Why the Justice Department Is Defiant

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The feud that has simmered for months between Congress and the Justice Department erupted this week into a cage match. That’s because the House is homing in on the goods.

Until this week, Deputy Attorney General

Rod Rosenstein

and fellow institutionalists at the department had fought Congress’s demands for information with the tools of banal bureaucracy—resist, delay, ignore, negotiate. But Mr. Rosenstein took things to a new level on Tuesday, accusing House Republicans of “threats,” extortion and wanting to “rummage” through department documents. A Wednesday New York Times story then dropped a new slur, claiming “Mr. Rosenstein and top FBI officials have come to suspect that some lawmakers were using their oversight authority to gain intelligence about [Special Counsel

Bob Mueller’s

] investigation so that it could be shared with the White House.”

Mr. Rosenstein isn’t worried about rummaging. That’s a diversion from the department’s opposite concern: that it is being asked to comply with very specific—potentially very revealing—demands. Two House sources confirm for me that the Justice Department was recently delivered first a classified House Intelligence Committee letter and then a subpoena (which arrived Monday) demanding documents related to a new line of inquiry about the Federal Bureau of Investigation’s Trump investigation. The deadline for complying with the subpoena was Thursday afternoon, and the Justice Department flouted it. As the White House is undoubtedly monitoring any new congressional demands for information, it is likely that President Trump’s tweet Wednesday ripping the department for not turning over documents was in part a reference to this latest demand.

Republicans also demand the FBI drop any objections to declassifying a section of the recently issued House Intelligence Committee report that deals with a briefing former FBI Director

James Comey

provided about former national security adviser

Mike Flynn.

House Republicans say Mr. Comey told them his own agents did not believe Mr. Flynn lied to them. On his book tour, Mr. Comey has said that isn’t true. Someone isn’t being honest. Is the FBI more interested in protecting the reputations of two former directors (the other being Mr. Mueller, who dragged Mr. Flynn into court on lying grounds) than in telling the public the truth?

It’s hard to have any faith in the necessity of the more than 300 redactions in the House Intel report, most of which the Republican committee members insist are bogus and should be removed. On every occasion that Justice or the FBI has claimed material must be withheld for the sake of national security or continuing investigations, it has later come out that the only thing at stake were those institutions’ reputations. Think the Comey memos, which showed the former director had little basis for claiming obstruction. Or

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Sen. Chuck Grassley’s

criminal referral of dossier author

Christopher Steele,

the FBI’s so-called reliable source, whom we now know it had to fire for talking to the press and possibly lying.

The Justice Department is laying all this at the feet of the Office of the Director of National Intelligence, which technically oversees redactions. But ODNI consults with the agency that “owns” the material, and the FBI is clearly doing the blocking. Again, many pieces of the House Intel report that are being hidden happen to relate to FBI conduct during the 2016 election.

The increasingly poisonous interaction between Congress and the Justice Department also stems from a growing list of questions Republicans have about leading Justice Department officials’ roles in the events Congress seeks to investigate. Mr. Rosenstein’s name was on at least one of the applications for a warrant on

Carter Page

to the Foreign Intelligence Surveillance Court. Dana Boente’s name is on another, and he’s now serving as the FBI’s general counsel.

We can’t know the precise motivations behind the Justice Department’s and FBI’s refusal to make key information public. But whether it is out of real concern over declassification or a desire to protect the institutions from embarrassment, the current leadership is about 20 steps behind this narrative. Mr. Comey, Peter Strzok,

Lisa Page,

Andrew McCabe

—they have already shattered the FBI’s reputation and public trust. There is nothing to be gained from pretending this is business as usual, or attempting to stem continued fallout by hiding further details.

This week’s events—including more flat-out subpoena defiance—put a luminous spotlight on Speaker

Paul Ryan.

The credibility of the House’s oversight authority is at stake. Mr. Ryan’s committee chairmen have done remarkable work exposing FBI behavior, and they deserve backup. The quickest way to get Justice and FBI to comply with these legitimate requests is for Mr. Ryan to state strongly and publicly that he has zero qualms about proceeding down the road of contempt or impeachment if House demands are not met. This is the people’s government, not the Justice Department’s.

Write to kim@wsj.com.

Appeared in the May 4, 2018, print edition as ‘Why Justice Is Defiant.’



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