[Congressional Record Volume 165, Number 39 (Tuesday, March 5, 2019)]
[Senate]
[Pages S1654-S1655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          NOMINATION OBJECTION

  Mr. GRASSLEY. Madam President, I intend to object to any unanimous 
consent request relating to the nomination of William R. Evanina to be 
Director of the National Counterintelligence and Security Center, 
PN192.
  When I noticed my intention to place a hold on this nominee back in 
June of 2018, I made it very clear to the public and to the 
administration my reasons for doing so, and I put my statement of those 
reasons in the Record. I have done that consistently, not only since 
the rules of the Senate require every Member to do that, but even 
before that rule was ever put in place.
  I continue to experience difficulties obtaining relevant documents 
and briefings from the Justice Department and the Office of the 
Director of National Intelligence, ODNI, related to 2016 election 
controversies. On several occasions, Deputy Attorney General, DAG, Rod 
Rosenstein has personally assured me that the Senate Judiciary 
Committee would receive equal access to information provided to the 
House Permanent Select Committee on Intelligence, HPSCI, with regard to 
any concessions in its negotiations regarding pending subpoenas from 
that committee. However, I and the Judiciary Committee have not 
received equal access.
  For example, on August 7, 2018, I wrote to the Justice Department and 
pointed out that the House Intelligence Committee had received 
documents related to Bruce Ohr that we had not received. The Department 
initially denied those records had been provided to the House 
Intelligence Committee. After my staff confronted the Department, we 
eventually received some Bruce Ohr documents. In that 2018 letter I 
have referred to, I asked for documents based on my equal access 
agreement with Deputy Attorney General Rosenstein, and I have not 
received a response to date.
  I have since learned that the Justice Department has taken the 
position that Director Coats has prohibited them from sharing the 
requested records with the committee.
  In addition to the records request, in May 2018, the Director of 
National Intelligence and the Justice Department provided a briefing in 
connection with a pending House Intel subpoena to which no Senate 
Judiciary Committee member was invited.
  Thus far, the committee's attempts to schedule an equivalent briefing 
have been ignored.
  The administration's continued, ongoing, and blatant lack of 
cooperation has forced my hand. I must object to any consideration of 
this nomination.
  In the authorizing resolution that created the Senate Select 
Committee on Intelligence, SSCI, the Senate explicitly reserves for 
other standing committees, such as the Senate Judiciary Committee, 
independent authority to ``study and review any intelligence or 
intelligence-related activity'' and ``to obtain full and prompt access 
to the product of the intelligence and intelligence-related activities 
of a department or agency,'' when such a

[[Page S1655]]

matter ``directly affects a matter otherwise within the jurisdiction of 
that committee,'' S. Res. 400. As I understand it, the information at 
issue here falls into that category.
  Thus, unfortunately, I must object to any consideration of this 
nomination. My objection is not intended to question the credentials of 
Mr. Evanina in any way. This objection falls squarely on the 
administration's continued failure to uphold their end of the 
agreement. The executive branch must recognize that it has an ongoing 
obligation to respond to congressional inquiries in a timely and 
reasonable manner.

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