Grassley Statement at Markup of Speak Out Act, Nominees
Opening Statement
by Senator Chuck Grassley of Iowa
Ranking Member, Senate
Judiciary Committee
Executive Business
Meeting
Thursday, September
15, 2022
Today,
I’ll be supporting Judge Douglas’s nomination and opposing the other
nominations. Judge Douglas has the support of both of her home state senators.
In an unusual development for this administration’s nominees, she actually
answered whether she believes in the so-called “living Constitution” approach
to judging.
I
want to take a few minutes to talk about Mr. Garcia’s nomination to the D.C.
Circuit. He graduated from law school in
2011 and clerked for Judge Thomas Griffith and Justice Elena Kagan. He also spent
a few years in private practice before joining the Justice Department earlier
this year.
Now,
a Trump nominee had a similar number of years of experience. She clerked for
two prominent federal judges and a Supreme Court Justice. Democrats weren’t
impressed. One even said that she’d “demonstrated no abilities to serve” on a
circuit court. So Mr. Garcia may have trouble getting those senators’ votes
unless they have a double standard.
My
opposition isn’t because of his experience. I have concerns about his judicial
philosophy, including his approach to religious liberty. He litigated against
Catholic elementary schools, arguing that federal courts have the power to intervene
in employment disputes involving teachers responsible for instructing students
in the faith.
Additionally,
we can hold a voice vote on the Speak Out
Act. I’d like to applaud Senator Blackburn for her leadership on this bill.
This is a very important issue and the bipartisan bill will ensure that victims
have the ability to Speak Out. I’m proud to vote yes on this bill today.
I’d
also like to discuss again the Justice Department’s and FBI’s continued failure
to respond to this committee’s oversight requests. Starting on May
31, 2022, I’ve written three letters regarding political bias that’s
infected the FBI. Two
of those letters provided specific and credible allegations based on
numerous whistleblowers. The allegations show a deeply rooted political
infection that’s spread to investigative activity into former President Trump
and Hunter Biden. Based on allegations, the Justice Department and FBI approved
investigative activity into Trump based in substantial part on liberal news
articles and information derived from a liberal non-profit. The FBI shut down
investigative activity, which included verified and verifiable information,
relating to Hunter Biden. That activity was separate
from the ongoing probe by the Delaware U.S. Attorney.
The
Justice Department and FBI have failed to address the allegations that I’ve
raised. They also haven’t disputed the allegations.
In
light of the FBI’s failure to respond, on
August 17, 2022, I requested a comprehensive organizational chart for the
Washington Field Office. The purpose of this request is to better understand
how the Washington Field Office is staffed and who’s responsible for the units
and squads within the office. Most importantly, it’s to prepare for future
congressional interviews. The FBI has failed to provide that organizational
chart.
Also,
on
August 25, 2022, Senator Johnson and I wrote to two FBI employees: Nikki
Floris, who’s the Intelligence Analyst in Charge at the Washington Field Office
and Bradley Benavides, who’s Deputy Assistant Director within the
Counterintelligence Division. They briefed me and Senator Johnson in August
2020. That’s the infamous briefing that was only done because of Democratic
pressure to do it.
Simply
put, the briefing was unnecessary. Certain colleagues on the other side of the
aisle used that briefing to attempt to falsely paint our ongoing Biden
investigation as advancing Russian disinformation. The FBI has failed to
respond to our requests for information about that briefing. Therefore, Senator
Johnson and I have requested that these two employees sit for a transcribed
interview with us. No response.
The
Justice Department and FBI continue to thumb their nose at this committee’s
oversight jurisdiction. This senator won’t let up. My work to shine the light
of transparency on the department will continue.
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