gerry Connolly, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Virginia, for the record A memorandum from the Attorney General addressing threats against school board members, submitted by the Honorable John Garamendi, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of California, for the record Testimony of Defending Rights & Dissent, submitted by the Honorable Stacey Plaskett, Ranking Member of the Select Subcommittee on the Weaponization of the Federal Government from the Virgin Islands, for the record HEARING ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT ---------- Thursday, February 9, 2023 House of Representatives Select Subcommittee on the Weaponization of the Federal Government Committee on the Judiciary Washington, DC The subcommittee met, pursuant to notice, at 12:33 p.m., in Room 2141, Rayburn House Office Building, Hon. Jim Jordan Chair of the Subcommittee presiding. Present: Representatives Jordan, Issa, Massie, Stewart, Stefanik, Gaetz, Johnson, Armstrong, Bishop, Cammack, Hageman, Plaskett, Lynch, Sanchez, Wasserman Schultz, Connolly, Garamendi, Allred, Garcia, and Goldman. Chair Jordan. The Subcommittee will come to order. Without objection, the Chair is authorized to declare a recess at any time. We welcome everyone to this first hearing of the Select Subcommittee. The Chair now recognizes the gentleman from Florida, Mr. Gaetz, to lead us in the pledge of allegiance. All. I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all. Chair Jordan. The Chair now recognizes himself for an opening statement. On November 18, 2021, an FBI whistleblower discloses to Republicans on the House Judiciary that the FBI created a threat tag for parents voicing their concerns at school board meetings. On April 26, 2022, another FBI whistleblower discloses that the FBI employees are being run out of the Bureau for attending conservative political events. On May 11, 2022, another FBI whistleblower discloses that dozens of parents with the threat tag designation to their name are investigated by the FBI. This also happens to be the same whistleblower who said the FBI leadership, not the rank-and- file members, the FBI leadership is rotted at its core. His clearance has been revoked and he has been suspended. On June 7, 2022, another FBI whistleblower is retaliated against after giving feedback on an anonymous survey. On July 27, 2022, another FBI whistleblower discloses that agents are pressured to reclassify cases as domestic violent extremism cases to hit self-created performance metrics. On September 14, 2022, an FBI whistleblower discloses that the FBI views the Betsy Ross flag as a terrorist symbol. On September 19, 2022, another FBI whistleblower discloses that the Washington Field Office is deliberately manipulating January 6th case files to make it appear that domestic violence extremism is on the rise. He has been suspended. On November 4, 2022, another FBI whistleblower discloses the FBI accepts private user information from Facebook without the user's consent and information is from only the conservative side of the political spectrum. This is only a sampling. In my time in Congress, I have never seen anything like this. Dozens and dozens of whistleblowers, FBI agents coming to us, talking about what is going on, the political nature at the Justice Department. Not Jim Jordan saying this, not Republicans, not conservatives; good, brave FBI agents who are willing to come forward and give us the truth. This is just the FBI. Americans have concerns about the double standard at the Department of Justice. Americans have concerns about the disinformation governance board that the Department of Homeland Security tried to form. Americans have concerns about the ATF and what they are doing to the Second Amendment. Of course, they have concerns about the IRS and the thousands of new agents who are coming to that organization. Finally, there are concerns about what we have learned in the Twitter files, where Big Government and Big Tech colluded to shape and mold the narrative and to suppress information and censor Americans. Over the course of our work in this committee, we expect to hear from government officials and experts, like we have here today; we expect to hear from Americans who have been targeted by their government; we expect to hear from people in the media; and we expect to hear from the FBI agents who have come forward as whistleblowers. We think many of them will sit for transcribed interviews, as one did on Tuesday, and we believe several of them will come and testify in open hearings. Finally, we expect to bring forward legislation that will help protect the American people. We hope our Democrat colleagues will work with us. The day the resolution creating this Subcommittee was debated and passed, though, Mr. Jeffries, Mr. Nadler said Democrats would, quote, fight us ``tooth and nail.'' We hope that attitude changes. We want to work with them. Protecting the First Amendment shouldn't be partisan, protecting the Constitution shouldn't be partisan, and protecting the fundamental principle of equal treatment under the law should not be partisan. With that, I yield to the Ranking Member for her opening statement. Ms. Plaskett. Thank you, Chair Jordan. Nobody disputes the important role of congressional oversight. I know firsthand how important it is to ask questions and demand answers of the Federal government. In the ordinary course of business, that work informs the legislative process. In extraordinary times, when misconduct in the Executive Branch threatens to undermine our democratic institutions, congressional oversight can serve to protect the integrity of our republic. For example, I am proud of the role I played as an impeachment manager in the second impeachment of President Donald Trump in the aftermath of the attack on the Capitol. That bipartisan work was both a measure of accountability and a sign to the American people that Congress had no intention of being bullied into giving up on a peaceful transfer of power. There is a difference, my colleagues, between legitimate oversight and weaponization of Congress and our processes, particularly our committee work, as a political tool. I am deeply concerned about the use of this select Subcommittee as a place to settle scores, showcase conspiracy theories, and advance an extreme agenda that risks undermining Americans' faith in our democracy. Some of today's witnesses would have us believe that the Department of Justice and the Federal Bureau of Investigation are part of a deep-state cabal. One even wrote a book describing the FBI itself as a threat to democracy. The Department of Justice and the FBI do not always get it right. History is full of examples of these agencies getting it very, very wrong. We have colleagues in this Congress who have been subject to politically motivated, hateful, racist investigations by our government. It does not logically follow that every investigation or criminal inquiry by the FBI or the Department of Justice is political or ideologically based. In our current climate, with domestic terrorism on the rise and hate speech normalized by national politicians, the Department of Justice and the FBI are doing their best to protect us from sliding into chaos. This past Monday, the FBI captured two individuals, one a neo-Nazi leader and founder of an Atomwaffen group, who were plotting a racially motivated attack on Baltimore's power grid. They said their goal was to, quote, ``completely destroy this whole city,'' unquote. Last week, the FBI infiltrated and disrupted a major cyber- criminal group extorting schools, hospitals, and critical infrastructure around the world. Last summer, the FBI engaged in a mass violent crime enforcement effort that took nearly 6,000 violent criminals off of our American streets. Let's not forget the tremendous work of the FBI and the Department of Justice after the attacks on our homeland on September 11, 2001. Some of my Republican colleagues love to talk about the threat of violent crime, but they appear oblivious to the fact that their dangerous rhetoric and baseless accusations against the Justice Department and FBI, itself, at times pose a direct threat to those organizations' ability to do the work that they are doing to protect our communities. Recent threat bulletins have highlighted a shocking increase in threats of violence against law enforcement agencies and a significant uptick after the FBI executed a search warrant of President Trump's property at Mar-a-Lago. The Federal Law Enforcement Officers Association has vehemently denounced what he described as, quote, ``politically motivated threats that are unprecedented in recent history and absolutely unacceptable,'' end quote. Unfortunately, examples of these threats are not hard to find. Last year, someone threatened to plant a dirty bomb outside the FBI headquarters. Another attempted to storm the Cincinnati FBI Field Office while wearing body armor and carrying an AR-type rifle. A third was arrested after he made a credible threat, stating, quote, ``every single piece of [expletive] who works for the FBI in any capacity, from the director on down to the janitor who cleans their [expletive] toilets, deserve to die. You have declared war on us, and now it is open season on you,'' end quote. These allegations are deeply troubling, and I hope that the Chair and Members of this Subcommittee will be mindful of the risks that go hand-in-hand with heated rhetoric. A rush to accusations and subpoenas without a factual basis and without any effort to engage with agencies through the accommodation process flies in the face of due process and demeans the congressional oversight process. It makes a mockery of our institution. As a former prosecutor, I am even more troubled by the suggestion that this Subcommittee may attempt to investigate ongoing criminal investigations. As the head of the Reagan Justice Department's Office of Legal Counsel wrote years ago, granting Congress access to information about active criminal investigations will, in effect, make Congress a partner in the investigation, creating a, quote, ``substantial danger that congressional pressures will influence in the course of the investigation'' and potentially, quote, ``hamper prosecutorial decisionmaking in future cases.'' This would not only damage law enforcement efforts, but it would also shake the public's confidence in the criminal justice system. I hope not. I suspect much of the investigations the majority, my Republican colleagues, want to look into and potentially muck up involve criminal investigations into former President Donald Trump. I want to be crystal-clear: My Democratic colleagues and I will resist any attempt by this Subcommittee to derail ongoing legitimate investigations into President Trump, any other President, and others within his orbit. During the course of this Subcommittee's work, I suspect we will hear both Members and witnesses describe the events of January 6, 2021, in ways that simply do not mesh with reality. When this happens, I would encourage everyone watching today to review the impeachment record and report of the January 6th Select Committee, which lays out the true facts in shocking detail. I recently sent a letter to the Chair noting that, despite our policy and political differences, I am hopeful that there may be matters of investigation within the stated mandate of this Subcommittee under which we may collaborate. I meant this. I mean this. I still hope that we can find common ground and explore it in a bipartisan manner that respects the due process rights and interests of all involved. The Chair and his colleagues continually use the moniker of protecting free speech. That sounds good. I hope they all recognize that there is speech that is not constitutionally protected--racist, hate, and incitement to violence. I also hope that the protection of free speech extends to all Americans. We will see. I hope that we can use this Subcommittee to conduct legitimate oversight to help advance policies to address the real challenges that Americans face every day, rather than undermine every agent, officer, and prosecutor on the job. Government abuses of power do not solely rest with the Executive Branch. It can, and we have seen it, come from the Legislative Branch as well. On our present course, however, this exercise seems little more than a political stunt designed to inject extremist politics into the legislative oversight function and the justice system. The American people deserve better than that. Thank you, Mr. Chair, and I yield back. Chair Jordan. I thank the Ranking Member. Without objection, all other opening statements will be included in the record. Chair Jordan. We will now introduce our first panel of witnesses. Senator Chuck Grassley has represented Iowa in the U.S. Senate since 1981. He is currently the Ranking Member of the Senate Committee on Budget. He is former Chair and Ranking Member of the Committee on the Judiciary and the Committee on Finance. Welcome, Senator Grassley. Senator Ron Johnson has represented the State of Wisconsin in the U.S. Senate since 2011. He has served as the Chair of the Senate Homeland Security and Government Affairs Committee. We welcome you, Senator Johnson. Representative Raskin. Congressman Raskin has represented Maryland's Eighth Congressional District since 2017. He currently serves as the Ranking Member on the Committee of Oversight and Accountability. We have with us former Member Tulsi Gabbard, who represented Hawaii's Second Congressional District for eight years in the House of Representatives. For nearly 20 years, she has served our country in the Hawaii Army National Guard and U.S. Army Reserve, including deployments in Iraq and Kuwait. We thank all of you for your service. Our longstanding committee practice is to not ask questions of our colleagues and former colleagues that appear before us. In light of that practice, our first panel will have 10 minutes to deliver their testimony. Again, we thank you for being here. The Senator from Iowa is recognized for 10 minutes. STATEMENT OF THE HON. CHARLES GRASSLEY Senator Grassley. Thank you, Chair Jordan and Ranking Member Plaskett, for this opportunity to appear. I thank you for inviting me to come here. What I am about to tell you sounds like it is out of some fiction, spy thriller, but it actually happened and it happened in our own government. Congressional oversight is a constitutional demand. We dedicate our careers to it, I have at least. During the course of my service, I have ran countless investigations. In the past few years, I have never seen so much effort from the FBI, the partisan media and some of my Democratic colleagues to interfere with and undermine very legitimate congressional inquiries. It's become a triad of disinformation and outright falsehoods. As one example, look at Crossfire Hurricane. Bit by bit, piece by piece, it has been deconstructed and shown to be a politically motivated investigation, which it was. We all know now that it was the Democratic National Committee, along with the Clinton campaign who colluded with the Russians. They used a former British spy, Fusion GPS, and a law firm, to create a fake dossier and then tried to cover it up. Now, the most recent example of this triad at work, our efforts against my and Senator Johnson's ongoing Biden family investigation. That investigation started on August 14, 2019, when I was Chair of the Senate Finance Committee with a letter that I wrote to the Treasury Department. My letter was about a questionable financial transaction subject to the Committee on Foreign Investment that related to a matter involving the Biden family. As our investigation continued and advanced, Democratic leadership and partisan media began their attack on our investigation. This is where that spy thriller starts to heat up. On July 13, 2020, then Minority Leader Schumer, Senator Warner, then Speaker Pelosi and then Chair Schiff sent a letter with a classified attachment to the FBI. That letter expressed a purported belief that Congress was the subject of a foreign disinformation campaign. The letter was targeted at the Johnson, Grassley investigation. However, the classified attachment included unclassified elements that attempted and failed to tie our work to a Russian agent named Andrii Derkach. Unsurprisingly, those unclassified elements were leaked to the press to support a false campaign, accusing Senator Johnson and me of relying on material from a Russian agent, and thus advancing Russian disinformation. Of course, it was pure nonsense that the irresponsible media portrayed this all as the truth. Guess what then? Chair Schiff claimed, without any evidence whatsoever, that our oversight work was rooted in Russian disinformation. Of course, he conveniently left out that our oversight work was actually rooted in official U.S. Government and Obama Administration records. Then guess what? Senator Blumenthal also wrote an op ed in The Washington Post accusing our investigation of, quote, ``Perpetuating Russian disinformation in the U.S. Senate,'' end quote. Then, guess what? Minority Leader Schumer and then Ranking Member Wyden tried to offer a resolution in the Senate disparaging our Biden investigation. They, in a sense, were basically calling us Russian stooges. Pretty simple, that violated Senate rules and their efforts, of course, were appropriately shut down. On July 16, 2020, mere days after the July 13th letter, then Ranking Members Wyden and Peters, wrote a letter to me and Senator Johnson asking for a briefing from the FBI's Foreign Influence Task Force. Our staff and the Ranking Members' staff had already--now, remember we had already received a briefing March 2020 that put the issue to rest. So, why another briefing? The point being there was no real purpose for another briefing, let alone a member-level briefing other than to further undermine our investigation. Some of our Democratic colleagues weren't interested in anything but using the briefing to try and destroy our investigation. At these Democrats' insistence, the FBI caved. In August 2020, Senator Johnson and I had that infamous briefing from the FBI that was needless. Then as we had feared, the contents of that briefing were later leaked to The Washington Post, even though the FBI had promised us confidentiality. That leak outrageously and inaccurately connected that FBI briefing to our investigation in another effort to falsely label our good government oversight work as Russian disinformation. Now, The Wall Street Journal editorial board was on top of it because that board did the right thing and wrote a piece about the briefing titled, quote, ``The FBI's Dubious Briefing. Did the bureau set up two GOP Senators at the behest of Democrats?'' end of quote. So, simply put, the briefing was unnecessary and completely irrelevant to the substance of our investigation. It was only done because the Democrats wanted to do so they could try and smear us. The FBI wrongly did their bidding. To this very day Director Wray refuses to provide Senator Johnson and me, as constitutional officers, records relating to that briefing, including the alleged intelligence basis for it. Director Wray has consistently failed to perform duties required of his position. Now, another example of this Democratic disinformation campaign involved a George Kent, former State Department Deputy Assistant Secretary. Senator Johnson and I ran a transcribed interview with George Kent. Before the interview, Democrats acquired material from that Russian agent, the same one that I mentioned earlier. At the interview, Democrats, not Republicans, Democrats asked Mr. Kent about the same material. Mr. Kent said it was disinformation. Now, think about that, after all the spears the Democrats were throwing at the two of us, in the end, it was the Democrats who introduced Russian disinformation from a Russian agent into the investigative record as an exhibit. A foreign agent whom our own intelligence community warned was actively seeking to influence U.S. politics. Not me or Senator Johnson. Not our staff. It was the Democrats who inserted disinformation from the Russians into our official record. The partisan media and Democrat leadership ought to be ashamed of themselves for fake information that they spread about our investigation. So, in the end, they all failed to stop Senator Johnson and me. On September 23, 2020, Senator Johnson and I released our first Biden investigation report. Now, I know there has been a lot of talk in this town about Treasury records and you ought to pursue them. In that 2020 report, we made public the contents of many Treasury records, but we didn't stop there. We issued another report, November 18, 2020. Our report exposed extensive financial relationships between Hunter and James Biden and Chinese nationals connected to the Communist regime. More precisely, Chinese nationals connected to the Chinese government's military and intelligence services. With the new Congress, of course, Senator Johnson and I transitioned to be Ranking Members. We hadn't forgotten about what the triad of partisan media, the FBI, the Democratic leadership did to us. So, we don't stop. We did what any congressional investigator worth their salt would do, we gathered even more records to prove them all wrong. We acquired authentic bank records that substantiated findings of our previous two reports. They financially linked Hunter Biden and James Biden to entities and individuals connected with the Communist Chinese regime. We also acquired business records with Hunter and James Biden's signatures, alongside those same Chinese nationals. How were they supposed to be paid? According to bank records there were wires from companies linked to the Communist regime. In three floor speeches, we made those bank records public and asked this question to our partisan detractors, the same ones that I mentioned throughout my remarks and maybe a lot of others: Are these official bank records Russian disinformation? We also shared hundreds of pages of bank records with U.S. Attorney Weiss. He failed to respond. Now, as our investigation continues, whistleblowers approached my office with allegations that the FBI created an assessment in August 2020, the same month that the FBI briefed me and Senator Johnson. According to these whistleblowers, that assessment was used by FBI headquarters to improperly discredit negative Hunter Biden information as, you might expect, disinformation. As a result, this scheme allegedly caused investigative activity to entirely cease. It has been further alleged to me that in September 2020, the same month Senator Johnson and I released our first report, those FBI headquarters personnel began placing their analysis of the credibility of reporting related to the Biden family in what I have been told is a restricted access subfile. Further allegations to my office involved FBI personnel at the Washington Field Office, who improperly ordered information to be closed by the FBI related to Hunter Biden's potential criminal conduct in October 2020 just before the election, even though it was verified, or it was verifiable. Other whistleblower disclosures to my office made clear that the FBI has, within its possession, very significant, impactful, and voluminous evidence with respect to potential criminal conduct by Hunter and James Biden. These disclosures also allege that Joe Biden was aware of Hunter Biden's business arrangements and may have been involved in some of them. We still aren't sure what has been done with this information. The FBI's track record doesn't create much faith that the information is going to be followed up on. It is clear to me that the Justice Department and the FBI are suffering from a political infection that if it is not defeated, will cause the American people no longer to trust these storied institutions. It will also threaten the American way of life. Unfortunately, what you have heard from me, this story of government abuse and political treachery is scarier than fiction, it really happened. Mr. Chair, your committee here so assembled has an opportunity to help us write the last chapter in this real-life drama. You must relentlessly pursue the facts and the evidence. Senator Johnson and I will do the same and are willing to work with you. Thank you. [The prepared statement of Senator Grassley follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you so much, Senator Grassley. Senator Johnson. STATEMENT OF THE HON. RON JOHNSON Senator Johnson. Thank you, Chair Jordan, Ranking Member Plaskett, Members of the Select Committee. Thank you for inviting me to testify about my personal knowledge and experience with Federal agencies being weaponized against U.S. citizens. Senator Grassley has just described the most egregious examples undertaken by multiple actors and agencies to undermine and sabotage our joint investigations. To begin, let me be clear, throughout my testimony, I am not talking about the men and women in government who conduct themselves with integrity and patriotism. At the outset, it is important to recognize corrupt individuals within Federal agencies that I am talking about are not acting alone. They operate as vital partners of the left- wing political movement that includes most members of the mainstream media, Big Tech social media giants, global institutions and foundations, Democrat Party operatives and elected officials. As the Twitter files reveal, these actors work in concert to defeat their political opponents and promote left-wing ideology and government control over our lives. My eyes began opening to this reality with the disclosure of how the Obama Administration weaponized the IRS to harass Tea Party groups by denying them tax-exempt status. My personal knowledge and experience with agency corruption began in 2015 when I became Chair of the Senate Committee on Homeland Security and Governmental Affairs. My first investigation ultimately revealed the extensive editing of then-FBI Director James Comey of his July 5, 2015, statement that exonerated Secretary Clinton regarding her use of a private email server for official business. The edits were clearly made to downplay the seriousness of her actions. It is important to note those partisan edits were made by the same cast of characters in the FBI that would initiate and drive the corrupt Russian-Trump collusion investigation. During our investigation of the FBI's involvement in the Russian collusion hoax, Senator Grassley and I uncovered and made public highly partisan text messages between FBI employees Peter Strzok and Lisa Page. Strzok's December 15, 2016, text: Think our sisters have begun leaking like mad. Scorned, worried, and political, they are kicking into overdrive. Has never been given the attention it deserves. In a 2022 interview with Jeff Gerth, Strzok said he now believes, quote, It is more likely the text came not from the CIA but from senior levels of the U.S. Government or Congress. Who might those leakers be? Why aren't reporters who received the leaks outraged at being fed false information? Why haven't they blown the whistle on the leakers? Why didn't the mainstream media robustly investigate how they were all duped? The answer is: They weren't duped. They were complicit in creating and fostering the political turmoil our country has been experiencing over the last six years. Those leaks were a key ingredient in the most destructive political dirty trick in U.S. history, the creation and promotion of the false Russia-Trump collusion narrative. To be most effective, however, that narrative relied on coordination between government actors and the media, and the left had allies in the FBI. Unable to verify the Steele dossier, the FBI offered Christopher Steele $1 million to provide verification. By December 2016, the FBI knew--they had investigated Steele's primary subsource as a Russian spy. In the main body of the Department of Justice Inspector General's report on FISA abuse, FBI official Bill Priestap is quoted as saying the FBI, quote, ``didn't have any indication whatsoever,'' unquote, of Russian influence on the Steele dossier. Our investigation uncovered redacted footnotes to that same document that completely contradicted that statement. Why would Priestap's false statement appear in the report, but the truth be hidden in classified footnotes? Fourteen months later, in February 2018, the FBI still briefed the Senate Intelligence Committee that the dossier had validity. When the Mueller report found no evidence of collusion, the left engineered an impeachment of President Trump. The cooperation between the House Intelligence Committee and the impeachment whistleblower remains murky. Then-Chair Adam Schiff originally denied his committee had conduct with the whistleblower prior to the filing of the complaint, a claim Schiff later attempted to walk back. The genesis of the impeachment saga has yet to be fully investigated. It needs to be. Prior to the impeachment proceedings, Hunter Biden's obvious conflicts of interest in Ukraine became public, and Senator Grassley and I began investigating. We didn't target Joe and Hunter Biden. Their actions demanded it. On December 9, 2019, the FBI issued a grand jury subpoena and took possession of Hunter Biden's laptop from John Paul Mac Isaac, a computer shop owner in Wilmington, Delaware. As the FBI left his shop with the laptop, Mr. Mac Isaac recalled one agent saying, quote, ``It is our experience that nothing ever happens to people that don't talk about these things,'' unquote. That statement was the opening salvo in a coordinated effort over the next 10 months to sabotage any public revelation of Hunter Biden's laptop or any wrongdoing connected to the Bidens. Senator Grassley has provided a number of examples of that sabotage, and we will release a report that goes into far greater detail than we have time for today. When available, I hope everyone will read it. Perhaps the most egregious and effective act of sabotage against the truth was the public letter signed by 51 former intelligence officials that claim the laptop had, quote, ``all the classic earmarks of a Russian information operation,'' unquote. That letter itself was an information operation that interfered with and impacted the 2020 Presidential election to a far greater extent than anything Russia ever could have hoped to achieve. Each of those intelligence officials needs to be interviewed to determine how that letter was masterminded. While we all condemn the violence on January 6th--we all condemn the violence on January 6th--the fervor in which the Biden Department of Justice has pursued those protestors and rioters stands in stark contrast to their lack of interest in the summer-of-2020 rioters. Serious questions regarding instances of unequal application of justice and violation of January 6th defendants due process rights remain unanswered. SWAT team arrests and treatment of prisoners are legitimate concerns. Neither the Senate nor House investigations adequately explained why the Capitol was so woefully unprepared or how many Federal agents and informants were in the crowd. COVID has exposed the awesome power that can be misused by government officials. The loss of basic freedoms has been nothing less than breathtaking. Our response to the pandemic has been a miserable failure. A miserable failure. Over one million lives lost; the human toll of the economic devastation caused by shutdowns that did not work; and the loss of learning and other psychological harms to our children. Federal health officials denied patients early treatment and, to this day, refuse to acknowledge the extent of significant injuries caused by the COVID vaccines. Emails between Anthony Fauci and Francis Collins reveal how they intended to use their awesome government authority and power to accomplish a, quote, ``devastating published takedown,'' unquote, of scientists who offered a different approach to handling the pandemic. Have the emails also revealed Fauci's attempt to hide his agency's role in funding dangerous research that might have led to the creation of the deadly coronavirus? We don't know, because those agencies won't provide the unredacted documents. Federal health agencies have not been honest or transparent. I have written over 50 oversight letters, and the vast majority of the questions I have asked to have either received an inadequate response or no response at all. I have requested information that the public has a right to know. Doctors who have had the courage and compassion to treatment COVID patients using their off-label prescription rights have been vilified, censored, and their careers destroyed. Other health professionals have noticed, toed the line, and remained silent. Parents who out of concern for their children questioned school boards and administrators have been labeled potential domestic terrorists and must now fear scrutiny from the Federal law enforcement. With the release of the Twitter files and the Missouri and Louisiana lawsuits against the Biden Administration, we are getting a clearer picture of how active government officials were in suppressing free speech and controlling the narrative. It is also becoming obvious that the World Health Organization has been captured by the Chinese Government, that global institutions, in general, have been captured by the left, and that some charitable foundations are exerting far more power over public policy than should be allowed. Chair Jordan, Members of the Committee, you have important work before you. Although you have been generous in granting me 10 minutes to offer my testimony, I have barely scratched the surface in describing the complexity, power, and destructive nature of the forces that we face. Our Founders fully understood that government was necessary to avoid anarchy, but they also knew that government power was something to fear. That is why they devised a set of checks and balances to limit government's power and influence over our lives. Ideally, a free press would hold all government officials equally accountable, but with today's media mostly biased to the left, congressional oversight is needed now more than ever. Because the administration is not cooperative and transparent, Congress needs whistleblowers from agencies throughout the Federal government. I urge men and women with integrity to come forward and reveal the truth. Senator Grassley and I will do everything we can to encourage bipartisan oversight in the Senate and stand ready to assist your efforts in any way that we can. Thank you. [The prepared statement of Senator Johnson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Senator Johnson. We look forward to your report. We hope that is coming shortly. I now recognize Representative Raskin for his testimony. STATEMENT OF THE HON. JAIME RASKIN Mr. Raskin. Chair Jordan, Ranking Member Plaskett, and dear colleagues, our Framers were enlightenment thinkers who wrote us an enlightenment Constitution. They wanted government to operate on the basis of facts, science, and common sense, not ignorance and superstition. They wanted America to usher in an age of reason. With the separation of powers, the Framers constitutionalized Newton's third law of motion, checking every action with an equal and opposite reaction. Congress, in Article I, was given the central role of legislating and making progress for our people. The oversight function is not specified in Article I, but the Supreme Court has always said that it is implied--something necessary and proper for the legislative function. As Madison famously said, ``Those who mean to be their own Governors must arm themselves with the power that knowledge gives.'' Dear colleagues, your Subcommittee could conceivably become part of a proud history of serious bipartisan oversight stretching from the Teapot Dome investigation, the Boeing investigation, the Watergate hearings, the tobacco hearings, and the Select Committee on the January 6th Attack. Or it could take oversight down a very dark alley filled with conspiracy theories and disinfor- mation, a place where facts are the enemy and partisan destruction is the overriding goal. Millions of Americans already fear that ``weaponization'' is the right name for this Special Subcommittee, not because weapon- ization of the government is its target, but because weaponization of the government is its purpose. What is in a name? Well, everything is here. The odd name of the Weaponization Subcommittee constitutes a case of pure psychological projection. When former President Donald Trump and his followers accuse you of doing something, they are usually telling you exactly what their own plans are. By establishing a Select Subcommittee on Weaponization, they are telling us that Donald Trump's followers, who obviously control this Subcommittee, will continue weaponizing any part of the government they can get their hands on to attack their enemies, defined as anyone who stands in the way of their quest for power. To be clear, that is not an exclusively partisan operation. They have proven that they will weaponize the government not just against the other party, but against anyone who refuses to bend to the will and whim of one Donald Trump, whether that is a lifelong Republican State election official, like Georgia Secretary of State Brad Raffensperger; a foreign Head of State, like President Zelenskyy; a political movement, like Black Lives Matter; a once-close personal friend and ally of Trump's, like his personal lawyer Michael Cohen for many years; or even a sycophantic Trump Cabinet appointee and lifelong Republican, like Attorney General William Barr, if these people break from the habits of lying and lawlessness that define life as a camp follower in the cult of Donald Trump. If the weaponized MAGA campaign isn't exactly partisan, it is entirely political, because it has an overriding electoral focus, and you know what it is: It is all about restoring Donald Trump, the twice-impeached former President to the office he lost by seven million votes in 2020 and tried to steal back in a political coup and violent insurrection against our constitutional order on January 6, 2021. You disagree? Well, please, don't take my word for it, as our Chair might say. Just listen to what Chair Jordan himself had to say six months ago at the Conservative Political Action Conference in Dallas, where he was predicting GOP victory in the 2022 elections and promising that oversight of Hunter Biden's laptop and the claim that the Federal government is treating moms and dads, like the ones in this room, like terrorists would be the centerpiece of the GOP's work in the White House when they got back into power. Relaxing with a friendly interviewer, Chair Jordan gave the game away entirely. Quote, ``All those things need to be investigated just so you have the truth,'' he said. ``Plus, that will help frame up the 2024 race, when I hope and I think President Trump is going to run, and we need to make sure that he wins.'' ``We need to make sure that he wins.'' This call to arms for the 2024 Presidential Election was met with wild applause from the CPAC audience. I urge every Member of this Subcommittee to go and watch the interview. Now, of course, a serious bipartisan Committee focused on weaponization of the government would zero in quickly on the Trump Administration itself, which brought weaponization to frightening new levels across the board. Consider just a few examples I have time for, illustrative of dozens I can provide the Subcommittee. First, in a six-week period in 2020, Donald Trump fired or removed five different Departmental Inspectors Generals simply for doing their jobs and not caving into Trump's coercive political demands to cover up different forms of administration wrongdoing and misconduct. On April 3, 2020, Trump informed Congress he was firing the intelligence community Inspector General, Michael Atkinson, who had received a whistleblower complaint in August 2019 about improper demands made by Trump to Ukrainian President Vladimir Zelenskyy. In May 2020, Trump fired Steve Linick, IG of the State Department, later claiming he had no idea who he was and saying that he fired him only at Secretary Pompeo's request. That inspector general was investigating Pompeo's decision to bypass Congress in sending billions of dollars in arms to Saudi Arabia. I don't have time to get into the details of the others, but, May 20, he fired Mitch Behm, the Transportation Deputy IG. He relieved of duty Glenn Fine, Acting IG for the Defense Department. He removed Christi Grimm, the acting Inspector General of HHS. Second, breaching the traditional separation between the President and Department of Justice criminal prosecutions, Trump and his obliging sycophantic Attorneys General, like Jeff Sessions and William Barr, repeatedly pressured career prosecutors to go hard or go soft in particular cases, always seeking to reward Trump's friends or to punish his enemies. If ``Weaponization of the Department of Justice'' has any meaning, this is it. Consider the egregious case of Gregory Craig, a White House counsel under Obama who was targeted by the DOJ for alleged FARA violations and finally indicted on a single count of making false statements. He was acquitted unanimously by the jury in less than five hours, and one of his lawyers observed that the Department of Justice had hounded his client without any evidence and without any purpose. Former U.S. Attorney Jeffrey Berman said that Greg Craig never should have been prosecuted. Consider the case of Michael Cohen, the President's former lawyer and confidant for many years. In August 2018, he pleaded guilty to campaign finance violations over large hush-money payments he arranged before the 2016 election to keep porn stars Stormy Daniels and Karen McDougal from talking about sexual affairs they had with Donald Trump. You guys remember this one. Well, after Barr became Attorney General in February 2019, he worked to kill further investigations related to those payoffs and suggested that Mr. Cohen's conviction on campaign finance charges itself be reversed, even though six months had already passed since Cohen had entered a guilty plea. Amazingly, after Cohen was in prison for a year and then being transferred out of prison to home confinement during COVID-19, Barr and the DOJ intervened to block his transfer because Cohen would not immediately accept, as a condition of his ankle bracelet home confinement, not to engage in First Amendment activities, specifically writing and publishing a book about Donald Trump or saying anything in public on TV or in the social media about Donald Trump. Cohen had already been home for two weeks when this unconstitutional demand from DOJ appeared. When he and his attorney dared to ask questions about it, three Federal Marshals showed up with handcuffs and shackles, and he was returned to the Otisville Correctional Institute. There, he spent 16 days in solitary confinement before they were able to get his case before a Federal District Judge, who immediately found that Barr's purpose, quote, . . . in transferring Cohen from release on furlough and home confinement back to custody was retaliatory in response to Cohen desiring to exercise his First Amendment rights to publish a book critical of the President and to discuss the book on social media. Can you think of a more egregious example of weaponizing the Department of Justice for nakedly political purposes than imprisoning and putting in solitary confinement the President's own former lawyer simply because he wanted to exercise his First Amendment rights? Consider the John Durham investigation. At the urging of Republicans, including the good Chair, the John Durham special counsel investigation was set up in 2019 by Barr to try to find wrongdoing by intelligence or law enforcement agencies in the origins of the Mueller investigation. We have heard some of the murmurings about this today. After four years and millions of dollars spent, the Durham investigation closed as a total flop without unearthing anything like the deep-state conspiracy that Republicans have been denouncing around here for years. It couldn't find anything of substance to it. Yet, Barr and Durham kept pressing in clearly abusive ways I hope your Subcommittee will investigate. One former DOJ prosecutor, Robert Luskin, a defense lawyer who represented two witnesses before the Durham probe, told The New York Times he was shocked. ``This stuff had my head spinning,'' he said. ``When did these guys drink the Kool-Aid, and who served it to them?'' Amazingly, when prosecutors participating in this wild goose chase actually came into possession of evidence of a real offense from Italian Government officials, of a potentially major financial crime committed by Donald Trump, Durham was suddenly deputized to investigate it, and the whole investigation mysteriously disappeared without a trace. Trump's enablers now want this Subcommittee not to examine the Durham debacle as a case study in dangerous weaponization of the justice function but, rather, to pick up the baton from the defeated and demoralized Durham team and to keep the wild goose chase going today. Third, the former President had no qualms about literally weaponizing our Nation's law enforcement and military against First Amendment activity for his political purposes. I commend to you the debacle that took place on June 1, 2020, in Lafayette Square, where they mobilized an interagency law enforcement troop and then unleashed them on horseback, with pepper spray and batons, billy clubs, rubber bullets, against a totally lawfully present crowd. Mr. Chair, I want to be clear, I am not suggesting that any of the investigations that have taken place during the last two years have been perfect. I am sure they could have been improved in some ways. That is a legit thing for you to ask. It is one thing to engage in systematic oversight driven by a commitment to facts and the truth and something radically different to set up a platform for a series of hit-and-run partisan attacks that are just vindictive, vendetta-driven, and meant to frame up a Presidential campaign in 2024. Some of the new rhetoric we have been hearing can be dangerous, as the Ranking Member was pointing out. After the execution of a perfectly lawful judicial search warrant in Palm Beach in August of last year, politicians and media figures began denouncing the FBI--the whole FBI--and FBI agents in vitriolic terms. Since then, the FBI and DHS have observed an increase in violent threats posted on social media against Federal officials and facilities, including a threat to place a dirty bomb in front of the FBI headquarters and issuing general calls for civil war and armed rebellion. We have heard those calls before in this chamber. On August 11th last year, a person wearing a tactical vest and armed with an AR-style rifle and nail gun attempted to forcibly enter the FBI Cincinnati Field Office. When officers responded, he fled the scene, and a pursuit followed. During a prolonged standoff with the FBI, the man fired multiple shots at Ohio State Highway Patrol. Mr. Chair, the public is skeptical about this strange new venture with this strange new name that is being launched, because so many of the Members involved have done everything they can to block the January 6th Committee's investigation of the worst insurrectionary domestic violent attack on an American election and American Congress in our history. The public wonders whether Members who refuse to comply with congressional subpoenas themselves should be issuing congressional subpoenas to other people. Oversight must be organized around a comprehensive search for the truth, truth that will lead to progress, and not around revenge, which will lead us as a country to chaos and ruin. I hope the Subcommittee will find a way to embark upon a truly bipartisan agenda, with all members participating and agreeing on a common agenda. I wish you well and Godspeed on behalf of this difficult venture that you are about to proceed on. Chair Jordan. I thank the gentleman. I can assure the gentleman from Maryland that we will--we respect the FBI agents, particularly the ones who have come to us, the dozens who have come to us, and we will focus on the facts--something I felt was not exactly presented in the proper way in your testimony. I understand that the Senator from Wisconsin has a number of documents he would like to ask to be entered into the record. So, without objection, those will be entered. We will get those from you, Senator Johnson. Chair Jordan. We now turn to our former colleague, the former Democrat Member from the great State of Hawaii, Congressman Gabbard. STATEMENT OF THE HON. TULSI GABBARD Ms. Gabbard. Thank you very much, Chair Jordan, Ranking Member Plaskett, and Members. Aloha. Thank you for the opportunity to be here to speak with you today. Benjamin Franklin said, ``Without freedom of thought, there can be no such thing as wisdom, and no such thing as public liberty without freedom of speech.'' I love our country, and I cherish our God-given freedoms that are enshrined in the Constitution. Like every one of you, I took an oath, both as a soldier and as a Member of Congress, to support and defend the Constitution of the United States against all enemies, foreign and domestic. I have had the privilege of serving alongside many of you in Congress for eight years, representing the people of Hawaii's Second congressional District, serving on the Armed Services and Foreign Affairs Committees. I am honored to be able to continue to serve as a lieutenant colonel in the U.S. Army Reserves now for almost 20 years, where during that time I deployed to three war zones and participated in multiple overseas training exercises where I had the opportunity to see firsthand what life is like in countries where there is no First Amendment, where there is no free press, where government deems itself to be the moral arbiter to its people, dictating to them what is right and wrong, what can and cannot be said, who can speak, who cannot, who is free to worship and who is not. Now, our Founders understood the importance of enshrining our God-given freedoms in the Constitution and Bill of Rights to ensure that, no matter which party or person may be in power at any given time, our founding documents serve as a reminder of these freedoms that are guaranteed to every American. Thomas Paine said, ``He that would make his own liberty secure must guard even his enemy from opposition, for if he violates this duty, he establishes a precedent that will reach to himself.'' We cannot be so shortsighted as to thinking silencing speech that we don't like today will not result in our own voices being silenced tomorrow. The work that you have all been charged with in this committee affects all Americans, and it is too important to allow it to fall victim to partisan politics. No matter how deep your differences, we must all agree to stand on the side of liberty. Unfortunately, right now we live in a country where many Americans are afraid to speak freely, afraid to express themselves, afraid to actually have real, open dialog and debate, afraid of losing their job, being canceled, or being accused of a crime, which could happen if recently introduced legislation criminalizing so-called hate speech is passed into law, speech that, no matter how abhorrent, is still protected under the First Amendment. Now, this fear and this culture of fear and self-censorship is not unfounded. We have individuals in our government, often working through their arms in the mainstream media and Big Tech, doing exactly what our Founders rejected--trying to control what we, the people, are allowed to see and say, under the guise of protecting us from so-called misinformation or disinformation. Now, of course, they appoint themselves as the sole authority and voice of truth of information, backed by the most lethal force on Earth with the power to target anyone they deem a threat. They alone are the ones, self-designated, who get to decide what is true and what is false, what is information and what is misinformation or disinformation. They say they are doing this for us, that they are doing this for our own good, to protect the people. In reality, the truth is, they think that we are too stupid to think for ourselves, too stupid to discern for ourselves and to draw our own conclusions. Now, idea that we must just blindly accept whatever the government or those in power tell us is true goes against the very essence of our Constitution and Bill of Rights, which were created as a resounding rejection of the reign of kings, churches, and authorities. They tell us we must blindly trust them or face the conse- quences, even though our government has a long history of lying to us, the American people. Just to cite a few examples, we were lied to about the weapons of mass destruction in Iraq, which spurred the war that I and so many served in and so many others sacrificed their lives in. They lied for almost two decades claiming success in Afghanistan, when, in fact, we saw failure after failure after failure, coming at a great cost to this country. We saw lies about Vietnam that were revealed in the release of the Pentagon Papers. We saw lies about our own government illegally surveilling Americans. These are just a few examples. There are many more. Ranking Member Plaskett talked in her opening comments about how individuals in the FBI also throughout our country's history have abused their power, weaponizing those agencies to advance their own political interests. This is not and cannot be reduced to partisan fight. The stakes are too high. We all must recognize our own responsibility to stand against such abuses. As we sit here today, the danger is that, if we choose to reject or challenge whatever those in power declare is the so- called truth, we are accused of being anti-authority, we are accused of being a danger to society, accused of spreading misinformation, and are then targeted, smeared, and called things like ``Russian asset,'' ``White supremacist,'' ``bigot,'' ``racist,'' ``sexist,'' ``extremist,'' ``traitor,'' and so on. More dangerous than any baseless smear, our own government institutions, which exist to serve the people, they are being weaponized against us. The Department of Homeland Security declared a heightened domestic terrorism threat due to three factors, the first of which is, quote, ``the proliferation of false or misleading narratives which sow discord or undermine public trust in U.S. Government institutions,'' end of quote. They are the ones who get to decide what those false or misleading narratives are. Former CIA Director John Brennan said in 2021 that, quote, Members of the Biden team are now moving in laser-like fashion to try to uncover as much as they can about what looks very similar to insurgency movements that we have seen overseas--an unholy alliance frequently of religious extremists, authoritarians, fascists, bigots, racists, nativists, and even Libertarians, Attorney General Garland charged his newly created Domestic Terrorism Unit with targeting those who hold, quote, ``anti- authority views.'' That included parents who dared to protest at board of education meetings, concerned and standing up for the right for themselves to have a say in their children's education. A draft copy of the Department of Homeland Security Quadrennial Homeland Security Review outlined their intent to target, quote/unquote, ``inaccurate information'' on a whole host of topics, to include the origins of COVID, vaccines, the U.S. withdrawal from Afghanistan, and U.S. support to Ukraine. Their Misinformation, Disinformation, and Malinformation Team exists to, quote, ``counter all types of disinformation.'' Once again, they get to determine what this disinformation is. Meta CEO Mark Zuckerberg revealed on the ``Joe Rogan Experience'' podcast recently that Facebook limited the exposure of the New York Post's Hunter Biden laptop story just weeks ahead of the 2020 election, only after talking with the FBI. Twitter took similar action, but they recently apologized for doing so, recognizing that their decision was wrong. The cozy relationship between White House officials, the Department of Homeland Security, the FBI, and Big Tech is now well-documented and results in private companies, not restricted by the First Amendment, doing the dirty censorship work of those in government who are not legally allowed to do so themselves. The threat Big Tech monopolies pose to our democracy is real and serious. I have had personal experience with this. After the first Democratic Primary Presidential debate in 2019, I was the most searched candidate of the night. Unfortunately, and suddenly, my Google Ads account was mysteriously suspended without any notice or explanation. There were no responses to our multiple attempts to resolve whatever problem could have caused this. After some time passed, magically, my account was reinstated, again, with no explanation or apology. Their actions limited my ability to connect with voters who were actively seeking more information about my candidacy and why I was offering to serve them as President and Commander in Chief. This has not only happened to me, but it is also happened to other candidates running for various offices. Joe Kent running for Congress in Washington State is one I know personally of. This happens all the time, with these Big Tech monopolies interfering in our democracy by manipulating search results based on whatever it is that they want the American people to know about a particular candidate or issue. This should be concerning to any one of us and all of us. Now, recently, we have learned that, with the release of the Twitter files detailed by Matt Taibbi and others, high- level former FBI and CIA and other government officials were behind Hamilton 68 and their list of 644 social media accounts supposedly linked to, quote, ``Russian influence activities'' online. Now, Hamilton 68's work was widely cited as fact by institutions like Harvard and Stanford, by mainstream news organizations across the board, by Members of the House of Representatives and Senate from both political parties, including the head of the Intelligence Committee. The problem is it was false. Twitter, themselves, determined that the vast majority of counts that Hamilton 68 targeted on this list of 644 were, quote, ``neither strongly Russian nor strongly bots,'' end quote. They were mostly anti- establishment American voices from across the political spectrum. I was one of them. Former Secretary of State Hillary Clinton accused me, a sitting Member of Congress, a soldier, and a candidate running for President, of being, quote, ``groomed by the Russians.'' Her baseless smear worked as intended. It was something that was repeated over and over, headline after headline, article after article, pushed online in every way. This had the harmful impact that was intended. I could give you many examples of interactions that I have had with people throughout that campaign and still today, but I remember one, in particular, that had an impact. Just weeks after this statement was made, I was in South Carolina at a campaign event when an elderly woman came up to me, and I could tell that she was very disturbed. She came up, and she put her hands on my shoulders, and she looked into my eyes, her eyes welling up, hands shaking, and she said, ``Look me in the eyes. I need to know if you are working for Putin.'' She was serious. I couldn't believe it. I looked her straight back in the eyes and expressed to her from my heart how much I love this country, so much that I am willing to die for it. More recently, U.S. Senator Mitt Romney accused me of treason, a crime that is punishable by death under our laws. I challenged him to back this serious allegation up with evidence. What was this based on? There was no response, no explanation, no evidence, and certainly no apology. Now, these accusations are often shrugged off as, ``Well, hey, it is politics. People say things about each other all the time.'' That may be easy for some of you to say, but for somebody who wears the uniform, this is serious. It is serious not only to me but to my fellow servicemembers and veterans, every one of us making a decision at some point in our lives to raise our right hand, prepared and volunteering to lay our life down for this country. What does that mean in reality? It means that, before every deployment, in our own hearts we have to make peace with the possibility that we may not come home. It means writing letters to our loved ones, trying to find the words to express our love and gratitude, knowing that may be our final goodbye. It means, for those of us who do come home, doing our best every single day to honor the great sacrifices of our brothers and sisters who paid that ultimate price. This is much bigger than me or any one individual. When those who dare to challenge the establishment are targeted by this powerful conglomerate of government, corporate media, and Big Tech, weaponizing all that they have against the people for their own selfish gain, it has a dangerous chilling effect on free speech, and it sends a very powerful message: If you dare to challenge us, we will come after you. The more we allow this to happen, we start looking less and less like a democratic republic and more and more like a banana republic. Instead of a government ordained to secure these rights, we are now increasingly facing a government determined to take those rights away. George Washington warned, For if men are to be precluded from offering their sentiments on a matter which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use to us. The freedom of speech may be taken away, and dumb and silent we may be led like sheep to slaughter. We have to stop this insanity and protect these sacred freedoms, vanquish the fear and self-censorship that is now pervasive, every one of us taking action to breathe new life into the open marketplace of ideas that is at the heart of a thriving democracy, encouraging vigorous and substantive debate, encouraging people to think for themselves so we can draw our own conclusions, where we can disagree without devolving into hate, where we can respect each other as fellow Americans and treat each other with ``aloha.'' The work you have before you are critical for all these reasons. The stakes are high. The consequences, for better or worse, will be long-lasting. For the sake of the American people, our freedom, and the future of this country we love, I pray we can set aside our partisan differences and commit to standing together to defend the constitutional right of every American to live free. Thank you, Mr. Chair. [The prepared statement of the Hon. Ms. Gabbard follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Congresswoman Gabbard. We appreciate those fine remarks. Congressman Raskin, we thank you for being here. Senator Johnson, we thank you, as well, for your testimony. The Committee will stand in recess for five minutes, more or less, to get ready for the second panel. [Recess.] Chair Jordan. The Committee will come to order. I want to introduce our second panel. We don't have all our second panel. Mr. Thomas Baker is an international law enforcement consultant. He served for more than 33 years as a special agent with the FBI, including in leadership positions, overseeing terrorism and other criminal investigations. Mr. Baker, thank you for being with us. Professor Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Law at George Washington University Law School. He has written extensively on topics like constitutional law and has served as counsel to whistleblowers, military personnel, judges, Members of Congress, and a variety of other clients. Mr. Elliot Williams is a principal in the Government Affairs and Policy Counsel practice group at the Raben Group. He has served as Deputy Assistant Attorney General for Legislative Affairs at the Department of Justice and Assistant Director for congressional Relations at U.S. Immigration and Customs Enforcement. Ms. Nicole Parker is a former special agent with the FBI. During her time at the FBI, she worked on various matters, including securities fraud, violent crime, and the Violent Crime Fugitive Task Force. Chair Jordan. We will begin by swearing you in. Would you please raise your right hand--stand and raise your right hand, please. Do you swear or affirm, under penalty of perjury, that the testimony you are about to give is true and correct, to the best of your knowledge, information, and belief, so help you God? Let the record show that each witness answered in the affirmative. Please know that your written testimony will be entered into the record in its entirety. Accordingly, we ask you to summarize your testimony in five minutes. Then we will go through it, and then we will get to questions. The microphone's in front of you. You all have done this, I think, before, most of you. Green means go. Yellow means get ready to stop. Red means stop. Then we will get to the questions as quickly as we can. Mr. Baker, you are recognized first. Again, thank you for being here. STATEMENT OF THOMAS BAKER Mr. Baker. Thank you, Mr. Chair. Americans have lost faith in the Federal Bureau of Investigation, an institution they once regarded as the world's greatest law enforcement agency. I spent 33 years in the FBI and have continued to be closely engaged with the Bureau since my requirement. I am deeply troubled by this loss of faith, not only because of the challenge and danger it presents to our Nation but, personally, it breaks my heart. Specific lapses will be looked into by this panel, but the big issue is: Why did they happen? What changed? What should be done? Culture is where it starts. This widespread deleterious behavior of the past several years describes a culture, not just the work after few bad apples. Robert Mueller, when he was the FBI Director, set out deliberately to change the culture of the FBI from a law enforcement agency to an intelligence-driven agency. That had bad and unintended consequences. The difference is this: In law enforcement, you spend every day, consciously or unconsciously, waiting for that day to come when you are going to raise your right hand before a judge or before a jury and swear to tell the truth, the whole truth, and nothing but the truth. That is quite different than an intelligence agency that operates through deceit and deception and their end product is an estimate. Some would call it a best guess. Guesses aren't allowed in the courtroom. Past reforms like the Church and Pike Committees were necessary. This present Subcommittee is a step in the right direction. Hopefully its work will be bipartisan, because the abuses of an intelligence-driven FBI threaten the liberty of those on the left as well as those on the right. In 1978, after the Church Committee revelations, reforms were undertaken. The FBI and the DOJ enacted a series of Attorney General guidelines for conducting investigations, but Congress gave us the Foreign Intelligence Surveillance Act. Now, however, the use of FISA against U.S. citizens, as seen in the Carter Page case, has presented a threat to American civil liberties. FISA suspends the Constitution. For its first decades, the Foreign Intelligence Act was used, as its name implies, to surveil foreign agents' resident in this country. FISA needs to be returned to that original purpose. That is something that the Congress can fix. That the FBI colluded with Twitter to suppress free speech is shocking. What is even more surprising is the FBI's explanation or denial that they did that. Over the past few years, when shenanigans were discovered in the Bureau by the Bureau, the miscreants were shown door. Director Wray and other FBI leaders, their theme is, ``The bad apples are no longer with us.'' With the Twitter revelations, there is not even that usual half-apology but a boldfaced denial that nothing is wrong. The First Amendment guarantees free speech. The FBI, by urging Twitter to sensor speech, which it could not itself do, was engaging in a perversion of the First Amendment. For most of FBI history, agents were trained that part of the FBI's mission was to be a guarantor of the Bill of Rights. That has now been turned on its head. A renewed emphasis on the Constitution as a cornerstone of the Bureau's work is what is called for. When I was in training as a new agent, we were each given a pocket copy of the Constitution. We were told to keep it in our breast pocket and that, if we did that, you would think about it when interviewing a citizen or when searching someone's home. If you kept it close to your heart, you wouldn't go wrong. For years, when explaining the FBI to various groups, I would always emphasize that, unlike other countries, the United States was blessed to have as its domestic security service a law enforcement agency, an agency rooted in the rule of law. The United States now may be cursed to have a domestic intelligence agency with police powers. We may never get the Bureau back to the culture of a tell- the-truth law enforcement agency that I lived and loved in the pre- 9/11 era, but the effort of reform is worth it, noble, and direly needed. I thank you all for your efforts. [The prepared statement of Mr. Baker follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Mr. Baker. I appreciate your testimony. Professor Turley, you are recognized for five minutes. STATEMENT OF JONATHAN TURLEY Mr. Turley. Thank you, Chair Jordan, Ranking Member Plaskett, Members of the Subcommittee. It is an honor to appear before you to discuss this subject. It is my sincere hope that there is room for bipartisan agreement, even in these times, when we talk about the government's role in regulating speech. We all are here today because we all have a deep love for this country. We come from different backgrounds, different parts, but we share that common article of faith. I would like to speak to that today. These are difficult questions that I am going to address, and these are divisive times, but they transcend politics. Notably, in yesterday's hearing in the Oversight Committee, James Baker said that he also thought there might be need for legislation--this is the former Twitter executive, former FBI General Counsel. He said there might be need for legislation to limit the role of the FBI and other agencies in their relationship with social media companies. I think that this is true. One of the reasons that this Committee has a difficult task before it is that there is a crisis of faith, and it is not just simply with some of our constitutional values. Polls are showing that people have a distrust for the Federal government but also with the FBI. Twenty percent in a recent poll said that the FBI was the greatest threat to the country. Only 40 percent of Americans said that they trust the FBI most of the time. Fifty-three percent said they felt the FBI was acting politically. I am not saying that those results are warranted. What I am saying is, it is a serious problem when the public, large portions of the public, have that level of distrust. My testimony that I have submitted to the record goes through the constitutional and case law that applies to this issue of when the government goes too far. I say that these are really very heavily contested questions; there are cases on both sides. In some of my discussions, I say that actually I think the social media companies have a better argument, and in some parts I think that there are legitimate issues here that might trigger the First Amendment. There are two different aspects to that analysis. One is that we do have direct action shown in the Twitter files by government employees. So, we don't have to get into what I spend most of my time on, which is agency theory under the First Amendment. We know that there were dozens of Federal employees who tagged or targeted particular posts and posters for possible elimination and suspension. Now, we can question whether that was a directive or a partnership or a coordination, but there was direct government conduct. So, the question for this Committee, first and foremost, is: Do you want your government in that business? We can have, I hope, a civil and respectful conversation about that. What is interesting about the Twitter files is that they establish what could be viewed as agency. Now, as I go through a lot of the cases in the past, courts have really struggled with this. At what point does a private party become an agent of the government? Cases like Page and others say that you can have that; even if, by the way, the private agent turns down some requests, you can have that. I go through the various tests that apply. I also go through three things that are established: First, this may be the largest censorship system in the history of our country. Twitter alone reaches 450 million people. They are 15th on social media. Companies like Facebook dwarf them in terms of their size. It is a censorship system. The ACLU has made clear that censorship can be both in government or private form, and it certainly can be in a government and private type of coordination. Second, this is beyond what agencies usually do. This was not the FBI responding to criticism of the FBI. It was generally policing this thing called disinformation and eventually they tagged things like jokes. They tagged just a ridiculous scope of information that they believed could be removed. Third, what we have here, in terms of what the government's doing, is what we have seen before. Even if you assume that this does not create an agency relationship, it is wrong. It is wrong for the government to be in the business of silencing citizens. It is wrong. We saw it during the McCarthy period, where the government was behind the blacklisting of individuals. We said it was wrong. It was wrong then; it is wrong now. We have to have that debate. It has to move somewhere beyond our normal partisan divisions. Adlai Stevenson said that, ``when there is a loss of faith in government we lose everything.'' I hope that Senator Stevenson's words resonate with Members of this Committee. We have everything at stake when you have the government involved in censorship. So, I thank you again for allowing me to appear, and I look forward to working with Members on both sides to look at this issue. Thank you. [The prepared statement of Mr. Turley follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Professor, thank you. Thank you for stating the gravity of the situation and the question before us. Mr. Williams, you are recognized for five minutes. STATEMENT OF ELLIOT WILLIAMS Mr. Williams. Thank you, Mr. Chair, Ranking Member Plaskett, and Members of the Subcommittee. Thank you very much for inviting me to testify today. My name is Elliot Williams, and over the course of 15 years I have the honor of serving in all three branches of our government. Across that time, I worked as both a career prosecutor and a senior appointee, as both a rank-and-file employee and in senior management, and in both Republican and Democratic administrations. For a major portion of my time in government, I served in roles tied directly to the relationship between the Executive and Legislative Branches of government. I served as counsel to the Senate Judiciary Committee across the building--or across the courtyard, and helped run legislative affairs at both the United States Department of Justice and the United States Customs and Immigration Enforcement, or ICE. I note that I am here today speaking in my personal capacity and not on behalf of any employer. Now, having sat in the seats of the very staff behind you, alongside some of the very people who are still here today, as well as in the role of the Executive Branch employee or official responding to your requests, I can say that each institution's interests are critically important to creating a healthy, functioning democracy. When they collide, it is crucial to recognize that our institutions are best served by reaching compromises or accommodations--we are going hear that word again in a moment-- that protect the core interests of each branch of government. congressional oversight, the reviewing or monitoring or supervision of Federal agencies and activities, is essential to good government. It helps ensure that officials who hold the public trust apply laws fairly and spend their funds wisely-- our funds wisely. It uncovers abuse and uproots waste. It encourages efficiency and fosters transparency. Now, this is a two-way street, where Congress ends up better informed when making its Legislative decisions and the Executive Branch is in a better position to carry out its enforcement of our laws. Now, there is a natural and perfectly reasonable push and pull of constitutional and legal interests when two branches of government interact. Too much pushing or pulling from either side poorly serves the American people and does not serve the work of the American people. Now, each branch of government--and I mean the Legislative and Executive--have a tremendous amount to lose and a lot to gain in the process. It is in the interest of people at both ends of Pennsylvania Avenue and across the country that our institutions and our democracy function properly. Now, Congress and the Justice Department, both where I worked for a long time, have recognized this principle. The Justice Department has attempted throughout the years to balance satisfying legitimate legislative interests with protecting the Executive Branch's confidentiality interests. An obvious example arises when disclosure of case materials from an open criminal case or a civil case might be disclosed to the public or to Congress. There might be a significant public interest in the Justice Department's efforts to protect those materials. Likewise, Congress has a very long history of engaging in responsible oversight--and bipartisan oversight, for that matter--of the Executive Branch. This means reaching accommodations that have regularly included narrowing requests for information, limiting access to information that is provided by the Executive Branch, or even at times delaying a congressional investigation until the work of the Justice Department and the former prosecutions or declinations are completed. For instance, here is an example. In the early 2000's, the House Oversight Committee wanted to obtain documents from Special Counsel Patrick Fitzgerald's investigation into the leak of the covert identity of CIA Officer Valerie Plame. They consulted--this is the Committee, the Oversight Committee-- consulted with the special counsel and agreed to delay receiving information until after the end of the litigation, or after the investigation and litigation. Even then, the Chair of the Committee worked closely with the special counsel to narrow his requests that the special counsel agreed would not infringe on his prosecutorial independence or intrude upon grand jury secrecy, which, as many of you know, is protected by law under the law. Both sides here, Congress and the Executive Branch, or the Justice Department, had interests. They both balanced them for the good of democracy, the health of our institutions, and transparency for the American people. Now, as with any process of negotiation, not every party will always receive what they seek to recover, nor will they be able to protect every bit of information they wish to shield. That is not a bad thing. We will talk about that over the course of the day. Needless to say, thank you again for inviting me to testify, and I look forward to answering any questions you might have. [The prepared statement of Mr. Williams follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Mr. Williams. Ms. Parker, you are recognized for five minutes. Ms. Parker, hit that button. There you go. Thank you. STATEMENT OF NICOLE PARKER Ms. Parker. Chair Jordan, Ranking Member Plaskett, and Members of the Subcommittee, I would like to thank you for inviting me to come and respectfully speak to you today. The people of this country deserve the right to have faith in those sworn to protect. Faith is the foundation of hope, and hope can be restored through honest reflection of who we have become and who we could and should be. On September 11, 2001, I was working for Merrill Lynch at the World Financial Center in New York City. I witnessed up close the horrific deadly terrorist attacks on the adjacent World Trade Center. My colleagues and I evacuated our building and were led to safety, thanks to the heroic efforts of NYPD officers; 2,977 souls were not as fortunate that day. As I watched the mayhem unfold, to include people jumping to their deaths, I was shocked, heartbroken. I vowed to God that I would give back and serve this great Nation. This vow led me to leave a multibillion-dollar hedge fund in 2009 and apply to become an FBI special agent. According to The Wall Street Journal, around 45,000 people applied to be special agents that fiscal year. About 900 made the cut, and I was one of them. After five months of arduous training at the academy in Quantico, I was a sworn-in special agent, assigned to the Miami Division. I considered it a very sacred responsibility and was honored to be entrusted to protect and serve the American people. My entire career was spent in the field, where I believed I could make the strongest impact in rescuing victims and putting criminals behind bars. It was my privilege to work alongside the finest and brightest in the FBI, local law enforcement, and our Federal partners, participating in the investigations of myriad criminal cases--the Marjory Stoneman Douglas High School shooting in Parkland, Florida; the 2017 Fort Lauderdale Airport shooting; the Cesar Sayoc pipe bomb case; multimillion-dollar Ponzi schemes; crimes on the high seas; bank robberies; murders for hire; sexual assaults; extortions, and more. Yes, it was physically taxing and emotionally jarring, but I believed I was making an impactful difference. Every day, I woke up and I embraced being an FBI special agent--until things changed. Over the course of my 12-plus years, the FBI's trajectory has transformed. On paper, the Bureau's mission remained the same, but its priorities and governing principles shifted dramatically. The FBI became politically weaponized, starting from the top in Washington and trickling down to the field offices. Although FBI employees have their First Amendment rights, they are not at the liberty to allow their personal political views or preferences to determine their course of action or inaction in any investigation. Lady Justice must remain blind. Those that do not uphold these responsibilities cause a negative ripple effect throughout the agency and the field. It is as if there became two FBIs. Americans see this, and it is destroying the Bureau's credibility, causing Americans to lose faith in the agency and, therefore, the hardworking and highly ethical agents who still do the heavy lifting and pursue noble cases. It makes it very difficult for agents to do their job when the FBI loses the respect of the American people. There has also been a shift in recruiting practices--a lowering of the eligibility requirements, which is negatively impacting the agency's performance. All of this adds up to a loss of trust in the FBI by many Americans and low morale among many FBI employees. For many, becoming a special agent was their calling in life, but now it is merely a very dangerous and high-risk job with minimal contentment. Wary of consequences that come with voicing their displeasure, these agents keep their heads low. They work hard, and they stay off the radar, and they count down the days until they can collect their well-deserved pensions. For me, distancing myself from egregious mistakes, immoral behavior, politically charged actions taken by a small but destructive few FBI employees became exhausting. Although I was always treated with the highest level of respect in the Miami Division, I no longer felt that I was the type of agent that the FBI valued. I began to lose passion for the career I loved, and peace came as I reflected on the victims I assisted, the criminals I took off the streets, and I remembered positive performance reviews, awards, and accolades I had been given, as I left nothing on the line in my work as a special agent. I held out as long as I could, hoping things would improve, but finally I knew it was time to go. So, less than four months ago, of my own volition, I made the difficult decision and quietly walked away from the FBI with an exemplary and spotless record. I love the FBI I joined, and I have treasured memories working alongside remarkable people. I am proud to have served with honor as a special agent. While I sincerely pray for the FBI's future success, the FBI's troubles of late were bigger than anything I could change. Going forward, I will continue to serve others in our beloved country while honoring and celebrating the true heroes, both past and present, of the FBI. When I was invited to participate in this hearing, my initial reaction was to decline the request, as there may be others more capable who would do a much better job than me. Why would I want to subject myself to the stress of testifying, putting a target on my back and likely facing public scrutiny? As I prayed about this invitation--sorry--the thought came to me: To whom much is given, much is required. I realized that this is not about me. I have been given the opportunity to speak up on behalf of numerous current and former Bureau employees who feel similarly but they do not have a voice. I am not here today to show favor to any political party. I am here to stand for the truth based on my experience at the FBI. In all humility, I hope to make an impact in creating a stronger agency, which is what Americans deserve. [The prepared statement of Ms. Parker follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Ms. Parker. Thank you for your service. We will now proceed under the five-minute rule with questions. The Chair recognizes the gentlelady from New York, Ms. Stefanik. Ms. Stefanik. I want to echo the Chair. Thank you, Ms. Parker, for your extraordinary service and your courage for being here today. Mr. Turley, I want to start with you. The Twitter files laid bare for the American people what you correctly call unconstitutional, quote, ``censorship by surrogate.'' Matt Taibbi writes, quote, ``Twitter's contact with the FBI was constant and pervasive, as if it were a subsidiary.'' Do you agree with that assessment? Mr. Turley. I do. What we know on the record so far shows a relationship that goes beyond this sort of informal exchange of ideas-- Ms. Stefanik. You are correct. In fact, isn't it true that, leading up to the 2020 election, Twitter had weekly meetings with not just the FBI, with DOJ, DHS, and DNI, to conduct this unconstitutional censorship by surrogate? We know that because of the Twitter files, correct? Mr. Turley. Correct. Ms. Stefanik. It was not just meetings, not just censorship of stories like the Hunter Biden laptop story. We also now know that the FBI paid Twitter over $3.4 million of taxpayer funds to censor these stories before the 2020 election. Is that correct? Mr. Turley. That money was paid. Twitter confirmed that. Ms. Stefanik. The Twitter files are just the tip of the iceberg, because there is so much more. There was a corrupt revolving door at the highest levels between the FBI and Twitter. Look no further than Jim Baker, former General Counsel at the FBI, who helped unlawfully investigate Donald Trump in the 2016 election. Or look at Jim Comey's Deputy Chief of Staff, who became the Director of Strategy at Twitter. Isn't it true, according to the Twitter files, that there were so many FBI officials who then went to work at Twitter that they created their own Slack channel and crib sheet for onboarding? The Twitter files confirmed that, correct? Mr. Turley. Correct. Ms. Stefanik. Are you aware, as the American people are aware, that, according to polling of the people that were made aware of the Hunter Biden laptop story, 53 percent would have changed their vote, including 61 percent of Democrats? This is the definition of election meddling. It is the definition of election meddling by the FBI, on behalf of Democrats, paid for by the U.S. taxpayers. It is collusion, it is corruption, and it is unconstitutional. Ms. Parker, I want to go to you next, about your experience at the FBI. Because this is not just about the Twitter files, which folks are focused on because of the news it made. It is about systemic rot in the culture and the politicization of the leadership of the FBI, and it needs to be rooted out. Let's take a step back. Let's look at the targeting, illegally, of parents who wanted to stand up for their kids at school board meetings. On September 29, 2021, the National School Boards Association sent a letter to Joe Biden equating parents at school board meetings to domestic terrorists. On October 4th, Attorney General Merrick Garland issued a memorandum to the FBI and U.S. attorneys that the Department would use Federal enforcement tools to target and prosecute these parents. Do you consider parents as domestic terrorists? Ms. Parker. I do not consider parents as domestic terrorists. No, I do not. Ms. Stefanik. No. Neither do the American people. There is more to this story. It goes back further than that initial letter on September 29th, because the letter didn't happen organically. It was solicited. It was solicited by the White House and by the Secretary of Education. Essentially, the Biden Administration laid the predicate for which it used to justify illegally targeting the American people, targeting these parents. Is it proper protocol, as a former FBI officer, to set that predicate, to manufacture the reasoning to justify opening an investigation? Ms. Parker. I believe that no one should be targeted for free speech and that violence should never be tolerated under any circumstance, but it should definitely not--no one should be targeted because they want to speak up at a school board meeting. Ms. Stefanik. This was a setup. It was this setup--and it is the real definition of weaponization of the government against the American people. It is not just this example of targeting parents at School Boards Association. It goes back to the opening of Crossfire Hurricane. It goes back to the faulty FISA application. It goes back to what we heard on that first panel from Senators Grassley and Johnson. It goes back to the suppression, illegally, of the Hunter Biden laptop story, paid for by the U.S. taxpayers. This corruption needs to be rooted out. It is not just about protecting the U.S. Constitution. It is, most importantly, about protecting the American people from the weaponization of the Federal government against them. Yield back. Chair Jordan. The gentlelady yields back. The Chair now recognizes the Ranking Member for five minutes. Ms. Plaskett. Thank you, Mr. Chair. Huh. Very interesting. As a parent of five children, I think having my rights as a parent is a very sacred trust--a very sacred trust. Mr. Williams, would you say that, having worked as a prosecutor, threats of violence against individuals is something that supersedes an individual simply being a parent? Mr. Williams. Of course, Madam Ranking Member, threats of violence are actionable under the law. Ms. Plaskett. Right. Mr. Williams. When they come, prosecutors can investigate-- or the FBI or any other investigative agency can investigate them and prosecute as appropriate. Ms. Plaskett. Sure. This one-page DOJ memo that we have made much ado about says, in its first instance, that the First Amendment-protected activity should never be subject to prosecution and issues a concern to legal violence and threats of violence that are made to school board officials, most of whom are--surprise, surprise--parents, volunteers who do the unenviable job of trying to direct their children in their communities' activities with regard to education--a job most of us, thankfully, have not had to do. I am also troubled, I am deeply troubled, by all the events as well as the increase in violence and threats of violence against civil servants and Federal law enforcement as we attempt to weaponize these individuals doing their job. In fact, we have seen the consequences of this rhetoric over and over again. I am also deeply troubled by the idea of Congress, as I said in my opening statement, using oversight as a weapon to air a list of political grievances. We seemed to hear much of that from the first panel especially. I have been a Member of the House Oversight Committee, where I saw firsthand how good oversight can help Congress make better public policy. Mr. Williams, you have worked in both Congress and the Executive Branch. Do you agree with me that oversight of the Federal government is an important legislative process? Mr. Williams. Absolutely. As Representative Raskin said at the first panel, the Constitution doesn't explicitly lay out an oversight mandate, but the legislative mandate of Congress provides Congress with its ability to engage in oversight. Oversight is good when it helps the government work better. Ms. Plaskett. Thank you. Do you agree that congressional oversight is at its best when it is focused on addressing the real problems that Americans face every day? Mr. Williams. The real problems Americans face every day and making government work better, absolutely, Congresswoman. Ms. Plaskett. I believe in congressional oversight, and committee Democrats would be willing to work together to conduct oversight of matters such as the disproportionate audits by the IRS of African-American families, recent reports about former Attorney General Bill Barr and Special Counsel John Durham. Mr. Williams, do you agree that congressional oversight works best when it is bipartisan in nature? Mr. Williams. Absolutely. Ms. Plaskett. Have you seen examples of that in bipartisan investigations? Mr. Williams. Oh, absolute--- Ms. Plaskett. I know it is so infrequent now. Have you ever seen any? Mr. Williams. Absolutely. A great example is in 2016 when the House Committee on Oversight, led by Republican Chair Jason Chaffetz and Ranking Member Elijah Cummings, worked together on an investigation, a bipartisan investigation, of the U.S. Secret Service and the mismanagement and misbehavior there. It led to bipartisan legislation that made, as I said, the government work better and Secret Service a more functioning and more functional organization. Ms. Plaskett. What about cooperation between the branches of government? Is it necessary for Congress to be willing to work with the Executive Branch in investigations? Mr. Williams. Yes. Vice versa, absolutely, the Executive Branch should be willing to work with Congress as well. Ms. Plaskett. Would that first instance be trying to come to agreement as to when and how documents and information could be given? Mr. Williams. Absolutely. The public sees hearings but does not see the--when the process works properly, there is a back- and-forth and a give-and-take between the two parties at both ends of Pennsylvania Avenue, as I said before. Yes, both sides. Ms. Plaskett. Would you say two weeks into the Congress issuing subpoenas might be a bit premature for the investigation and cooperation between those branches of government? Mr. Williams. Certainly, Congresswoman, Congress has the authority to issue subpoenas quickly if they wish. I guess you get more flies with honey than with vinegar, to be cute, and working with the other side collaboratively is always going to be a better approach. Ms. Plaskett. Vinegar seems to work better on social media, though, than the honey. I yield back. Chair Jordan. I thank the gentlelady. I would just point out; we tried the honey. A hundred letters we sent in the last Congress. We tried the honey. Ms. Plaskett. The last Congress. Chair Jordan. The honey-- Ms. Plaskett. You are now the Chair. Chair Jordan. The honey didn't work. That is why we sent the subpoenas. Ms. Plaskett. You are now in the majority. You should've tried that first as the Chair of this Committee, not as the Ranking Member. Chair Jordan. We tried--we tried that-- Ms. Plaskett. You didn't do that as Chair. Chair Jordan. --with 100-and-some letters. Ms. Plaskett. You didn't do that as Chair. Chair Jordan. The Chair now recognizes the gentlelady from the State of Wyoming, Ms. Hageman. Ms. Hageman. Thank you, Chair Jordan. It is a privilege to serve on this Select Subcommittee, and I look forward to the work we have ahead of us. After over 30 years as a water, natural resource, and constitutional attorney, I have seen firsthand and fought against the weaponization of the Federal government against my fellow Wyoming citizens and the country at large. Through the testimony of our witnesses today and the points made by my colleagues, it is clear that the culture and mission of the FBI and DOJ has changed in a manner which runs counter to the rights and liberties of the American people. The purpose of government is to secure our natural rights. Yet, the testimony we have heard and the information received from the whistleblowers and other investigative findings has shown that the FBI's mission has moved from securing those rights to using them as a predicate for investigating and surveilling the American people and weaponizing their government structure against them. Mr. Baker, in a Wall Street Journal piece you wrote titled, ``The FBI Needs a Wray of Courage,'' you stated that, in response to Attorney General Garland's memoranda directing the targeting of American parents, Director Wray should respond by highlighting that the FBI won't undertake any investigation based on speech alone. It is troubling that this statement would even need to be made. Mr. Baker, do you think your advice was heeded by Director Wray? Mr. Baker. In fact, I remember that episode quite clearly. I wrote that article in October, just days after the announcement became public. I was in touch with high executives at the FBI a day or two after that. They assured me that the FBI would maintain the standard of only investigating those situations where there was violence and not investigating free speech. I have to accept the Ranking Members of the FBI who told me that. However, my article in The Wall Street Journal still stands. We needed--the FBI needed, the American people needed-- to hear Director Wray say that publicly, as other FBI Directors have spoken up to previous Attorney Generals and previous Presidents. He never did publicly. The American people need to hear--we wouldn't be having this discussion today if he clearly stated that we will not investigate speech, we will only investigate violence. We are still waiting for that statement. Ms. Hageman. Okay. Mr. Turley, from what Mr. Baker just said, we have seen two issues stemming from this abuse and change of priorities within the FBI and DOJ. They are either investigating Americans based upon their constitutionally protected rights or they are flagging lawful action to which they have political objection. In some of your recent writings, you have identified two very important points from the revelation of the FBI-Twitter relationship: First, that this relationship is a First Amendment violation, as it constitutes censorship by surrogate or proxy; and, second, you also are concerned that you don't know what is more menacing, the role the FBI played in Twitter's censorship program or its response to the disclosure of that role. The Constitution is a limited-governance document. The First Amendment identified our God-given right to speak freely and imposes the restraint that the government shall make no law abridging the freedom of speech. Mr. Turley, can you explain the implications of the government relying on private industry to circumvent the First Amendment? Mr. Turley. Thank you for that question. The Supreme Court and lower courts have spent a great deal of time trying to define when our relationship with a private party can cross over to a type of agency relationship. That also applies on the State level through the Fourteenth Amendment. In cases like Paige, for example, you have situations where you have a government official who called an employer to say, ``I don't like what this person said in a public meeting,'' and that employee was fired. The court said that is government action, that is a violation of the First Amendment. One of the things that this Subcommittee has to deal with is that difficult line, and I admit it is difficult. In these Twitter files, there is a very disturbing picture that emerges. You have regular meetings between the FBI and Twitter. They even offered to give clearances to Twitter officials. You have complaints among Twitter employees that this is overwhelming in terms of the number. What you really see is how insatiable censorship becomes, that eventually they were doing what appeared to be word searches and just sending all these postings in for possible action by Twitter. That included things like jokes and other things that anyone looking at it would realize that this is not a nefarious Russian operation. So, when we talk about surrogate censorship, we are talking about one of the most serious threats against free speech. People always say, ``Well, you know, the First Amendment only applies to the government.'' The First Amendment is not synonymous with free speech. It deals with one problem of free speech. What we are talking about with surrogate censorship is a much greater problem for those of us who value free speech as a defining right of this country. Ms. Hageman. I appreciate that. Mr. Massie. [Presiding.] The gentlelady's time has expired. Ms. Hageman. I will yield back. Mr. Massie. I thank the gentlelady from Wyoming. Now, I recognize my friend on the other side of the aisle, Mr. Lynch, who worked successfully and diligently with our late friend, Walter Jones, to secure the release of 28 pages of the 9-11 document. Now, I recognize Mr. Lynch for five minutes. Mr. Lynch. Thank you, Mr. Chair. Mr. Williams, on August 12, 2022, the FBI and DHS released a joint intelligence bulletin warning of an increase in domestic terrorist threats against Federal law enforcement officials following the search of Donald Trump's offices at Mar-a-Lago, including, quote, ``a threat to place a so-called dirty bomb in front of the FBI headquarters and issuing general calls for civilian war and rebellion.'' On August 9, @judiciaryGOP tweeted: The IRS is coming for you. The Department of Justice is coming for you. The FBI is coming for you. No one is safe from the political punishment in Joe Biden's America. On that same day, my colleague, Representative Gosar, my Republican colleague, called the FBI, quote, ``the enemy of the people'' and tweeted: ``We must destroy the FBI,'' close quote. Do you share my concerns, as a former FBI employee, about this type of rhetoric inflaming those who might already be inclined to do harm to our Federal officers? Mr. Williams. Mr. Lynch, above all else, I should take a moment to praise the work of the FBI and the many law enforcement agencies and individuals that I worked with throughout my time, 15 years, in government, much of it in law enforcement. They do work on behalf of the American people and, frankly, don't sign up for threats or abuse. So, to answer your question, no, absolutely the threats hurt and are toxic and corrosive to our democracy. Mr. Lynch. Is it ever appropriate for American leaders to encourage violence against another branch of government? Mr. Williams. The encouragement of violence is never appropriate, either as a moral matter or under the law, sir. Mr. Lynch. Thank you. Now, the FBI has to respond to facts on the ground, and as recently reported by the Bipartisan Center for Strategic and International Studies, 28 of the 30 domestic terrorism fatalities that occurred in 2021 were the result of far-right terrorist attacks perpetrated by individuals who were--and I am quoting, motivated by ideas of racial or ethnic supremacy; opposition to government authority, including procedural overreach related to protocols following the COVID-19 policies; misogyny, a hatred based on sexuality or gender identity; and belief in QAnon conspiracy theory, or opposition to certain policies such as abortion. Mr. Williams, could a congressional investigation designed to spread misinformation suggesting that the government is a threat actually compromise the safety of American citizens? Mr. Williams. The important words there were ``designed to.'' So, of course, a congressional investigation that were designed to do that would be improper, sir. Mr. Lynch. As you have raised as well--I was on the Committee when Mr. Chaffetz, and our dear friend, Elijah Cummings, conducted those negotiations around investigations of the Secret Service. I also agree with the former Chair's instructions around our joining investigations with Walter Jones. Could congressional investigations predicated on anti-law enforcement rhetoric contribute to misinformation that could lead extremists to target government actors? Mr. Williams. Yes, sir. Mr. Lynch. How? Explain that. Go into that a little bit into this. Rather than yes or no, since you sat in that seat, explain to the audience. Mr. Williams. Sure. I think a lot of it is the climate we are in today. There is a significant risk of harm to an individual when people are whipped up by what they read and see. So, certainly, these aren't mere statements. In addition to being legally actionable, they come at a significant cost, sir. Mr. Lynch. At the same time, a unilateral--this Committee is based on the premise that the American people are under attack by the Federal government, by the Department of Justice, by the FBI, by the Department of Homeland Security. That is the premise on which this Committee was based. I just regret the impact that this is going to have on people who might otherwise consider serving in those agencies, and I just wonder if you have a perspective on that as well. Mr. Williams. Again, as I said briefly before, people come to government--in my experience, the vast majority of people I work with, and frankly, if not all of them, came to serve, came to treat the rule of law as their guide and serve the American people. The fear of threats will chill people's ability, (1) to do their jobs, but also (2) in terms of recruiting, people will not want to sign on for a job that will come necessarily with being threatened or doxed online, sir. So, I absolutely agree with that statement. Mr. Lynch. Thank you. My time has expired. I yield back. Chair Jordan. The gentleman yields back. The gentleman from Louisiana, Mr. Johnson, is recognized. Mr. Johnson. Thank you, Mr. Chair. A lot has been said here about the fear of threats, but what we are concerned about, and the scope of this Committee is the fear of threats to the American citizens. The reason we use the term ``weaponization'' is because it is appropriate. We have so many examples of that across so many Federal agencies that were designed to serve and protect the American people and have been used in recent years against them, and it will take us probably two years to lay that out. I just want to focus on one that has been mentioned this morning because the timeline is important, the school board issue. On June 22, 2021, Loudoun County parent Scott Smith spoke out at his local school board meeting, and he was arrested. On September 29, citing Mr. Smith's arrest as an example, the National School Boards Association sent a letter to the Biden Administration requesting Federal law enforcement involvement in local school board disputes. Now, here is what is really important. We learned later that the White House helped the NSBA draft that letter to itself. On October 4, Attorney Garland Merrick Garland issued the now infamous memo directing Federal law enforcement to mobilize against the parents of school children who protest at their local school board meetings. He turned the FBI, the U.S. Attorney's offices, the full weight of the Federal Department of Justice against the very citizens they were sworn to defend and protect. On October 12, we learned that the Loudoun County parent Scott Smith's daughter was actually sexually assaulted at her school, and that the school board covered it up, and that was the reason why that dad showed up to protest. Nine days later, October 21, happened to be the day previously scheduled for Attorney General Merrick Garland himself to appear before our House Judiciary Committee. In that hearing, as my colleagues will remember, he was forced to acknowledge before our Committee that the NSBA letter was the basis of his memo targeting concerned parents, but he refused to acknowledge the obvious chilling effect that memo involving the full weight of the Federal law enforcement apparatus would have on parents' protected First Amendment protected speech. He also, by the way, refused to commit to a mandatory under Federal law, mandatory ethics review of his own family's financial ties to advancing critical race theory in schools, and its relation to his school board memo and the obvious appearance of the conflict of interest therein. I encourage all interested citizens to watch the video of that hearing. It was pretty contentious. The very next day, on October 22, after much public outcry, the NSBA retracted and publicly apologized for its letter labeling concerned parents like Scott Smith as, quote, ``domestic terrorists.'' In the following weeks, over 20 different State school board associations severed their ties with the National School Boards Association. Our Democrat colleagues have tried to downplay the importance of this select Committee, and they even criticized its name as hyperbolic. As this example and so many others clearly show, key agencies have indeed been weaponized. We are informed even still today that this memo has not been retracted by the Attorney General. Here is the question, Mr. Baker. You were an FBI agent for 33 years and were involved in a lot of the important and noble work there. You have also said clearly and been vocal about some of the egregious overreaches you have seen from the FBI and the DOJ. In recent years, you have described what has devolved into a culture of, quote, ``deceit and deception'' involving, quote, ``alarming FBI behavior,'' and you have written that those abuses threaten the liberties of those on the left as well as the right. Professor Turley just cited statistics here today that there are large numbers of Americans who now distrust the FBI. Our task here is to determine exactly how that has happened and how to correct that framework. Mr. Baker, here is the question. In your testimony you noted that FBI Director Mueller a couple of decades ago worked to centralize the FBI, meaning that he centralized all information and decisionmaking, making that at the FBI headquarters as opposed to his predecessor's decentralized model which empowered the field offices instead. Do you believe the elimination of all those layers of supervision, review, and independent judgment is a key reason for all this corruption that we see today and that it is something that must be reformed and reversed? Mr. Baker. Yes, in fact I do, Congressman. I don't use the term ``corruption.'' The term I think is more appropriate that your colleague, Congresswoman Stefanik, used, the rotten culture, the culture rot. Specifically, as regards to centralization, there is no question about it. Traditionally, the FBI field agent headed an investigation. He had a field supervisor above him. Above him was the agent in charge of that office. Only then did the information and the decisionmaking go to FBI headquarters. What happened on the Mueller centralized--all that was eliminated. They ran these key investigations, Hillary Clinton email investigation, and then the Trump collusion investigation, out of headquarters, eliminated all these layers of independent judgment, supervision, gone. So, you had someone like--somebody mentioned his name already here--Strzok who not only writes the communication opening the case, but he also goes the next day to London and conducts the first interview in the case. You have McCabe, a Deputy Director, No. 2 in the whole Bureau, directs the investigation and sends two agents to the White House to interview General Flynn. No levels of review. It was bound to end badly. Mr. Johnson. Thank you. I am out of time. I yield back. Chair Jordan. I thank the gentleman. Yes, they had a name for it. It was called a headquarter special, and the point is it wasn't special so much. It became the norm. With that, the Chair now recognizes-- Mr. Goldman. Mr. Chair, could I have a point of order? There has been a lot of mention of information and testimony that you have received from whistleblowers. When are you planning on providing that to the minority? Chair Jordan. You could have been for the very first deposition--or excuse me--transcribed interview of whistleblower. I was there when he testified on Tuesday. Mr. Goldman. Okay. That is fine. I assume you will turn those over. You talk about dozens of whistleblowers. When are we going to get that information? Chair Jordan. When they testify, when we work with--I will work with the Ranking Member on that issue. Mr. Goldman. You don't have any transcriptions of their interviews? Chair Jordan. We have the first one, and we have the dozens who've come and talked to our office. Mr. Goldman. They talked to your office privately? Chair Jordan. They talked to Republican staff, right. Mr. Goldman. They are not transcribed, no notes, no nothing? Chair Jordan. The first one happened Tuesday. Mr. Goldman. No, no. I am not talking about the first one. I am talking about-- Chair Jordan. The first one happened Tuesday. The next one happens tomorrow. The third one happens next Wednesday, and we will continue to do that. Mr. Goldman. You just said dozens. Do you have notes from those, or are they just talking to your staff? Mr. Bishop. Mr. Chair, isn't that how whistleblowers typically work? Chair Jordan. Well, it is how they are supposed to work. It is not how they worked in the impeachment that Mr. Goldman was a part of when Mr. Schiff said he didn't have contact with that whistleblower but, in fact, he did. Mr. Goldman. Actually, it worked exactly appropriately until Mr. Trump did not allow-- Chair Jordan. We are doing it the way we are supposed to do it, Mr. Goldman. Mr. Goldman. No. You are supposed to turn it over to the minority. Chair Jordan. When they come and testify, you will have access to the transcript, like everyone on the Committee will. Mr. Goldman. You mean your staff is not going to turn it over to our staff; we are year just in the dark? Chair Jordan. No. When the transcript is done, you will get the transcript. Mr. Goldman. I mean of the dozens of whistleblowers you have already talked to that came to talk to your staff. Chair Jordan. Yes. What do you want me to turn over there? Ms. Plaskett. Their names. Mr. Goldman. Notes. Did anyone take notes? Chair Jordan. I will be happy to talk with the Ranking Member on how we handle that information. Mr. Goldman. Thank you. Chair Jordan. All I am telling you is we will schedule each for a deposition, and we are doing that. You didn't show up for the first one. You could have been there. With that-- Mr. Goldman. I didn't know about it. Chair Jordan. The Chair now recognizes-- Ms. Garcia. We didn't have notice. Mr. Bishop. Cicilline was there. Chair Jordan. There were Democrat Members at the-- Ms. Wasserman Schultz. I think you need to work on your schedule. Chair Jordan. The Chair now recognizes, I think, Ms. Sanchez, the gentlelady from California is recognized. Ms. Sanchez. Thank you, Mr. Chair. I know from experience how good investigations can really improve public policy. In 2009, my investigation shed light on the traumatic brain injury risk that accompanies professional football, and I am proud to say that this work changed how football teams, and more importantly, youth sports leagues address concussions. I have also seen congressional oversight at its worst. I served on the Select Committee on Benghazi, and I saw how politicized and expensive that investigation was. I want to note, again, that the final report found no new evidence of wrongdoing. Mr. Williams, you have handled oversight for both Congress and the Executive Branch. Based on your experience, what are the hallmarks of fair and effective congressional oversight? Mr. Williams. Again, fair and effective oversight is, (1) does it serve to make government work and function better on behalf of the American people? Then I would say, (2) is there a process of accommodation between the branches of government that are seeking to have information? In my case, that was the Justice Department and the Department of Homeland Security, but any government entity, are they working productively together, those two things. Ms. Sanchez. I am glad you raised the issue of accommodation process. Can you explain why that is necessary and why the government can't simply comply with every congressional oversight request the moment that it is made? Mr. Williams. Sure. Here is an example, Congresswoman Sanchez. It is actually more efficient in many circumstances for the parties to attempt to come to an agreement prior to, whether it is issuing subpoenas or going straight to hearings, and so on, because of the fact that things that are more contentious are far more likely to end up in litigation and tied up in the courts for whether it is months or years thereafter. Where, if the parties had just at the beginning tried to resolve it, like the judge I clerked for used to say, Can't you all work this out, would try to work it out up front and come to some agreement, where not everybody gets what they were initially asking for, but somehow the process moves forward. Ms. Sanchez. Last week, just two weeks after being named Chair, Mr. Jordan served multiple subpoenas seeking internal information from the Executive Branch. In your experience, can it sometimes take time for the accommodations process to play out? Mr. Williams. Exactly. As I said, it can take time, but it is far more productive to end up with a more time-consuming process up front where everybody ends up getting what they want. Ms. Sanchez. Thank you. Now, I am not a prosecutor, but you have been a prosecutor, correct? Mr. Williams. Yes. Ms. Sanchez. The Chair of this Select Committee held a press conference earlier this week to talk about various interviews that his staff is conducting. Mr. Williams. Yes. Ms. Sanchez. Now, I haven't been able to be in those interviews, but I want to ask you some things that the Committee should keep in mind as it moves forward with our work on this Select Committee. Could the fact that someone has no firsthand knowledge of the matters they are discussing impact the credibility of what they say? Mr. Williams. Yes. Ms. Sanchez. What if they vocally advocated conspiracy theories that have no basis in fact? Should that impact how the Committee views their testimony? Mr. Williams. Yes. Openly advocating conspiracy theories that have no basis, in fact, would have a negative impact on an open investigation. Ms. Sanchez. Thank you. Now, I just want to clarify some of the discussion that we have heard about parents protesting at school board meetings. People have the right to free speech in this country, but is that an absolute right? Mr. Williams. Absolutely. The best example is threats against other people are not--it is just not protected speech. Ms. Sanchez. In fact, many of these people who have shown up at school board meetings have threatened school board officials with violence or even with death. Isn't that the reason why they were placed on this-- Mr. Williams. Sure. Ms. Sanchez. --special sort of monitoring thing, to make sure that they were not going to carry out those threats of violence? Mr. Williams. To be clear, Congresswoman, I am not familiar with the particulars of each individual case. I can say, however, based on my experience as a prosecutor, if somebody threatens somebody else or violated the law in another way in a manner that could either lead to--the term is ``probable cause.'' If there is probable cause to believe that an offense was committed, then certainly law enforcement can take action. Frankly, if law enforcement oversteps its bounds, there is a process through the civil rights process or any other way of dealing with that and addressing it. Ms. Sanchez. So, again, we have the right to free speech in this country, but it is not absolute if it includes threats against other people. It is not just violence that we should be looking out for, but it is also threats of violence that law enforcement should be looking out for. Mr. Williams. Absolutely. It is the threats of violence, because, to be quite straightforward, threats of violence lead to violence or can. Ms. Sanchez. Right. Thank you. I appreciate your testimony. I yield back. Chair Jordan. The gentlelady yields back. The Chair now recognizes the gentleman from Florida, Mr. Gaetz. Mr. Gaetz. Mr. Williams, wouldn't the American people feel like this government wasn't so weaponized against them if there wasn't such a revolving door between Department of Justice senior officials and lobbying? Mr. Williams. I don't quite follow the premise of your question, sir. Mr. Gaetz. It is pretty easy. There is a revolving door between senior officials at the DOJ and the lobbying profession. Do you think that this gives the public more or less trust? Mr. Williams. There are rules governing what employment-- and this is based on my understanding after being in government for 15 years--governing what post-government employment can be. One, what individual's actions can be once they are employed elsewhere, but also what they are allowed to-- Mr. Gaetz. Lobbying is influence peddling, and you are the principal at the Raben Group, which is a lobbying firm. I would observe the reporting of Project Veritas where Jordan Tristan Walker, who is a director of research and development, said on a recording: One of the things we are exploring is, like, why don't we just manipulate COVID ourselves, mutate COVID via directed evolution. Pfizer serves as a revolving door for all government officials. It is pretty good for industry, to be honest. It is bad for everyone else in America. Mr. Gaetz. Pfizer is one of the clients of the lobbying firm that you are a principal of, isn't it? Mr. Williams. I do not represent Pfizer. I do not know, sir-- Mr. Gaetz. You are a principal of the Raben Group, right? Mr. Williams. No. That is correct. I mean, I-- Mr. Gaetz. Mr. Chair, I seek unanimous consent to enter into the record the clients of the Raben Group, which include Pfizer. Chair Jordan. Without objection. Mr. Gaetz. Not just Pfizer, but Google as well. In response to the Twitter files, we saw a statement come from the FBI where they said: Correspondence between the FBI and Twitter show nothing more than examples of our traditional, longstanding, and ongoing Federal government and private sector engagements. Mr. Gaetz. Are there such engagements between the FBI and Google? Mr. Williams. When you say, ``such engagements,'' sir, I don't quite-- Mr. Gaetz. Does Google engage with the FBI, Mr. Williams? Mr. Williams. I don't work for either Google or the FBI, sir, so I can't-- Mr. Gaetz. No. Gosh, I would have to again point you to your own client list that you advertise on your own website, which includes Google. Does it surprise you that on the Raben Group's website, Pfizer and Goggle are clients? Mr. Williams. It does not surprise me, sir, no. Mr. Gaetz. The Soros-funded Open Society is one of the clients as well. Does that surprise you? Mr. Williams. Sir, I don't have our client list in front of me right now. I will--assuming that is what it says, I will take your word for it. Mr. Gaetz. I would think that maybe one of the legislative initiatives we could pursue would be to tighten this revolving door that folks at Pfizer and folks at big tech seem to freely acknowledge and which you seem to be the incarnant of the revolving door. Mr. Baker and Ms. Parker-- Mr. Williams. Could I respond to that? Chair Jordan. It is the gentleman's time. Mr. Gaetz. I want to ensure you both that we have come not to trash the FBI, but to rescue the FBI from political capture. It seems as though that political capture was really enhanced when Robert Mueller took a lot of the authority and power away from the field offices all over our country and centralized that power. Mr. Baker, do you believe that through legislation we might be able to restore the system of office origin where events occur, people are able to conduct investigations in the absence of the influences of Washington, DC? Mr. Baker. There is no doubt Congress can be an advocate doing a lot of good by having these hearings, this panel. A lot of these things, though, have to be done internally by the DOJ and the FBI. There is absolutely a role for Congress looking at the abuses of Pfizer for one, the abuses of the unmasking for another, the abuses of the indirect targeting, which actually the CIA and the NSA do rather than the FBI; but these are all things Congress can legislate solutions to. Mr. Gaetz. It seems as though those abuses become more acute the greater they have a geographic proximity to Washington, DC. Seems we don't see these abuses with the brave FBI agents, like Ms. Parker, who I am very grateful served my fellow Floridians in the Miami Field Office. Ms. Parker, if we got the decisionmaking more out of Washington, DC, and into the hands of our field offices where we have so many patriotic and brave FBI officials, do you think we would be able to escape this political capture that, quite literally, drove you out of the bureau? Ms. Parker. I think that is absolutely critical at this point in our American history. When I mentioned in the opening statement, if there are two FBIs, we in the FBI see it as the field offices, the standard rank and file. We are typically the agents who just came to the FBI to serve the country, protect American citizens, and fight crime. We have no interest in politics. We really have no interest in promoting many times. Then FBI 2 is kind of more individuals that are at the headquarters level. Sometimes-- Mr. Gaetz. It seems as though that politics isn't out in the field office, it is here in Washington, DC. That is precise what we ought to deconstruct legislatively. I thank the witnesses. I yield back. Chair Jordan. The gentleman yields back. The Chair now recognizes the gentlelady from the State of Florida, Ms. Wasserman Schultz. Ms. Wasserman Schultz. Thank you, Mr. Chair. Mr. Williams, do you want to take about 30 seconds to respond? Mr. Williams. It won't even take 30 seconds, Congresswoman. What I would say is, if we are talking today about what is within Congress' powers and duties under Articles I of the Constitution, one such thing is legislation. If Congress wishes to pass bipartisan legislation either about the Federal Elections Commission or lobbying requirements, have at it--that is Congress' role--and work together and do it. I would support it, and I am sure many people in this room would. Mr. Gaetz. Alas, our first bipartisan agreement. Mr. Williams. I-- Mr. Gaetz. We are in agreement then. Ms. Wasserman Schultz. Reclaiming my time. Mr. Williams. I am sorry. Ms. Wasserman Schultz. That is Okay. Not from you. Thank you. First, I want to thank you, Ms. Parker, as a victim of the Cesar Sayoc bomb package case, along with my staff. I appreciate your service and the work that you did in the Miami Bureau. Mr. Williams, you worked in oversight for a long time, as you noted, in Congress, for the Executive Branch. You have seen it at its best and worst. Although the Judiciary Committee has issued subpoenas over unfounded accusations just two weeks into this Congress, I know I have serious concerns over their rush to judgment, like many other Committee actions that are employed by Republicans for purely political reasons. Their move also clearly shows that when Republicans are in charge, they use the levers of power to weaponize government. So, can you tell us some examples of congressional oversight that has been abused in that way? Mr. Williams. Well, what I will say, Congresswoman, is that when congressional oversight is abused, history doesn't treat it well. None of us today are the judge or the guide, but history will be. If, for instance, individuals are targeted, history will not be the judge of that if Congress is using its authorities to do so and overstep its bounds beyond its scope of its Article I authority. Ms. Wasserman Schultz. Thank you. What can Members of Congress learn from past examples of the politicization of oversight? Mr. Williams. I think the past is prologue. By recognizing that with a large platform as Congress has, it has the trendability to harm people as much as it does to do good. Congress ought to perhaps have that in mind when thinking about how to make government work better. Ms. Wasserman Schultz. Thank you. In 2015, a Member of Congress, who happens to currently hold the gavel now in the House, boasted that the Benghazi Select Committee was effective all because it hurt Hillary Clinton politically, saying, quote, Everybody thought Hillary Clinton was unbeatable, right. We put together a Benghazi Special Committee, a Select Committee. What are her numbers today? He even bragged in the same statement that because of it, her, quote, ``numbers are dropping,'' unquote. During Hillary Clinton's 2016 campaign, Republicans held nine investigative hearings focusing on her, including one where they called her to testify for over 11 hours. That was clearly politicized and weaponized oversight. Frankly, this Weaponization Committee itself epitomizes the weaponization of government. So, Mr. Williams, is it ever appropriate to turn congressional oversight authority into a weapon to harm a political opponent? Mr. Williams. No. Ms. Wasserman Schultz. How can the politicization of congressional oversight harm the credibility of future congressional investigations? Mr. Williams. That is exactly the point I was going to get to, Congresswoman. If the public loses its faith in Congress' ability to be a fair arbiter of oversight disputes, then what does Congress have ultimately? So, yes, this is about the integrity of Congress, I think. Ms. Wasserman Schultz. Thank you so much. Mr. Turley, turning to you, have you ever worked for Twitter? Mr. Turley. No. Ms. Wasserman Schultz. Do you have any formal relationship with the company? Mr. Turley. No. I just have an account. Ms. Wasserman Schultz. Do you have any specific or special or unique knowledge about the inner workings of Twitter? Mr. Turley. Nothing beyond the Twitter files and what I read in the media. Ms. Wasserman Schultz. So, essentially, your responses to the questions here today were your own opinion and pure conjecture? Mr. Turley. No, I wouldn't say that. They are based--I try to base them on what we know from the Twitter files. Ms. Wasserman Schultz. Well, but you said that you don't have any specific or unique knowledge of Twitter, but you spoke as if you did. You were asked very specific questions about Twitter's--the way Twitter functions and the decisionmaking that they make. Yet, you don't have any unique or special knowledge about Twitter and have never worked for them. So, this is only just your opinion, would you say, as a Twitter account user? Mr. Turley. No. I have come to give legal analysis based on facts that are in the public domain. I was really referring to what the--I was asked about the-- Ms. Wasserman Schultz. Reclaiming my time. Legal analysis is another word for opinion? Mr. Turley. Well, I would think there is some distinction, but, yes, it ultimately is an opinion. I believe the question to me was based on what the Twitter files show, and that was my reading of the Twitter files. Ms. Wasserman Schultz. Right. Again, that is another way of describing your opinion being offered, which was represented as unique and special facts which you don't possess. Thank you. I yield back the balance of my time. Chair Jordan. The gentlelady yields back. The Chair now recognizes the gentleman from California, Mr. Issa. Mr. Gaetz. Mr. Chair, before he goes, may I be recognized for a unanimous consent request? Chair Jordan. My apologies. Yes, the gentleman is recognized for a unanimous consent. Mr. Gaetz. Thank you, Mr. Chair. I seek unanimous consent to enter into the record a Republican staff report from the Committee on the Judiciary dated November 4, 2022, entitled, ``FBI Whistleblowers: What Their Disclosures Indicate,'' and ask that the Committee also provide a copy to Mr. Goldman, so that he might be able to review all the staff notes compiled in the report. Chair Jordan. Without objection, so ordered. Chair Jordan. The Chair now recognizes the gentleman from California. Mr. Issa. I thank the Chair. Dr. Turley, let me just go back--or Mr. Turley, let me just go back. How many times have you testified before Congress on behalf of all of us; dozens and dozens and dozens over my 22 years? Mr. Turley. I have testified both as a Republican and Democrat witness over 50 times, approaching 60. Mr. Issa. So, to use a term of art, you are an expert witness when it comes to evaluating the Constitution and a great many laws and their interpretation? Mr. Turley. That is how I have been called--that is why I have been called. Mr. Issa. You teach in that role? Mr. Turley. I do. Mr. Issa. Okay. I want to thank you because in my 22 years, I have seen you representing both sides many times, and normally treated with the respect that your opinions, based on your readings or your scholarly work, are generally respected by both sides of the aisle. I thank you for that. This Committee is rightfully being talked about-- Subcommittee about weaponization of government, but I just want to clear up a couple of points. The previous operation known as Operation Choke Point where government limited people's ability, actually, to have bank accounts, that would be weaponization by government, a decision by government to affect commerce, correct? Mr. Turley. Well, it certainly affects commerce. There is no question about that. Mr. Issa. Okay. It is outside what one would think the Administrative State has a right to do in any sense? Our right--our liberties include that right to have commerce not impinged by based on our political views by our government. So, in a sense, the weaponization of DOJ isn't new, is it? It predates this Administration and even the previous one. Mr. Turley. No, that is true. Some of the darkest chapters in our history have come from the Department of Justice losing that independence and objective element that they pride themselves on. That goes back to the Palmer Raids and even before then. Whenever the DOJ and the FBI has lost its way in that sense, it has come at a great cost to the country, as well as the Department. Mr. Issa. Speaking of lost their way, back in 2010, 2012, with the IRS's targeting of conservative groups headed by Lois Lerner, that certainly limited the free speech of those organizations when they were denied their ability to hold themselves as a not for profits, correct? Mr. Turley. That had serious free speech implications. Mr. Issa. So, when we look at the weaponization of government, we should not limit it to three-letter words over at DOJ. In fact, we need to look at government broadly and how it might impinge free speech or our rights to simply have our liberties. To that extent, we have covered a lot of the FBI, and that isimportant, and I am mentioning the IRS. Behind there, I have a concern about the FBI. Ms. Parker, I have got to go to you. Is that something that you think represents the neutralism of simply being law enforcement, for the FBI basically being able to kneel in support of Black Lives Matter? Ms. Parker. That would not be deemed appropriate. They are wearing their official FBI ballistic vests. Although, like we have mentioned, FBI agents have the right to my First Amendment thoughts, but I am not at the liberty to express any of my political or social opinions while on the job. I know that in that instance, they were guarding our national institutions and that we heard they were saying that they were trying to deescalate the situation. In those pictures, it appears that there are people smiling, clapping. It looked very far from deescalation to me. It is not appropriate to make any sort of potentially political or social statement while wearing your FBI ballistic vests on official duty. No, it is not appropriate. Mr. Issa. In the decades when I served in the Army, we were warned about, when in uniform, being involved in anything that appeared to be picking a side. Certainly, they picked a side there. I just want to close my questioning, because we are going to be doing this probably for two years, and ask a question again, Mr. Turley. We have this question of government and what it is doing. A lot of people are talking about how Twitter is a private company, Facebook is a private company. They are all private companies. Isn't it fair to say that from a standpoint of statutory and constitutional history, our government has clearly looked at entities which convey free speech, newspapers, radio, television, and has limited the concentration of power and the concentration of ownership to maintain, although private, an ability for all, or at least most, free speech to find an avenue? Isn't that the history that we are also going to have to look at when it is concentrated in just a few companies? Mr. Turley. It is. The fact is that much of our political dialog now takes place on social media, which has replaced even telephones as a common form of communication. That is why it is true that private companies can limit speech. You have to keep in mind these are communicative companies. These are closer to the AT&T than they are Starbucks, and that raises a serious question in terms of not just looking at the government aspect of coordinating and targeting citizens for possible censorship, but the control of these companies over speech. I think that the people that sort of dismiss that are really losing the fact that this is now much of what is the marketplace of ideas. The marketplace of ideas is now a digital marketplace, and it is controlled by these companies. Mr. Issa. Thank you. Thank you, Mr. Chair. I yield back. Chair Jordan. The gentleman yields back. The gentleman from Virginia, Mr. Connolly, is recognized. Mr. Connolly. Thank you, Mr. Chair. I am so glad my friend from California just brought up Lois Lerner and the IRS and your comment, Professor Turley, that this was troubling in terms of targeting a particular point of view, because, of course, that is not true. As we learned, the Inspector General, the TIGDA, deliberately focused only on conservative filters, even though he was presented with clear evidence that the filters were nonpartisan. There were liberal filters, lefty filters, conservative filters, Republican filters, and Democratic filters. They chose, because they wanted to make a case, that this was deliberate censorship and targeting by the IRS. Wasn't true, never was true, false premise. That is what I worry about right here on this Committee. The premise is the FBI is tainted; the FBI is doing dirty work. It is got the hobnail boot of government on the necks of the American people who are simply trying to express themselves. Mr. Williams, do you think the insurrectionists, thousands of them, who came here, many of them armed, that led to five deaths in the storming of the Capitol, who tried to prevent the constitutional certification of the counting of the ballots for the President of the United States on January 6, 2021, do you think that was nothing more than patriots that got a little carried away, and they were just expressing their First Amendment rights, and the FBI shouldn't have been looking at it and certainly shouldn't be prosecuting people for it? Mr. Williams. Well, certainly, sir. I believe almost 1,000, if not over 1,000 people have been charged with crimes in connection with that day. Several people have now been convicted by juries, and also with findings that were affirmed by Federal judges, of seditious conspiracy. That is using force or threats to impede or delay the execution of the laws of the United States. Mr. Connolly. Right. So, I guess I hear you saying we need to make a distinction between the expression of views, which is absolutely protected under the Constitution of the United States, First Amendment, and the use of violence to propound and propagate those views? Mr. Williams. That is correct. So, the First Amendment does not protect the use of violence. Mr. Connolly. Right. In fact, that is illegal. Mr. Williams. Correct. Mr. Connolly. So, when we talk about parents just going to school boards trying to express their concerns, that is true. Many parents go. I was a parent with a kid in a school system. I was a card-carrying PTA member. I, certainly, testified now and then about the school budget or school issues. I didn't threaten the lives or families of school board members. I didn't anonymously threaten violence or let it be known I knew where they lived and that there would be trouble. That is a different form of speech, isn't it? Mr. Williams. Yes. Mr. Connolly. Would it be wrong for the FBI, under some circumstances, to be called in to look into that for the protection of elected school board members, and for that matter, active parents? Mr. Williams. Both the FBI, or State and local authorities who, also, have the ability to investigate violent crime, both do. Mr. Connolly. So, do you think the FBI is the enemy of the American people? Mr. Williams. I do not, in my experience. Look, again, I was in government for 15 years. I do not. Mr. Connolly. Do you think that the FBI ought to be defunded? Mr. Williams. I do not believe the FBI should be defunded. Mr. Connolly. So, for example, if they were, the Tampa Field Office that infiltrated and spent six months embedded in a network of ransomware gang, Hive, and took it down, Hive is no longer functioning, is that a good thing or a bad thing? Mr. Williams. It is a very good thing. Look, I was a prosecutor and a Senior Executive with the Justice Department. Fighting crime is a good thing, and I think we should all agree on that. Mr. Connolly. I see. So, they are not just censoring free speech; they are actually doing some good things that protect the American people? Mr. Williams. Yes. Mr. Connolly. Would you say that characterizes largely their mission and their function? Mr. Williams. In my experience of working with the FBI and other Federal law enforcement for years, absolutely, sir, that was my experience. Mr. Connolly. So, we have to put everything in context here. We can't allow somebody who asserts they are up to no good because a particular agent, or a couple of agents may be doing X, Y, and Z, not to taint the entire function and mission or personnel of the FBI. Is that a fair statement? Mr. Williams. That is a fair statement, correct. Mr. Connolly. That goes to their other missions, cybersecurity protection, human sex trafficking, breaking up those rings, and, for that matter, protecting us from domestic extremists who are propounding and using violence as a weapon to further their cause. Mr. Williams. What is special about the FBI, sir, very quickly, is that, unlike many other law enforcement agencies, it has both a counterterrorism element and a law enforcement element. Now, many people may think those are all one and the same, but those are actually two different functions. So, yes, both of those help keep the American people safe. Mr. Connolly. I thank you. I yield back. Chair Jordan. I thank the gentleman. The gentleman from Utah, Mr. Stewart, is recognized. Mr. Stewart. Thank you, Mr. Chair and to the witnesses, thank you. Mr. Turley, my condolences that you have had to sit through 60 of these, but thank you for doing that. I look forward to hearing from all of you. Mr. Chair, I also look forward to hearing from others who are key to this investigation, Christopher Wray, the Attorney General, former FBI Director Comey, former CIA Director Brennan. I hope we have a chance to hear from them as well. I want to share with you my first experience in this area. In 2017, as a Member of the House Intelligence Committee, after months and months of stonewalling, we were finally allowed to go to the FBI Building and to read the FISA application on Carter Page. After reading that application, it was very, very clear to me the FBI has lied to the FISA courts. The FBI has lied to Congress, and the FBI has lied to the American people. After that, I had a similar experience with some CIA documents and then other agencies. The result of this is when--Mr. Turley, you talked about losing the faith of the American people. If an FBI agent called me today and said they wanted to speak with me, I would never speak to them, regardless of the topic, without my attorney present. By the way, Congress has to reauthorize 702 this year, and we are a long way away from getting the trust and confidence because of the subject we are talking about today. We will lose a valuable tool if many people are simply going to say: We won't give them that authority. They abuse it. I would like to focus on the FBI abuse if I could. I would remind you, Carter Page was an innocent American citizen. The FBI said he was a Russian spy. It turned out that was not true. In fact, it turned out that there was zero evidence that he was a Russian spy. Yet, the FBI IG went and looked at the FISA application, and this is what they found. Mr. Williams, I hope you will pay attention to this because I am going to ask you a question about this. They found 17 significant errors and omissions. They found 51 wrong or unsupported factual assertions, including the FBI lawyers who simply made-up evidence and included it in the FISA application. Disgusted by this, I would suppose, the IG went and looked at a random 25 other FISA applications and found significant inconsistencies and omissions in every one of them. Mr. Baker, you are a former FBI agent. Do you think that 17 omissions, 51 wrong assertions in a FISA application that, by the way, if you are going to get one right, don't you think the one that has targeting the President of the United States would be one you would be particularly careful of? Yet, they found that many omissions. Do you find that a standard acceptable? Mr. Baker. Of course not, Congressman. In fact, it is actually even worse than you described. There was exculpatory information available that was not considered. Some of the information that was considered we now know from the Steele dossier was false. Mr. Stewart. That is right. The list goes on. Mr. Baker. Even beyond that, the fact is that individual American, that U.S. person, Carter Page, should not have been subject to that FISA surveillance because he was an individual who--this is all in the public record now. He cooperated with the CIA and the FBI-- Mr. Stewart. That is right. Mr. Baker. --in its previous investigations. So, by the guidelines that existed then, he should have been excluded from FISA. He could have been directly interviewed. Mr. Stewart. That is right. Mr. Baker, I am going to cut you off because you have made your point. Mr. Baker. Okay. Mr. Stewart. Mr. Williams, do you think that, as I have described to you, 17 omissions, 51 wrong assertions in one FISA application is professionally done? Mr. Williams. Sir, I would say that this is a matter that continues to be of interest to the Justice Department and I-- Mr. Stewart. Just a simple question. Do you find that acceptable? I would be--I think it is hilarious that you won't say, no, I don't. Mr. Williams. What I am saying, sir, is that this is a matter before Justice Department and Congress that has been ongoing for years and-- Mr. Stewart. So, you won't answer the question? Mr. Williams. What I will say is that it makes sense for you to direct the question to the Justice Department. Mr. Stewart. I am asking your opinion. I am not asking you for any insight into their investigation. I am asking for a simple opinion. Do you find that acceptable? Mr. Williams. What I will say as a-- Mr. Stewart. Never mind. You won't answer the question. Voice. Think he answered. Mr. Stewart. Because of this, the FBI initiated reforms. You know what they were? Trainings. Here are some trainings for Senior FBI officials: Training No. 1, don't lie to FISA courts. Training No. 2, don't make things up. How about training No. 3: Don't hide evidence. That is what senior officials in the FBI did. I wish I had more time--I am almost out of time, because I would come to you and ask--first, Mr. Williams, I would come back one more time and ask you if you find that acceptable or not, but we won't waste time with it. I would ask, how do we restore faith in the FBI? Because we want to trust the FBI. People say, ``You are going after the FBI.'' What nonsense. We are trying to protect the FBI. I know FBI agents who are deeply offended by what they see. They want us to hold them accountable, and that is what the Committee is going to do. Thank you. I yield back. Chair Jordan. I thank the gentleman. The Chair now recognizes the gentleman from California, Mr. Garamendi. Mr. Garamendi. Thank you, Mr. Chair. It pays to do a lot of listening, and what I have heard is a lot of discussion about this memo. We really ought to take a look at it. In fact, it is on the FBI website right now. You can pull it up as I talk. Mr. Chair, I would like to enter that memo into the record. Chair Jordan. Without objection. Mr. Garbarino. Thank you. So, what do we really have here? I have read the memo. I recommend we all do. It starts off in the first paragraph making it perfectly clear that: (1) The lawful First Amendment protection activity should never be subject to prosecution. That is the free speech piece right there in the very first paragraph of the memo. (2) The actual issue of concern in this memo is the illegal violence, which has been discussed by several of you, as totally illegal, or threats of violence. So, let me be very, very clear here. We have myriad examples of extraordinary, serious violent threats targeting school board officials that should be of concern to everyone in this room and all my colleagues. Behind me are just three of the written examples that were of concern to the FBI. First, quote, ``it is too bad that your mama is an ugly communist whore. If she doesn't quit or resign before the end of the year, we will kill her. But first, we will kill you.'' That would seem to me that is a rather clear example of a violent expression of free speech which is illegal. Second, behind me is another written: ``This is why Hitler threw you [expletive] into the gas chamber.'' Third, ``We are coming after you, stinking traitors of America.'' This is what was out there in public school board meetings. I would love to show you the videos of those meetings, but we are not allowed to under the rules apparently. If we were to do that, we would have a rather clear and numerous examples of violent threats to school board members, teachers, and administrators across this Nation. This memo by the Attorney General, however it came to be, and that has been discussed here, that maybe somebody suggested that he take action on this, which is rather common. There are not one of us on this dais that hasn't been asked by one or more of our constituents to do something. So, the Attorney General does. He sends out a memo to the FBI agents across the country saying, bad things are going on. Maybe I should just read it. Threats against public servants are not only illegal, they run counter to our Nation's core values. Those who dedicate their time and energy to ensuring that our children receive a proper education in a safe environment deserve to be able to do their work without fear for their safety. That is the memo. That is what happened here, is the Director noting--and I am sure he had more than one source than the School Board Association--that there were things going on in our society that were dangerous. Ms. Parker, you spoke to the difference here between free speech and violent speech, which is what the FBI Director did. He said to the agents, ``Pay attention to this and keep track of it.'' Why? Why did he want them to do that? Because there were threats, very real threats. Did any of them materialize? There is evidence that they did, if you take a look across this country at the number of public servants that simply decided to not serve because of the violent threats. So, as we go about our work here, as we go about looking at the weaponization of the Federal government, we must be careful that we don't become a weapon to be used for political purposes. There clearly, absolutely, is a need to monitor all Federal agencies, law enforcement, military, on and on. Let's be very careful that we don't use this Committee as a weapon for political purposes. Chair Jordan. The gentleman's time has expired. The gentleman yields back. The gentleman from Kentucky is recognized. Mr. Massie. I thank the gentleman from Ohio. It occurs to me that we are sitting here in a Committee that has a fancy name, a different name. There are people watching our very first hearing and wondering, are these folks serious? There are people who have spent their careers dedicated to the service of people in this country working at the FBI wondering are these folks serious enough that I could be a whistleblower, that I could come forward and share information with them and they would actually do something with it, and that something good could come from it. I want to let those people who are watching--Ms. Parker and Mr. Baker, you are an excellent example of people who will come forward and make a difference. I want to let those people know that I have come to this city for 10 years with one basic premise, which is, this is the best country on the planet, best country that has ever been. It is deeply flawed, but we owe it to our children to fix it, and that is why I sought to be on this Committee. That is why I thank you, Mr. Baker, and you, Ms. Parker, for being here, and why I invite others who are watching to please come to us. Find somebody on this dais that you trust and tell us your story so we can fix it. Speaking of fixing things, I want to talk about the FISA program which, Mr. Baker, you have talked about in your testimony, particularly, the 702 part of it, parts of it that we are going to reexamine and reauthorize potentially. On the surface of it, it sounds like a practical legal concept that you would collect information on foreign targets who don't have constitutional rights, and you might incidentally collect information that pertains to U.S. citizens who do have constitutional rights. Because it was collected incidentally and not in pursuit of that U.S. person; we will go look at this data, you know. We will put some policies and procedures, but the Constitution does not apply here because it was incidentally collected. Well, if the incidental collection were small enough, that might be a valid concept. The problem is, we have collected millions of exabytes of data. When what you are collecting incidentally becomes the entire universe, I think you might need a warrant to go look at that information. When the number of searches that is done on U.S. persons by the FBI--I am not talking about CIA, NSA--we know in 2020, it was over a million searches into this phishing, into this data base where you don't need a warrant. Then in 2021, it went from a million to over three million searches. This is problematic, and I hope we look at this going forward. Mr. Baker, you mentioned something in your written testimony I don't think you got a chance to speak about here today. Can you tell us what reverse targeting is and why we might want to be concerned about that? Mr. Baker. Yes. It is not well-understood, but in a nutshell, here it is. The CIA and the NSA are forbidden to target Americans, as you know. They often--and as you have said, ``the numbers are in the vast numbers where they pick up Americans most of the time just by incidental collection and the Americans are not really doing anything wrong.'' If they pick up information that an American is breaking the law or is somehow a threat to national security, those other agencies, the CIA and the NSA, are supposed to provide that information to the FBI for appropriate action. Action can be taken on it. In reverse targeting, which John Brennan, during the Russian collusion thing, acknowledged they were doing, they would target a foreign person who was close to an American they were really interested in. Then when they picked up that information on the American, ah-ha, we got it in incidental collection, which it was all phony and false. It wasn't incidental collection at all. That is another thing that you in the Congress, on both sides of the aisle, can address and correct. You can make--you can institute penalties for them pulling this monkey business like that. Mr. Massie. Mr. Turley, Professor Turley, I know we don't have a lot of time, but do you think--and, obviously, private companies don't infringe the First Amendment until the government tells them to do it. Do you think that Section 230 gave them some comfort that if they did that, these private companies, if they sort of--when the government suggested to do something, that they did it, that they would have a safe harbor? Mr. Turley. Well, I do think that Section 230 is becoming increasingly untenable. It was really designed on the premise that the social media companies and other platforms were not in an editing function, that they were simply a forum, a publisher. That is clearly not the case. We, obviously, have an extensive censorship system here that is in place. So, the premise of 230 I think has largely been discarded. The implications of what has been created cannot be really overstated. We are talking about a censorship system that affects billions of people, and we also have a confirmation in the Twitter files of the U.S. Government pinpointing people who should be censored or suspended. That should trouble people, regardless of your party affiliation, whether you want the government in that business. I think that is worthy of a debate. Mr. Massie. I thank you. I yield back. Chair Jordan. I thank the gentleman. The Chair now recognizes the gentleman from Texas, Mr. Allred. Mr. Allred. Thank you, Mr. Chair. I have worked hard now in my five years--going into my fifth year in this body to develop a reputation and a record of bipartisanship, of working on issues like veterans' healthcare and benefits, on infrastructure, on paid leave, trying to improve folks' lives. To me this Subcommittee and this hearing is a disgrace. It has nothing to do with helping the Americans struggling. It has nothing to do helping with families like mine growing up. I was raised by a single mother. It hass just been an airing of grievances, of debunked claims and conspiracy theories. I think most folks watching back home are having a hard time following some of what you are saying because it goes so far down the rabbit hole. Now, before I was elected to Congress, I was a civil rights lawyer. I served as an appointed lawyer in the Obama Administration. I believe in Congress' Article I duties to conduct oversight, and the Executive Branch's responsibilities to enforce the law and work with us. That nexus is governed by the accommodation process which ensures that there is trust and prevents politicians from meddling in the Department of Justice and into its investigations. On January 20, the Justice Department sent a letter to the Chair saying that, We share your belief that congressional oversight is vital to our function of democracy, and we are committed to cooperating with legitimate efforts to seek information, consistent with our obligation to protect Executive Branch confidentiality interests. It says: The Department's mission is to independently and impartially uphold the rule of law, requires us to maintain the integrity of our investigations, prosecutions, and civil actions and to avoid even a perception that our efforts are being influenced by anything but the law and the facts. Despite that, the Chair of this Committee has sought to seek numerous documents related to the FBI's ongoing investigations into the January 6th Capitol insurrection cases and other domestic terrorist cases, many of which are open investigations that are ongoing. Mr. Baker, just to set a tone here, do you agree that the attack on the Capitol on January 6th was an act of domestic terrorism? Mr. Baker. I am sorry. Could you repeat the question? Mr. Allred. Do you agree the attack on the Capitol on January 6th was an act of domestic terrorism? Mr. Baker. I don't think I am in a position to judge that. It was an act of lawlessness. There was a lot of property destroyed-- Mr. Allred. You are here as an expert, sir. Mr. Baker. --and there were crimes committed by trespassing. Mr. Allred. You are here based on your experience. Mr. Baker. I don't know if that rises to the level of terrorism, quite frankly. It might, but I don't know that. Mr. Allred. Well, what would constitute domestic terrorism to you, sir? Mr. Baker. Domestic terrorism is acts of violence to influence political decisions. That is the-- Mr. Allred. Do you know what we do on January 6th every four years? Mr. Baker. January 6th, to me, looked like a riot. Mr. Allred. It was a seditious conspiracy-- Mr. Baker. It was lawless. It was lawless. There was property destroyed. There was trespassing. There were people injured. Those are all crimes. Mr. Allred. Thankfully, numerous courts and juries have disagreed with you and have found many of those insurrectionists guilty. It was an act of domestic terrorism. I thank you for clarifying for all of us here that you can't decide whether it was or not. I want to go to you, Mr. Williams, because I think that we need to be very careful here. Nobody really wants Members of Congress or politicians jumping into ongoing criminal investigations, for many good reasons that I think you lay out in your testimony. Can you give us just a few reasons of why it would be a major problem for criminal investigations to suddenly be subject to the whim of a politician? Mr. Williams. I would say three reasons, Congressman Allred. Thank you for that question. (1) As articulated in the letter by the Deputy Attorney General that was quoted by I believe it was Congressman Raskin earlier, you do not want the public to get a roadmap for how investigations are going to play out. That involves tipping off witnesses or defendants who might be brought into the system. So, that is point one. You just don't want to give the roadmap. That is the word used by the Justice Department. (2) This is a big one--the fear of influence or the appearance of influence. If a prosecution continues right after a Member of Congress or someone speaks out, the public is left with the perception that Congress, in effect, had its thumb on the scale of a Federal prosecution. That is problematic. (3) Finally, everyone is entitled to a presumption of innocence. The Justice Department takes very seriously the idea that naming or outing people who are not themselves yet criminal defendants are incredibly problematic, dangerous in a profound manner. Mr. Allred. Thank you, Mr. Williams. I yield back. Chair Jordan. I thank the gentleman. The gentleman yields back. The Chair now recognizes the gentleman from North Carolina, Mr. Bishop. Mr. Bishop. Thank you, Mr. Chair. Mr. Turley, I saw the effort to discredit you by a Member on the other side sort of go down in flames. I don't think much else needs to be said about that. I think what is interesting about what you have written and then in your testimony about the Twitter files and your tentative conclusion about what they may indicate is a product that, first, it bears repeating. You said there that it, quote, ``could well constitute the largest censorship program ever run by the government'' of the United States. I think what attracts you is, there is a body of evidence-- it is not accusations; it is evidence--that we would not have but for the voluntary--maybe extraordinarily unlikely voluntary act of a very wealthy American who had the will and interest to purchase that company and then disclose what its files hold. Here is what has been notable. We didn't get any information about what the FBI and the CIA and the ODNI and GEC and all the other agencies are engaged in from those agencies. The American people wouldn't know but for Elon Musk's disclosures and the independent journalists who have been using them. You have talked a little bit in response to earlier questions about how there might be enough evidence there, or in other evidence we might be able to get of it's kind, to suggest an agency relationship between the United States Government-- the agencies, the FBI--and these social media platforms that would cross the First Amendment line and violate the rights of Americans whose content was flagged for taking down. That may well be, but it seems to me there is another angle to this. Everybody knows, in the debate over Big Tech, that these social media platforms have content moderation policies that are narrower than the First Amendment. They take down speech as a matter of practice that the First Amendment would protect if it were a government. In fact, a lot of people say, ``Well, they can do that. They are private businesses.'' The question that gets at me is this: How could the FBI, which is sworn to protect the Constitution, ever justify using intense application of its resources, agents, et cetera, to urge social media platforms to use those standards to take down speech that the Constitution protects? Mr. Turley. Yes. This goes to the sort of bifurcated issue here, legally, that is: You have on one hand the question of the agency relationship--which, actually, some courts, like the Eighth Circuit in Dossett, the Sixth Circuit in Paige, have had analogous cases where they said that there was an agency when a government official made a call and negative actions were taken. There is also the direct action. Obviously, Federal agents are government actors. In these cases, you have the agency identifying American citizens and others for their viewpoints and saying, ``We think these people should be suspended or removed.'' As I say in my testimony, it is a particularly ominous thing to have the chief law enforcement agency performing this role, an agency with incredible powers. This wasn't the normal situation of a public affairs office where someone says, ``Look, the FBI did this,'' and the public affairs office say, ``You know what? That was a State raid. We weren't even in that issue.'' Mr. Bishop. Right. They did it in private. Mr. Turley. Right. Here, you had the government itself looking for citizens who should be silenced and targeted. That is a problem in and of itself, whether it also triggers an agency relationship. Do we want to go back to the day when governments created those types of lists? Mr. Bishop. Let me get you to comment on something else that I believe is ominous. It is on the charts behind me. One of the Twitter files disclosures is that Elvis Chan, at the FBI San Francisco, wrote to a Twitter executive and said, ``My colleagues at the Fort had a query for you.'' Turns out, they had to tell me, that means Fort Meade, the National Security Agency, NSA, probably. A few years ago, Twitter said they would no longer provide their data feed to members of the IC. That means intelligence community. He goes on to ask whether they would-- colleagues at the NSA want to know if they would reconsider that. Because the NSA would like to vacuum up every word mentioned on Twitter by American citizens to be analyzed by computers to figure out what they would make of it. What about that? You don't comment on that in your column, but I am curious what your impression is of that. Mr. Turley. Well, that is another troubling aspect of this interstitial relationship between the government and social media companies. Now, on some occasions, the social media companies said, ``we are not going do that.'' All these different layers of interaction that the Twitter files refer to make it harder and harder to discern where the government ends and the social media company begins. I want to emphasize that when I talk about the largest censorship system in history, that is really unquestionable, right? Even Twitter alone is a massive censorship system. When you combine the other companies--now, it is privately run. Now we are looking at how much of that was being directed or influenced by the U.S. Government. We are, without question, talking about the world's largest censorship system. When you add elements like the one that you talked about, of this sort of interstitial relationship or cross-pollinization between agencies at social media, it becomes a very menacing prospect. These companies are enormously powerful. They control much of our political speech. As we talk about the dangers to democracy--and I agree with many of the Democratic Members and the Republican Members about the need to protect our democracy--that is a threat to democracy, when you have the ability of people to speak and control of companies that are using standards that are really undiscernible. Yesterday, when we heard the testimony of one of the Twitter executives, she gave a standard for which they would decide what could be censored. I wrote about it today on the blog. That standard defies definition. I will simply say that the greatest danger to the First Amendment is the chilling effect, the unknown of when you will be targeted. Mr. Bishop. I regret my time has expired, Mr. Chair. Chair Jordan. I thank the gentleman. The gentleman yields back. We now recognize the gentlelady from Texas, Ms. Garcia. Ms. Garcia. Thank you, Mr. Speaker--Chair. I just promoted you this afternoon. Chair Jordan. I have been called worse. Ms. Garcia. It did not take 15 rounds of voting to do it. Thank you, Mr. Chair. Thank you to our Ranking Member for her steadfast leadership in pursuing truth and protecting our democracy. The Federal government has a long history of weaponizing its power against minorities, like communities of color, religious minorities, and immigrant communities. Women, Latinos, people of color, and religious minorities are the actual victims of a weaponized government, not billionaires or politicians with frail egos. House Democrats spent four years fighting to enhance civil rights and liberties and stop the weaponization of government against our most vulnerable communities. Now, my colleagues on the other side of the aisle have assembled this misnamed and misguided Committee to grandstand and to try to lecture us all on the weaponization of government. The American people know that this Committee and MAGA Republicans are all about ``all show and no substance,'' or, as we say in Texas, ``all hat and no cattle.'' This Committee is designed to inject extremist politics into the justice system and to shield the MAGA movement from the legal consequences of their actions. These political stunts undermine every agent, officer, prosecutor, law enforcement, and the entire justice system. We should instead dedicate some time to oversee direct interference in prosecutions and investigations. We should instead dedicate our efforts to investigating the abuse of the President's pardon power by the former, twice-impeached President. We should instead dedicate time and effort to investigate the weaponization of the Federal government to undermine and overturn the 2020 Presidential election. I hope, Mr. Chair, that we will have followup hearings to do some of that. Now, I ask for unanimous consent to enter a letter from the Citizens for Responsibility and Ethics in Washington outlining these and other recommendations for this Committee into the record. Chair Jordan. Without objection. Ms. Garcia. Thank you, Mr. Chair. During the assault on the Capitol, which we have already discussed, many of us, including myself, were removed from the floor and evacuated. A lot of things happened. I, for one, consider it more than just a riot. Some have suggested that this Committee may try to erase the truth about the horrible days of that event. The idea of denying the truth about January 6th is horribly offensive to me, and I am sure that it is even more offensive to the law enforcement officers who were on duty that day. Mr. Williams, I know you are familiar with that day, and you are familiar with the halls of Congress. You worked on the Hill, correct? Mr. Williams. I did, Congresswoman. Thanks. Ms. Garcia. Were you there on the Hill on January 6th? Mr. Williams. I was not present on the Hill on January 6th. Ms. Garcia. Do you know others who were? Mr. Williams. I certainly do. Ms. Garcia. Can you understand why it would be offensive to the people who were there, many, like me, who were on the floor and got pulled out and had to put--trying to put on a gas mask and told to hit the floor, and, of course, the many law enforcement officers who had to rise to the duty? Can you figure any way that we can defend this if anyone tries to rewrite what happened that day? Mr. Williams. It is the second part of your sentence that I want to pick up on, Congresswoman, because it is not just former colleagues and friends of mine that were here; it is law enforcement officers that I know. There simply is no place for threats against law enforcement in a civil society. So, yes, I will echo everything you said. It was real. A thousand people have been charged with crimes. Several have been convicted of very serious crimes. It was a real event. Ms. Garcia. So, what is your reaction to the politicization of January the 6th? Mr. Williams. I think, as a general matter, Congress works at its best when working in a bipartisan manner. I think that becomes even more acute when talking about violent crime or threats or terrorism, as the word was used here, or even acts of insurrection. Ms. Garcia. Right. So, you do agree that it is domestic terrorism? Mr. Williams. My former-Federal-prosecutor friend at the end would share this: There is no domestic Federal terrorism statute. I want to be careful in how I talk about that. Now, certainly, there are acts that comprise what would constitute terrorism--violent crimes and so on--that might fit under that definition. Another thing for Congress to consider, if it wishes to, is to pass a domestic terrorism statute. Ms. Garcia. All right. Are any of the investigations contemplated by this Subcommittee comparable to the scale to the investigation of the attack on the Capitol? Mr. Williams. I am sorry. I didn't quite catch the question, Congresswoman. Ms. Garcia. Are any of the investigations contemplated by this Subcommittee comparable in scale to the investigation into the attack on the Capitol? Mr. Williams. I am not certain as to what the Committee's full mandate is. To be clear, what happened on the day of the Capitol was a historic event that ought never happen again, and perhaps it is in Congress's interest to work toward that. Ms. Garcia. All right. Thank you, Mr. Chair. I yield back. Chair Jordan. The gentlelady yields back. The Chair now recognizes the gentlelady from Florida, Ms. Cammack. Ms. Cammack. Thank you, Mr. Chair. I can actually answer that question. This Committee is different in the sense that we allowed our minority party to appoint their representatives to the panel. So, we will start there. Examining the ways that the Federal government abuses its power when dealing with everyday citizens it sees as threatening is some of the most powerful and consequential work that a Member of Congress can do. During this Federal government's very first Congress, the Representatives in the House began granting authorities to Federal agencies. These Members were well-experienced in the growth and abuses of a tyrannical government. The inherent quality of all governments is to collect more power and authority. There is an inverse relationship to the power of government and the freedom of the individual. That is why James Madison, along with other like-minded Members of the House, as well as President Washington, encouraged the passage of a Bill of Rights--defined, enumerated rights that citizens of our new Nation could point to when governments begin to trifle with their lives, their businesses, or their faith. They passed the Bill of Rights in the first session of the first Congress--arguably the most important action ever done by this body for the American people. Their actions were revolutionary. No government on Earth has a founding document that has aged as well as ours. It is the oldest and least amended constitution in the world. What we are charged to do on this Committee is defend it against all enemies, foreign and domestic, to ensure that our citizens' life, liberty, and property are protected from the warrantless abuses of Federal bureaus and their agents. Today, we are answering the call to investigate and ultimately stop the litany of dangerous and unconstitutional actions. Truthfully, the list is exhausting, and I am sure that there is far more than we can address here today or even in the two-years that we have. So, while Washington, Madison, and Jefferson are no longer here to help guide us in this body, their spirit lives on. It is absolutely crucial that we, today, take up this mantle. It is the work that will be done by this Committee, not as Republicans, not as Democrats, but as Americans, that is important and will live on. Mr. Williams, you just told this Committee, ``to be cute,'' quote, ``you get more flies with honey than vinegar.'' On your Twitter feed, you called on the January 6th Select Committee to publicly hammer and shame former Deputy Attorney General Jeff Clark on everything that he attempted to plead the Fifth about. Is that your version of honey or vinegar? Mr. Williams. That is my version of stating, when an individual has provided-- Ms. Cammack. No, no, no. Mr. Williams. Well-- Ms. Cammack. Just honey or vinegar. Mr. Williams. --I don't think it is a binary. Ms. Cammack. Okay. Mr. Williams. If you look at the context of all my tweets-- Ms. Cammack. All right. You also just told Representative Sanchez a few minutes ago that one of hallmarks of good oversight is bipartisan and it is designed to, quote, ``improve government process,'' end quote. You went on to say that threats are not protected speech. You yourself were extraordinarily critical of Justice Brett Kavanaugh, going so far as to say publicly on your Twitter feed--and you were not shadow banned, however, when you said this--that the FBI dropped the ball when vetting him. When there was an assassination attempt on his life, you were unusually quiet. Up to that point, you had tweeted about him 17 times. I hope you, along with our Democratic colleagues, would agree that violence in political discourse is unacceptable. I would encourage you to do better. That is a statement, not a question. Moving on. Professor Turley, the Constitution was written to limit the power of the Federal government and to protect the rights of citizens, yes or no? Mr. Turley. Yes. Ms. Cammack. You have written extensively about the abuses of the Federal government. Would you say that these abuses occur within a variety of different agencies, yes or no? Mr. Turley. Yes. Ms. Cammack. Are there not massive national security implications as a result of the extensive amount of warrantless data collection by the Federal government agencies, coupled with the disastrous track record that they have of leaks and breaches, that Americans are not only being targeted domestically by the agencies, but also by bad actors and foreign actors? Mr. Turley. Well, there are massive constitutional concerns there with the collection of data. There are no question about that. Ms. Cammack. With all the breaches and leaks-- Mr. Turley. Yes. That is a problem. Ms. Cammack. --here is a national security implication, is there not? Mr. Turley. There can be. Ms. Cammack. Thank you. It is publicly documented, the reference of use-of-force capabilities, within a litany of different agencies, including the Department of Education, the IRS, HHS, even the EPA. Can you detail why the capability, coupled with extensive warrantless data collection efforts of these agencies, should concern everyday Americans and why agencies like the Department of Education and the EPA are purchasing millions of dollars' worth of ammunition and tactical ballistic gear? Mr. Williams. Well, I testified earlier on the use of national security letters and other means to get information below the warrant level, and that covers a huge amount of information that the government has gathered. I thought there was actually fairly bipartisan support on that, that Democratic and Republican Members were equally concerned about the circumvention of warrants in that sense. I think it is a very serious problem. To the credit of social media companies, they actually have pushed back on this. I mean, one of the things in the Twitter files that I noted was that some of that dealt with these types of efforts to get access to social media companies. Most of the time, these companies are really hamstrung when they get these letters--and there is a lot of them--to turn over this information, and citizens are unaware of that. A lot of what we have that we could hold most dearly in terms of private information is now on our cell phones, it is now on the cloud. The government has really targeted the cloud. They are going after the cloud with non-warrants. In the previous hearing, I was really gladdened, because Democrats and Republicans joined together and said, ``This is a problem.'' I think it still is a problem. Ms. Cammack. I appreciate it. My time has expired. I yield. Chair Jordan. The gentlelady yields back. The gentleman from New York is recognized. Mr. Goldman. Thank you, Mr. Chair. This is a Committee menacingly called the ``Weaponization of the Federal Government.'' Mr. Turley, have you ever worked for the Federal government? Mr. Turley. Yes. Mr. Goldman. What did you do? Mr. Turley. I did a couple years, off and on, with the NSA as a lowly intern. I also worked in the Legislative Branch in various capacities. I represented Congress in court. I was-- Mr. Goldman. That is not working for the Federal government. You were an intern. Okay. Mr. Turley. Well, no, I wasn't an intern. I was representing them in-- Mr. Goldman. I understand. You were an intern at NSA. That is the extent of your Federal government experience. Mr. Turley. No. I think Congress is part of the Federal government, and-- Mr. Goldman. You represented Congress. You didn't work for Congress. Mr. Turley. Well, they paid me. That is my standard. Mr. Goldman. Okay. Mr. Turley. I also worked for-- Mr. Goldman. All right. Mr. Turley. I also worked in the-- Mr. Goldman. I am going to reclaim my time. Let's move on, because I have a lot to cover. You have commented a lot on the First Amendment today. Do you think that Special Counsel Mueller's indictment of members of Russian intelligence for interfering with the 2016 election through social media was improperly charged? Mr. Turley. Well, it depends--I have to look at which case you are talking about. I supported Mueller's appointment as special counsel, and I-- Mr. Goldman. I am talking about the indictment. Mr. Turley. Yes, I wouldn't say--I don't remember being upset with those indictments. Mr. Goldman. Okay. Mr. Turley. I-- Mr. Goldman. Well, what they did and what they alleged is that Russia interfered in our election through using speech via social media. Mr. Turley. Right. Mr. Goldman. Now, do you think that the First Amendment protects people from making death threats against Federal officials across State lines? Mr. Turley. No. If it is-- Mr. Goldman. Does the First Amendment protect someone from yelling ``fire'' in a movie theater? Mr. Turley. Well, unfortunately, that one is not yes or no, because that is become a mantra for people. It is the Holmes- Schenck line. Holmes himself walked back on-- Mr. Goldman. All right. All right. Mr. Turley. Holmes and-- Mr. Goldman. We don't need a law class here. You do agree, though, don't you, that the First Amendment does not protect all speech? Mr. Turley. No, there are limits to speech. All Constitutional rights have limits. Mr. Goldman. Right. Mr. Baker, I want to turn to you. When did you retire from the FBI? Mr. Baker. I retired from FBI employment in--about 20 years ago. I-- Mr. Goldman. 1999, right? That is the year. Mr. Baker. Yes. I have continued to be engaged with the FBI on a number of levels since then. Mr. Goldman. Okay. So, you retired two years before 9/11, right? Mr. Baker. That is correct. Mr. Goldman. All right. Are you aware that one of the reasons that 9/11 occurred was that the FBI and the intelligence community did not coordinate sufficiently? Would you agree with that? Mr. Baker. That was the conclusion of the September 11th Commission, and it is very valid, I think. Mr. Goldman. So, you read that, like I did, and that has all the information that you had-- Mr. Turley. Yes. Mr. Goldman. --because you were not at the FBI. Mr. Baker. What has happened-- Mr. Goldman. It is as a result 9/11 that the Department of Homeland Security was created, right? Mr. Baker. A year or two after that, yes. Mr. Goldman. Yes. So, you never worked in conjunction with the Department of Homeland Security when you worked for the FBI, right? Mr. Baker. I was working as a consultant during most of those years-- Mr. Goldman. When you worked for the FBI, when you were paid by the FBI as a special agent, did you work with Homeland Security? Mr. Turley. No. It didn't exist. Mr. Goldman. Okay. You never investigated foreign interference in our elections, did you? Mr. Baker. No, I personally did not. Mr. Goldman. You have no experience investigating Russia's efforts to interfere in our elections through cyber-attacks and social media, do you? Mr. Baker. Other than what I have studied and researched. Mr. Goldman. Okay. In 1999 when you left, did smartphones exist? Mr. Baker. Of a sort. Mr. Goldman. Really? Mr. Baker. Yes. Mr. Goldman. What? Mr. Baker. Well, we had phones. We had phones with-- Mr. Goldman. Smartphones. Do you know what a smartphone is? Mr. Baker. We had-- Mr. Goldman. Okay. Mr. Baker. Well, I-- Mr. Goldman. Did you ever do any search warrants for emails? Mr. Baker. Search warrants for? Mr. Goldman. Emails. Mr. Baker. No, I did not. Mr. Goldman. Yes. Mr. Baker. I have done-- Mr. Goldman. Did you ever investigate domestic extremism? Mr. Baker. Actually, yes. I investigated the Ku Klux Klan on many occasions. Mr. Goldman. Good. Mr. Baker. I was-- Mr. Goldman. Did you ever investigate any insurrections on the Capitol? Mr. Baker. No. There was none. Mr. Goldman. Okay. I appreciate your service, sir. You would agree that a lot of has changed in the FBI in the 23 years since you left, correct? Mr. Baker. Good and bad. I have stayed engaged on a number of levels-- Mr. Goldman. One last question, sir, for you. I read that your opening statement is actually an excerpt from your book. Is that right? Mr. Baker. Well, it covers some of the same territory, yes. Mr. Goldman. All right. Well, next time, make sure you give us a heads-up, and we can set up a table for you to have a book signing after this. Ms. Parker, really quick, do you think that you speak for-- you said that Americans are concerned about the FBI. Do you think you speak for every American? Ms. Parker. I do not speak for every American. As a special agent who is been out in the field trying to conduct my job, it is very difficult when we don't have the buy-in of the American people. A lot of Americans do not trust the FBI anymore because of recent-- Mr. Goldman. Right. Well, unfortunately, my time is about up, but I will also say to you that I worked in the Department of Justice for 10 years alongside a lot of FBI special agents, and their biggest concern and the most damage to the morale of the FBI occurred after Donald Trump started attacking the FBI because he was being investigated by the FBI. That is what this Subcommittee is all about. I yield back. Chair Jordan. I thank the gentleman for yielding back. I disagree with his conclusion. I will now recognize the gentleman from North Dakota, Mr. Armstrong. Mr. Armstrong. Thank you, Mr. Chair. Shouting ``fire'' in a crowded theater was dicta in a 1919 case by Schenck. It was overruled in 1969 by Brandenburg and put in an imminence requirement. So, if we are going to continue to use it in this setting, whether it is the Twitter yesterday or the hearing here yesterday, let's at least get the law right. Second, as somebody who spent the first 10 years of my life defending criminal cases in both State and Federal court, I think the genesis of the Garland memo is incredibly important. The point of the coordination between the DOJ, the Department of Education, and the National School Boards Association was designed to create a Federal nexus. Local school board incidents are prosecuted locally. We elect local sheriffs, we elect local prosecutors, we elect local judges. Only by fabricating a domestic terrorism nexus do you create a position where you can prosecute those cases in Federal court. I don't want to talk about that, because I think we do have to talk about things more than the First Amendment. The timestamp data provides an intimate window into a person's life, revealing familial, political, professional, religious, and sexual associations. Only the few without cell phones could escape this tireless and absolute surveillance. Those are quotes from the Supreme Court's majority opinion in U.S. v. Carpenter. While Carpenter is a limited ruling addressing warrantless monitoring of cell site locations under the Fourth Amendment, the Court began considering whether the law needs to adjust to a digital world with extensive data collection and the analytical tools to operationalize that data. The Federal government has realized the value of the massive amounts of commercial consumer data that is freely available on the open market. The data is produced to inform on aggregate population levels, but it also generates leads that produce investigations into individuals. In 2020, the CDC purchased cell phone location data from a data broker to monitor whether or not people went to church during quarantine. In 2020, the DOD obtained consumer data from a Muslim prayer app. In 2020, the Department of Homeland Security purchased cell phone location data to make enforcement decisions on the U.S.- Mexican border. In the summer of 2020 and the turn of the year in 2021, DOJ obtained cell phone location data on Black Lives Matter protests and every cell phone in and around the Capitol on January 6th. In 2022, several law enforcement associations publicly opposed a bipartisan data privacy bill because it would disrupt the ability to easily obtain certain consumer data. In 2023, just this week, the IRS proposed comparing a waiter's reported income from tips to the tip data that is submitted by their employing restaurant. You may agree with some of these, you may disagree with some of these, but here is the thing: None of these third-party data acquisitions required a warrant. The amount of data available, either directly or through third parties, is both astounding and terrifying. Combine that with the advance in technology like AI, facial recognition, and more that will allow aggregation, analysis, and an identification, and we are fast approaching a surveillance State, with no assurances, other than the promises of our government, that it will not abuse this tremendous responsibility. Pegasus spyware, FISA abuses, alleged COVID vaccine data bases, and even home temperature controls have already shown that the trust alone is not enough. Orin Kerr, a law professor and Fourth Amendment expert, has suggested that when technological change or societal practice significantly alters the balance of power in favor of the government, the law must change. Kerr calls it an ``equilibrium adjustment.'' The Carpenter opinion referred to it as ``not mechanically applying to the third-party doctrine.'' I would call it ``ensuring the Fourth Amendment can survive the 21st century.'' Mr. Turley, do you think we need legislative reforms in Congress suggesting this aggregate collection of data? Mr. Turley. I do. Congress has struggled with this in the past. The courts have struggled with it. In Carpenter, the Court said that you couldn't get just cell phone locational data without a warrant. It kept alive the Smith v. Maryland third-party standard with that exception. Roberts, in that opinion, said, look, this is a serious--this is a serious amount of data that is highly personal for individuals and it triggers the warrant requirement. You also had the Court, in Jones, with the GPS decision in 2012, where that was actually observable movement of a car, and the Court still said, you know what, this needs to have a warrant. So, the courts have been trying to get their hands around this thing, but it hasn't really materialized in protection. So, that falls to Congress, as to what you can do about it. I think there is a lot you can do about it. You can restrict these Federal agencies. You can force them to satisfy a higher standard. I honestly think that there would be general agreement in both parties that it is--right now, it is sort of--the cloud is the wild, wild West. People are grabbing stuff from the cloud. These companies have complained to you over and over again. I testified with a couple of these executives, and I was really sort of shocked by the desperation in their voices. They were saying, ``We need your help. We need you to come in and give us something here so that we can say no.'' Mr. Armstrong. Thank you. I yield back. Chair Jordan. I thank the gentleman. Professor, censorship isn't just done willy nilly. There are always a purpose, an objective, some kind of motive for why some people want other people to not be able to speak. Is that fair? Mr. Turley. Yes. The government often says that it is neutral in targeting people, but it is still a content-based decision, and-- Chair Jordan. It might-- Mr. Turley. Yes. Chair Jordan. I would just say, and might sometimes that motive be political? Mr. Turley. It can be, yes. Chair Jordan. Yes. It seems to me that is what happened. I want to go to--I mean, we saw this 10 years ago, 12 years ago, when the IRS was targeting people of one political persuasion, limiting their free speech rights. I think we have seen it now with what the Twitter files have exposed. I really liked the term you used in your op-ed, and I think you may have said it today or someone said it earlier, when you were talking about this agency principle, this ``censorship by surrogate,'' and how dangerous that can be. I think you said it--maybe I got this from your op-ed earlier, but you said, it is one thing if Mr. Smith calls up Twitter and says, I don't like what Mr. Jones is saying about me or whatever. It is an entirely different matter when it is the U.S. Government telling Twitter, we have got concerns about these specific accounts--which we know is what happened, again, based on the Twitter files. Mr. Turley. Yes. It does irk me to see people say, ``Well, the U.S. Government was just acting like any citizen.'' The U.S. Government isn't any citizen. The FBI isn't your neighbor. The FBI has subpoena authority. They have search authority. They have weapons. They are the largest law enforcement agency in the United States. So, when they perform this task, it is different. There are lots of things that are more menacing when done by the government. That is one of the reasons the Court has allowed for this type of agency relationship to trigger things like the First Amendment or the Fourth Amendment. This is not a new problem. In the Fourth Amendment area, it was an old technique for officers to get private security or to get campus police or others to conduct a search. The courts said, look, if they are doing that at your direction or your behest, those are agents as well. Chair Jordan. Yes. It is menacing when it is done by the government; it is even more menacing when it is done by the Federal government. Mr. Turley. Uh-huh. Chair Jordan. That is what we have here. We have the FBI--I think Mr. Armstrong made a great point when he said, okay, if parents are doing some things wrong at the local level, then local law enforcement will handle that. It is an entirely different matter when you set up a Federal apparatus where neighbors can report their neighbor or people can report someone in their community to the Federal government. Again, from whistleblowers, over two dozen parents had an FBI agent visit them, come see them, call them on the phone, investigate them, based on that process that was put in place. I want to go to the fundamental question. Why is the government--in the case of the Twitter files, why is the FBI sending a list of accounts and names to Twitter, telling Twitter, ``We think these accounts violate your terms of service''? That is sort of the fundamental question here. Why in the world are they doing that? That, to me, you used the term ``wrong'' in your opening statement. You have used the term ``menacing'' a number of times in today's questioning. That, to me, is as scary as it kind of gets. Mr. Turley. Well, it is interesting. In the Twitter files, that was the same question that a Twitter executive said. Chair Jordan. Yep. Mr. Turley. At one point, he said, ``What gives? I mean, basically, the FBI is telling us that our terms of service are violated by all these people. What is their role, essentially, and what is our role?'' It was an honest moment. That same question is reflected where even Jim Baker yesterday-- Chair Jordan. Yep. Mr. Turley. --has said, I think we might need legislation, that I think that there is a need, given what has happened, to limit the FBI and other agencies. Chair Jordan. So, when even someone at Twitter who worked for the FBI says that, would you describe that as--would you use the term ``targeting,'' would you use the term ``weaponization,'' of that process we just talked about? Mr. Turley. Well, there are no question that they are targeting posters. They are sending the names and accounts for Twitter to take action on. By the way, this idea that, ``Well, Twitter could say no,'' that is not the standard under these tests. I gave you the four tests that the courts use. Chair Jordan. Yep. Mr. Turley. You can say no and still be an agent overall in that relationship. Chair Jordan. Yes. As you point out in your testimony, your written testimony, this targeting is not just limited to what we have learned in the Twitter files, not just this direct attack on the First Amendment. We have seen it in different--we saw it with the dossier. We have seen it with the treatment of classified documents. You have referenced that, the different standards. You have referenced that in your statement. Of course, we have seen it with the school boards situation. I have got just 20 seconds. I will maybe pose a quick question to Mr. Williams. Mr. Williams, the opening statement--there have been a lot of talk about the memorandum from Attorney General Garland on October 21, 2021. The opening statement, he said, the very first sentence: ``In recent months, there has been a disturbing spike in harassment, intimidation, and threats of violence against school administrators.'' When he testified on October 21, 2021, we asked him what was the basis, what was the evidence for that statement. Do you remember what the Attorney General said? Mr. Williams. Sir, I don't. I don't work for the Justice Department anymore, didn't advise him on it, and I-- Chair Jordan. Well, I will remind you. He said it was the letter from the National School Boards Association. Now, do you happen to know what the National School Boards Association did with their letter, what they said about their letter after the Attorney General testified? Mr. Williams. Sir, I do not. Chair Jordan. They rescinded it. They said, ``We regret and apologize for the letter.'' So, the basis for the targeting action involving the Federal government and local school board matters and local law enforcement matters, the basis was the letter--that is what the Attorney General cited--and that letter has been pulled back, and the association who sent that letter said, ``We apologize and regret that we sent it.'' It seems to me the Attorney General should rescind his memorandum, which we have called for now for a year and a half. I want to thank our witnesses for being here. I know it was a long day, and I appreciate you staying the whole time. I was tempted to give you a--I was looking to give you a restroom break, but I thought we could get through it. So, I appreciate your patience and your great testimony. With that, the first Subcommittee hearing is adjourned. [Whereupon, at 4:08 p.m., the Subcommittee was adjourned.] All materials submitted for the record by Members of the Select Subcommittee on the Weaponization of the Federal Government can be found at: https://docs.house.gov/Committee/ Calendar/ByEvent.aspx?EventID=115442.