[Congressional Record Volume 168, Number 143 (Wednesday, September 7, 2022)]
[Senate]
[Pages S4488-S4489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                  FBI

  Mr. GRASSLEY. Madam President, last week, while I was meeting with 
constituents in Iowa, news broke here

[[Page S4489]]

in Washington, DC, about Assistant Special Agent in Charge Tim 
Thibault's retirement.
  Since May 31 of this year, I have highlighted Tim Thibault's partisan 
bias and how it infected major FBI investigations. That included a July 
18 letter of this year that highlighted his role in opening a criminal 
investigation into Trump's campaign and advisers. That investigation is 
the electoral investigation that has been in the news.
  For example, on July 26 of this year, the Washington Post reported on 
that very same Trump investigation. Now, however, the Post failed to 
note that Thibault was the prime mover in opening it.
  Now get this: The Post failed to note that Tim Thibault predicated 
the investigation, in a substantial part, on liberal news articles, as 
well as information derived from a liberal nonprofit. Attorney General 
Garland and Director Wray approved a full investigation anyway, which, 
as we all know, was contrary to standard procedure for moving ahead on 
an investigation.
  That Washington Post article occurred 1 day after I made the Trump 
investigation letter public and 1 day after I made the July 25 Hunter 
Biden investigation letter public.
  Since Tim Thibault's exit from the FBI, I have noticed more news 
articles and reporting that haven't been accurate with respect to the 
allegations that I have made public. Let me take this opportunity, 
then, to correct the record with respect to that inaccurate reporting.
  Some reports have noted that the Hunter Biden criminal probe is 
ongoing; therefore, how can the allegations of Thibault shutting down 
investigation activity relating to Hunter Biden be credible?
  Well, this is the difference: The whistleblower disclosures to me 
relate to investigative activity and avenues of information that 
originated entirely separate from the ongoing Hunter Biden criminal 
probe. That is why the allegations that I made--that I brought 
forward--are so very, very important, because we are dealing with a 
separate category of potentially criminal information relating to 
Hunter Biden that the FBI has within its possession and the information 
received by the FBI was either verified or verifiable. Even so, based 
on allegations, the investigative activity was shut down by Special 
Agent Thibault and, of course, by others based on the false assertion 
that it was disinformation.

  How many times do we have this ``disinformation'' coming up as an 
excuse all the time with Grassley's investigations?
  Now, to be precise, FBI officials want to take action with respect to 
this separate investigative information that the FBI had in its 
possession related to Hunter Biden. However, Thibault blocked the FBI 
from doing what would normally be done. Accordingly, the investigative 
activity and the information cannot be advanced as it should have been, 
which means the FBI could have gathered more evidence with respect to 
Hunter Biden but cut bait instead. And the FBI and Thibault cut bait 
right before the 2020 Presidential election.
  Since the information and activity was shut down, it wouldn't have 
been initially shared with any ongoing criminal probe. That calls into 
question, then, what U.S. Attorney Weiss is actually investigating. It 
also calls into question what the FBI's Baltimore field office is 
reviewing and whether it is the full scope of evidence.
  Now, I have asked Director Wray about that whole issue. I asked him:

       How can verified and verifiable information relating to the 
     Hunter Biden's potential criminality be shared with U.S. 
     Attorney Weiss if it is shut down?

  We have no answer from Director Wray.
  At the Judiciary Committee's August 4 oversight hearing, Director 
Wray said that it is his expectation that such information would be 
shared with relevant offices.
  So, Director Wray, I have this question: What have you done to ensure 
that your expectation has been met?
  Because of Director Wray's failure to answer, Congress is unaware of 
whether or not the FBI has finally shared full and complete information 
and investigative activity with any ongoing criminal probe.
  Therefore, without additional transparency from the government, there 
is a very real chance the Hunter Biden criminal probe doesn't include 
the full evidentiary picture.
  Now, how can the American people trust the results? Some have also 
questioned how an assistant special agent in charge like Thibault can 
have so much power--power to open and close investigative activities.
  Well, that is exactly what he did. And that power is often abused 
within the FBI. For example, on March 28 of this year, Chairman Durbin 
and I wrote a letter to the FBI about an audit. That audit showed 
widespread violations of internal policies designed to ensure proper 
handling of the FBI's most sensitive investigations.
  To read from my letter with Chairman Durbin:

       The FBI reviewed 353 Sensitive Investigative Matters--just 
     under half of all such matters that were pending during this 
     18-month review period--and identified 747 violations.

  In 45 investigations, the FBI didn't conduct or document a legal 
review prior to opening it. In 40 investigations, the FBI officials who 
opened a sensitive investigative matter didn't obtain approval from the 
relevant special agent in charge or even the assistant special agent in 
charge.
  Now, with those statistics, I fear that is just the tip of the 
iceberg.
  In conclusion, let's look at Thibault's recent statement and the 
allegations he didn't address. I think we have five or six.
  First, he didn't address his role in opening a Trump investigation 
based on liberal news articles and information derived from a liberal 
nonprofit. Secondly, he didn't address his collaboration with Richard 
Pilger with respect to that investigation. Third, he didn't address 
efforts to water down the Trump investigation memo sent to Attorney 
General Garland and Director Wray which they ultimately approved. 
Fourth, he didn't address the shutting down of the investigative 
activity and avenues of information relating to Hunter Biden. Fifth, he 
didn't address the alleged criminality within the information provided 
to the FBI about Hunter Biden. Sixth, he didn't address the August 2020 
assessment opened by Brian Auten that was used to falsely label Hunter 
Biden's information as ``disinformation.'' Seventh, he didn't address 
his actions to try and improperly mark investigative closings so that 
they couldn't be opened in the future. Lastly, Thibault said that he 
``welcomes any investigation'' into allegations against him.
  Well, Mr. Thibault, come on in. Sit for a transcribed interview with 
me and my colleagues.
  I yield the floor.

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