[Congressional Record Volume 169, Number 98 (Tuesday, June 6, 2023)]
[Senate]
[Pages S1969-S1970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Congressional Oversight

  Mr. GRASSLEY. Mr. President, today, once again, I am here to discuss 
my constitutional oversight of the Justice Department and the FBI. It 
surely has been a very busy year thus far for congressional oversight, 
and let me say rightly so. That is the way it should be because we 
know, first, Congress passes laws, but Congress can't stop there. We 
have got to make sure that Congress follows up to guarantee, under our 
checks and balances of our Constitution, that a President will 
faithfully execute the laws.
  In many of my speeches on the topic of oversight, I have discussed 
how political infection has taken root in the Biden Justice Department 
and FBI. Such a political infection is catastrophic to the trust the 
American people must have in these institutions in order for those 
institutions to have any legitimate effect.
  To restore this country's confidence in the Justice Department and 
the FBI, these Agencies must come clean with a 1023 document that 
whistleblowers have approached me about.
  An FBI 1023 document is used to collect information from what the FBI 
calls a confidential human source.
  A confidential human source is not--I want to emphasize--is not a 
mere walk-in or a mere tip like some journalists have reported. 
Confidential human source purpose is to advance investigative activity, 
and the FBI takes great care to make sure that they can vet these 
people and know that they serve a useful purpose.
  The 1023 that I sought from the FBI references a criminal scheme 
involving then-Vice President Biden and his alleged receipt of $5 
million for a policy decision. Now, at first, the FBI refused to even 
admit that this document existed, let alone admit that this document 
was marked ``unclassified.''
  Then I told Director Wray last week that Chairman Comer and I have 
reviewed the 1023. I told Director Wray that this 1023 is marked 
``unclassified.'' I told him that it was dated June 30, 2020, and I and 
Chairman Comer demanded that he produce that document.
  Director Wray made one excuse after another to not produce it. I 
reminded Director Wray about how the FBI has a penchant for leaking 
classified information to the media and producing documents to the 
media. In fact, we all know that the FBI did exactly that in a May 18, 
2023, New York Times article. The FBI, therefore, has no legitimate 
basis to refuse production of a nonclassified document to the Congress 
of the United States.
  Let's keep in mind that Congress has received 1023 documents in the 
past, and now the FBI is subject to a legitimate subpoena for that very 
document. In last week's phone call with Director Wray, I also asked 
him if the 1023 is part of an ongoing investigation. He answered that 
it is relevant to an ongoing investigative matter.
  From that vague answer, it is reasonable to conclude that it is part 
of an ongoing investigation, otherwise it wouldn't be relative to one. 
It is also reasonable to conclude that the FBI finds it reliable enough 
to continue using it several years later.
  Still--still--that doesn't preclude Congress from running a parallel 
investigation pursuant to our constitutional oversight 
responsibilities.
  You may remember that this Senator did the same thing during 
Crossfire Hurricane. If anything, this entire process is a lesson for 
the executive branch with respect to Congress's constitutional power of 
oversight.
  Now, remember, Congress funds the executive branch, not the other way 
around. Remember, the document referenced other details that I believe 
will be made public in time. We have duties to the whistleblowers who 
have provided legally protected unclassified disclosures to us. These 
whistleblowers are patriots and must be protected.
  Partisan media, most likely in conjunction with the Biden FBI, has 
misleadingly reported the 1023 is from a tranche of information 
provided by Rudy Giuliani. News reports last week dispel that notion 
and make clear that 1023 information that we request is independent of 
Giuliani.
  Those news reports also show that the source who formed the basis of 
the 1023 is a long-serving FBI source. The source reportedly received 
numerous validations from the FBI. The source reportedly operated even 
during the Obama administration. Based on what I have been told about 
yesterday's meeting, the FBI didn't contradict these findings.
  Today, I can say that based upon unclassified and legally protected 
whistleblower disclosures, the FBI source in the 1023 has been paid at 
least $200,000 by the FBI since the source was opened and operational.
  High-dollar payments obviously mean the FBI believes the source to be 
credible and reputable. That makes sense, since Director Wray said the 
1023 is relevant to an ongoing investigative report.
  So is the FBI looking at bribery allegations against members of the 
Biden family? Is U.S. Attorney Weiss looking into this? Did the FBI 
follow normal investigative processes and procedures or did they just 
sweep this under the rug?
  For example, did the FBI try to improperly use the August 2020 Brian 
Auten assessment to shut down the 1023 reporting by falsely labeling it 
``disinformation''? What exactly is the FBI doing with the information 
in this 1023 document that we request?

[[Page S1970]]

  A vague pronouncement that the 1023 is relevant to an ongoing matter 
is certainly not even close to enough information to satisfy Congress 
as well as the American people about what is actually being done with 
the information on this 1023 document.
  The Justice Department and the FBI no longer deserve the benefit of 
the doubt. Just read the Durham report and its example after example of 
Justice Department and FBI failures that the Durham report points out.
  And since July of last year, I have raised one whistleblower 
allegation after another to Attorney General Garland and to Director 
Wray of the FBI relating to the Biden family investigation.
  Now, just remember this: The Justice Department and the FBI have 
failed to dispute a single whistleblower allegation that I have made 
public. They have also failed to provide any records that I have 
requested from the FBI or the Department of Justice.
  Here, with this 1023 document that I have been referring to 
throughout my remarks, the Biden Justice Department and FBI must 
explain to Congress and the American people what, if anything, they 
have done with this information. And they need to show their work. We 
are not accepting their word anymore. We are seeking documentary proof 
of what they did to investigate the matter or their failure to so do. 
Given the gravity of the issues at stake, the American people deserve 
nothing less.
  So to the Justice Department and the FBI: Quit playing games and 
recognize whom you work for. You are not working to protect the 
corporate interests of the FBI; you are working for the American 
people.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.