[Congressional Record Volume 164, Number 102 (Tuesday, June 19, 2018)]
[House]
[Pages H5279-H5282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ISSUES OF THE DAY
The SPEAKER pro tempore (Mr. Ferguson). Under the Speaker's announced
policy of January 3, 2017, the Chair recognizes the gentleman from
Texas (Mr. Gohmert) for 30 minutes.
Mr. GOHMERT. Mr. Speaker, it is great to hear my friend Congressman
Lewis. He does a great job explaining such matters.
We had an interesting combined hearing today in the Judiciary
Committee and the Oversight and Government Reform Committee. We heard
from the inspector general of the Department of Justice, Mr. Horowitz.
It was interesting testimony.
But having reviewed the record, it is interesting, because he quoted
prosecutor one, prosecutor two, agent one, agent two, agent three,
these different people, different prosecutors, different agents that he
was relying on; their comments, their opinions, their suggestions; the
SSA, Supervisory Special Agent, recommendation and comments on things
that should have been and should have not been; and things that were
proper and improper. But we had no information who these people were.
The whole reason for the inspector general investigation was because
of the massive amount of clear bias that had been unearthed within the
Department of Justice, including the FBI that is, of course, under the
Department of Justice.
So we are being asked to accept all this information from the
inspector general when so much of it depends on the opinions and the
comments and the assessments of people whose identity we didn't even
know.
So not only did we not know their identity, we don't know if they
have texts and emails that are just as condemning of Donald Trump and
laudatory of Hillary Rodham Clinton. We don't know what their positions
are. And we found out from the inspector general that he didn't make
any inquiry. He didn't check on them.
But I know from my days trying cases as a prosecutor, or as a felony
judge in Texas, the lawyers, when they are picking a jury, as to who
will sit in judgment on their case, they have a
[[Page H5280]]
right to know the biases and prejudices, or potential biases and
prejudices, of anyone who may be sitting in judgment on their case. So
that is why voir dire, as we say in Texas, is allowed, questions of the
potential jurors.
Normally, how one votes is completely inappropriate to ask about.
That is a secret ballot for a good reason. However, if one of the
people on the ballot is the defendant in the case, is a civilian party
in a civil case, then the attorneys are going to want to find out: Were
you for or against this person? Did you have a bumper sticker for this
person or against this person? Did you have a sign in your yard? Did
you go around doing block walks trying to push for this candidate?
And as a judge, I know defendants' attorneys. If it were a defendant
who had been a candidate, they would be pushing to ask those questions,
to find out those questions, and it could lead to challenges for cause
in Texas courts--I think in Federal courts as well.
{time} 2030
Even if it didn't, I have heard defense attorneys argue many times:
We cannot adequately exercise our preemptory strikes if we don't know
about potential biases. So we need to know: Did they support this
candidate? Were they against this candidate?
I know initially the response of one of my Democratic friends was:
Gee, we never ask about how somebody voted.
No, we don't. It is not appropriate--unless someone who is on the
ballot is being judged in that court. The same should be true for a
grand jury. The same should be true for anybody who is going to pass
judgment, and that should also include the people who are charged with
bringing forth justice, not the concept of ``just us'' we have
experienced during the recent two terms, but the concept of true
justice.
Proverbs talks about the blessed nature of a government that doesn't
judge because somebody is rich, doesn't judge because somebody is poor,
doesn't give more favor to somebody who is rich, and isn't biased for
somebody because they are poor, but does make just decisions based on
the case, not on someone's social standing, be it rich or poor. Some
are tempted to be biased for the poor, some biased for the rich. But
real justice is just following the law regardless of someone's
background.
So it is a bit of an anathema, it seems, that you have got an
inspector general report based on people who may have worse biases than
the people whom they are judging. We don't even know. So I was a little
surprised by that.
We had a record of over 500 pages that was just full of some of the
worst illustrations of biases ever imaginable. It was interesting. I
didn't realize, but apparently back, I believe it was in 2012, there
was a case that was lost that the Justice Department was prosecuting
during the Eric Holder days. I had never seen this information until
today and didn't see it until after the hearing, but apparently it was
even one case where the jurors found somebody not guilty because
information came in about the same kind of texting and emails that we
were seeing regarding the hatred by some in the Justice Department and
the FBI against Donald Trump and for Hillary Clinton.
There was a time when the Federal Department of Justice and the FBI
were considered the best law enforcement, the best at providing justice
anywhere in the world. That time is not now. In fact, we know that
under Eric Holder and Attorney General Lynch, the U.S. Department of
Justice went after police departments, local law enforcement, and using
the power and almost unlimited money of the Department of Justice, they
could overwhelm and force a local law enforcement office into agreeing
to a consent decree where the U.S. Department of Justice got to
basically supervise whatever they did.
Based on the kind of prejudice, bias, and outrageous actions within
the United States Department of Justice and the FBI, it looks like some
of those police departments that ended up agreeing to consent judgments
might be better off suing the U.S. Department of Justice, exposing how
biased and prejudiced they were during the period during which the
Department of Justice came after them and was trying to supervise them,
show how biased and prejudiced they were. So maybe the local police
department should end up getting to tell the Department of Justice when
they are acting appropriately and when they are not.
For heaven's sake, it is just incredible how such a great justice
organization has been not just compromised, but devastated like a
cancerous prejudice and bias, incapable of rendering fair, blind
decisions without regard for any bias in favor of or against a
litigant.
What a change. What a difference. President Obama is right. He did
fundamentally transform America. I really would never have thought we
would see the Justice Department after those 8 years end up like it is.
It didn't come out in the hearing, but I was given to understand that
after the shock subsided somewhat of Donald Trump winning November 2016
that there was a massive effort just at a rapid pace to try to move
people who had been politically appointed by the Obama administration
in the Department of Justice and the Department of State, but
especially DOJ, Homeland Security, political appointees, trying to get
them into civil service jobs so that the Trump administration would not
be easily able to get rid of them as every other administration does.
When a new administration comes in, the political appointees tender
their resignations. Most are accepted, some are not. But instead of
doing something like that, what we were hearing was that the Obama
administration was trying to put them into cubbyhole civil service
jobs, so that basically they could still utilize the prejudices and
biases that were built up during the Obama administration.
It is just such a dangerous time. As I was sitting there for the
hearing, it dawned on me that the kind of bias, just rabid prejudice
and hatred not only for a candidate, but the disgust that was on parade
in the texts, the email messages, just extraordinary, but that that
kind of bias and prejudice may very well be the second biggest threat
to Federal justice in America.
It is a cancerous bias. It is probably a cancerous bias in stage IV
where it just is eating its way through, creating big holes where there
was once a solid Justice Department.
What occurred to me was that that may be the second biggest threat to
Federal justice in America, that cancerous bias. But perhaps the
biggest threat to Federal justice in America is that I think for the
first time in American history, you have one of two major political
parties has about half of the country's support without anybody being
horribly offended that this kind of bias and prejudice was driving a
Justice Department.
I keep going back to when President George W. Bush was in the White
House, and when we found out about the abuses of the National Security
Letters, FBI agents just sending them out willy-nilly, just sending
them out on fishing expeditions. That was not authorized. That was not
lawful. Somebody needed to pay a price.
In retrospect, it is directly, as Robert Mueller said, that was his
responsibility, his fault. Yes, it was. He should have been fired. He
should never have been allowed to get close to anything attempting to
pervert justice in America.
Unfortunately, he wormed his way in through his joined-at-the-hip
buddy, Comey, leaking information in order to get a second counsel,
that second counsel being his joined-at-the-hip buddy, Mr. Mueller. He
should never have allowed that to happen. If it was a fair and just
Justice Department, Rosenstein would have recused himself, Mueller
would have recused himself and said: I am not the proper person to do
this special counsel job because of my strong friendship, maybe even
mentorship--whatever you want to call it--with James Comey; and also
the fact that I was FBI Director working with the U.S. Attorney named
Rosenstein, and my go-to guy, Weissmann, and we were the ones who were
investigating Russia's illegal efforts to obtain United States uranium.
Of course, they helped quash information about that so that the
Commission on Foreign Investment in the United States could approve the
sale, that would open the way for beneficiaries of that sale to donate
$145 million to the Clinton Foundation as well
[[Page H5281]]
as paying off Bill Clinton to make speeches for a short amount of time.
There is just so much that stinks to high heaven here in Washington.
We don't even know anything about the biases and prejudices of those
people on whom Mr. Horowitz was relying to reach his conclusions. But
it is worth looking at some of the things that were recommended.
For example, you had a man named Pagliano--and this is according to
the Horowitz report--Pagliano was a critical witness because he set up
the server that Clinton used during her tenure.
In other words, he set up the unsecured server which we now know was
hacked. And I think my friend Andrew McCarthy makes a great point in an
article today when he points out the mere setting up of that unsecured
server out from under the government watch for the purpose, according
to James Carville--he may have been trying to make a joke, but it
actually was an indication of the mindset of the Clintons, when he
said: Hillary didn't want Louie Gohmert rifling through her emails.
She didn't want proper oversight, so she intentionally and knowingly
had a server set up that was not secure, was out from under government
protection and control, also knowing she might be able to get away with
not turning in emails because they were not under government control.
How there could be 500-plus pages of bias shown in this report, and
then a conclusion that there is no evidence of any bias in the
investigation? My gosh, that is a lay-down, slam-dunk prosecution right
there. You could have indicted Mr. Pagliano, who was certainly far more
responsible for potential crime than Mr. Manafort is, clearly.
In the Horowitz report he says: The supervising special agent told us
that the FBI did not consider Pagliano a subject or someone they would
prosecute in connection with the midyear--talking about the Hillary
Clinton investigation. The FBI believed his testimony was very
important and providing immunity was an effective way to secure his
testimony.
So this guy sets up the unsecured server, and it carried we now know
for certain classified information.
{time} 2045
We knew there was going to be a good chance he would have had to have
known that. But if that supervising special agent and the Horowitz team
had not been so favorably inclined not to find any wrongdoing, then
certainly they would have recognized that this is a guy who could and
should have been indicted.
Of course, I don't advocate that people be unfairly treated as Paul
Manafort was, where you go busting down his door in the early morning
hours when you know he is not a threat; there is no reason to bust down
a door in those early morning hours, no reason to ransack a house,
other than trying to intimidate.
But nobody tried to do anything, not even indicting or bringing him
before a grand jury to potentially pursue him, because the prosecutors,
many of them have told me: Man, this is a real easy one, much easier
than organized crime. All you have to do is go after Pagliano, go after
a couple of these other people, and once they see they are looking at
years in prison, yes, they will tell you exactly what Hillary Clinton
told them and others told them. And then you go to the next one and
make the case that that testimony gives you.
None of that was done. It was all done in a way to protect Hillary
Clinton, no question.
That report talks about Combetta. It says Paul Combetta is the one
that later wiped emails from that private server in March of 2015. The
report says that the investigation's team members told the inspector
general Combetta was an important witness for several reasons,
including his involvement with the culling process and the deletion of
emails and his interactions with several people who worked for Clinton.
Several of the midyear--they call them midyear; it is the Clinton
team members--stated that, after conducting two voluntary interviews of
Combetta, they believe Combetta had not been forthcoming about, among
other things, his role in deleting emails from the PRN server following
the issues of a congressional preservation order.
The witness further stated that Combetta's truthful testimony was
essential for assessing criminal intent for Clinton and other
individuals because he would be able to tell them whether Clinton's
attorneys, Mills, Samuelson, or Kendall, had instructed him to delete
the emails.
So this is the way you work up through a prosecution. They didn't
indict Combetta. This says the supervising special agent told us he
believed Combetta should have been charged with false statements for
lying multiple times. Well, if that had happened, then you go to him
and you say: This is how many years you are looking at.
I have seen incredibly professional FBI agents in the field do just
that: Here is what you are looking at. You are going to talk to your
lawyer. You are going to decide what to do. We want you to see the
evidence we have.
Then they would lay out the evidence: Here is evidence that might
help. You might think it is exculpatory, but we here is the evidence
that we have that we believe will overwhelm that. It is incriminating.
We are not wanting you to make a statement now. You talk to your
lawyer. See if you would like to assist us.
Then when you realize that, wow, their evidence is overwhelming, I am
dead meat, I am going to prison, then let's see what kind of deal we
can make.
Then you make a proffer: Here is what my client will say if you will
give us this plea agreement or this agreement, maybe an immunity
agreement, you work that out. That is how you go about proving a case.
None of that was done. The FBI and the Department of Justice
attorneys, people who absolutely loved and worshiped Hillary Clinton
and absolutely despised and hated Donald Trump didn't do any of that.
They protected the people who would have been critical witnesses.
We get around to Mr. John Bentel. He worked at the State Department
for 39 years. Here is what the IG report said:
Both agents who interviewed Bentel told us that he was uncooperative
and the interview was unproductive. However, they attributed these
problems to nervousness and fear of being found culpable.
Agent three--whoever that was, with whatever biases he had--told us
that he did not believe that immunity was necessary and it did not help
the investigation because Bentel was not forthcoming during his
interview.
That makes no sense. That is the kind of guy where you go ahead and
you have got enough evidence, you indict him, and then he gets a little
more cooperative through his lawyer. The guy helped commit crimes,
apparently. Then you see about getting more cooperation when he is
looking at being convicted and doing a long time in prison.
But he did not have any of that done. There was not even a threat of
prosecution. He wasn't prosecuted because bias affected the outcome of
the Hillary Clinton email investigation. If he had been prosecuted, he
would likely have been quite cooperative as a witness in establishing
what really happened. But he knew he was guilty. He had a guilty
conscience, which is obvious from what these people said in their
statements.
So what about Cheryl Mills? She was treated as if she were an
attorney for Hillary Clinton. She was allowed to sit in on the
interview of Hillary Clinton that was not recorded, and, basically, she
was assured in advance that she would be given a pass.
But Cheryl Mills is one who actually went through the Clinton emails.
Because of her position, she was in a position to make sure they did
not turn over any emails that would have incriminated Cheryl and
Hillary Clinton. And instead of doing anything that would have brought
that to light, they give her an immunity deal. They let her consult.
There is a massive question here of conspiring to obstruct justice,
yet they gave them a pass.
Mr. Speaker, Mr. Horowitz really did appear as if he were trying to
do something so that he could kind of say he was placating two
different sides. On the one hand, over 500 pages absolutely documenting
the horrendous bias and prejudice that permeated an actually cancerous
kind of bias that was eating through the Department of Justice and FBI,
then turns around and gave Democrats what they would hope to have:
[[Page H5282]]
Oh, no, there was no evidence that bias affected the investigation.
Well, how about the fact that there is no attorney-client privilege
if an attorney and a client are conspiring to obstruct justice or are
absolutely obstructing justice?
In such a case, you don't give immunity to the attorney, the
counselor, potential codefendant, and say: Here, you go through the
evidence and you tell us what you are going to let us have, and then
you destroy anything at all that you think might not be helpful to you
and Mrs. Clinton and give us what you think will be safe to give us.
It is absolutely incredible. The very fact that that was done, that
she was allowed to sit in on the interview, she was allowed to go
through and screen the emails for her and her client that could have
shown any possible crimes there is an outrage.
We need a second special counsel, and we need it now.
Mr. Speaker, I yield back the balance of my time.
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