Grassley Seeks Information about FBI Raid of Whistleblower’s Home

WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley of Iowa wrote separately to the Justice Department’s Inspector General and the FBI Director seeking answers about the bureau’s raid on the residence of a whistleblower who reportedly disclosed information about the Clinton Foundation and the Uranium One transaction.

Grassley requested the documents provided to the Inspector General by the whistleblower. Grassley also asked about the FBI’s awareness of the protected disclosures made by the whistleblower, the basis for the raid and whether any of the material seized during the raid was classified.

Last month, Grassley also wrote in an unclassified cover letter to the FBI Director on a related matter and followed up with a similar letter to both the FBI and Justice Department about key portions of the classified annex to the Inspector General’s report of earlier this year.

Full text of Grassley’s letter to Inspector General Horowitz can be found below and full text of Grassley’s letter to FBI Director Wray follows.

November 30, 2018

The Honorable Michael E. Horowitz

Inspector General

U.S. Department of Justice

Dear Inspector General Horowitz,

 A recent news report has indicated that the FBI raided the home of a “whistleblower,” Mr. Dennis Nathan Cain, who provided documents regarding the Clinton Foundation and Uranium One transaction to your office.[1]  The report also notes that after receiving the documents, you provided them to the House and Senate Intelligence Committees.  It appears, based on the reporting, that these documents were provided to your office under the Intelligence Community Whistleblower Protection Act.  Further, it appears that the documents pertain to matters that fall within this Committee’s jurisdiction and matters upon which this Committee has inquired.  Accordingly, I request that you produce all documents to the Committee and provide an update with respect to the steps you have taken, or plan to take, regarding the FBI’s treatment of Mr. Cain’s disclosures no later than December 12, 2018.          

Should you have questions, please contact Josh Flynn-Brown of my Judiciary Committee staff at (202) 224-5225.

Sincerely,

Charles E. Grassley                            

Chairman                               

                                                                       Committee on the Judiciary

November 30, 2018

The Honorable Christopher Wray

Director

Federal Bureau of Investigation

Dear Director Wray:

On November 19, 2018, the Federal Bureau of Investigation (FBI) reportedly raided the home of a former FBI contractor, Mr. Dennis Nathan Cain, who reportedly made disclosures to the Department of Justice Office of the Inspector General in accordance with the Intelligence Community Whistleblower Protection Act (ICWPA).[2]  As you are aware, the ICWPA applies to FBI contractors and provides them a mechanism by which to report waste, fraud, abuse, and mismanagement to Congress and the Inspector General. During the raid, agents reportedly seized documents that Mr. Cain had provided to the Inspector General and that the Inspector General later provided to the House and Senate Intelligence Committees. These documents relate to the Clinton Foundation and Uranium One transaction. To better understand the FBI’s basis for performing the raid, please answer the following no later than December 12, 2018:

1. Was the FBI aware at the time of the raid that Mr. Cain had made what appeared to be lawful disclosures to the Inspector General? If so, was the FBI aware that these disclosures were passed to the House and Senate Intelligence Committees, per the ICWPA process?
2. Does the FBI consider Mr. Cain’s disclosures to be protected?  Please explain.
3. On what basis did the FBI decide to carry out the aforementioned raid on November 19, 2018? Please explain and provide a copy of the warrant and all supporting affidavits.
4. Did the materials seized by the FBI during the raid contain any classified information? If so, was that information classified at the time Mr. Cain brought them to his residence?

I anticipate that your written reply and most responsive documents will be unclassified.  Please send all unclassified material directly to the Committee. In keeping with the requirements of Executive Order 13526, if any of the responsive documents do contain classified information, please segregate all unclassified material within the classified documents, provide all unclassified information directly to the Committee, and provide a classified addendum to the Office of Senate Security. Although the Committee complies with all laws and regulations governing the handling of classified information, it is not bound, absent its prior agreement, by any handling restrictions.

Thank you in advance for your cooperation with this request. If you have any questions, please contact Josh Flynn-Brown of my Committee Staff at (202) 224-5225.

Sincerely,

Charles E. Grassley                            

Chairman                               

                                                                       Committee on the Judiciary

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