Press Releases

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and co-chair of the Senate Cybersecurity Caucus, released the following statement on the White House’s National Cyber Strategy:

“There is not one sector of American society, public or private, that has escaped the threat posed by malicious cyber actors. The entertainment industry, federal, state and local governments, hospitals, and the banking sector – to name just a few examples – have all suffered from major cyber incursions in recent years. Given the scale and frequency of these attacks, and the urgency of the challenge, I have been calling for some time for a national cyber strategy to build resiliency and deter adversaries.

“The White House strategy document outlines a number of important and well-established cyber priorities. We need to focus on growing the cyber workforce, promoting more secure development and security across product lifecycle, establishing norms of responsible state behavior, leveraging federal procurement power to drive better security, and publicly attributing and punishing adversaries who violate those standards. The Administration must now move beyond vague policy proposals and into concrete action towards achieving those goals.”

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Washington, D.C. – Today, House Democratic Leader Nancy Pelosi (D-CA), U.S. Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Ranking Member Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) sent a letter to Director of National Intelligence Daniel Coats, Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray expressing serious concerns about the implications of President Trump’s decision to declassify and disclose highly classified information related to the Special Counsel’s investigation and the involvement of the White House Counsel in the process. The Members also requested an immediate “Gang of Eight” briefing from the agency heads prior to any disclosure.

In the letter, the Members write: “The action [President Trump] has taken, to direct your agencies to selectively disclose classified information that he believes he can manipulate publicly to undermine the legitimacy and credibility of the Special Counsel’s investigation, is a brazen abuse of power. Any decision by your offices to share this material with the President or his lawyers will violate longstanding Department of Justice policies, as well as assurances you have provided to us.”

Pelosi, Schumer, Schiff and Warner previously wrote to Deputy Attorney General Rosenstein and Director Wray on June 5 and June 27, and to Director Coats on July 12. The full letter is below:

* * *

September 18, 2018

The Honorable Daniel Coats

Director

Office of the Director of National Intelligence

Washington, D.C. 20511

The Honorable Rod J. Rosenstein
Deputy Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, Northwest
Washington, D.C. 20530

The Honorable Christopher Wray

Director

Federal Bureau of Investigation

935 Pennsylvania Avenue, Northwest

Washington, D.C. 20535

Dear Director Coats, Deputy Attorney General Rosenstein, and Director Wray:

We write to express profound alarm at President Donald Trump’s decision on September 17, 2018 to intervene in an ongoing law enforcement investigation that may implicate the President himself or those around him. The action he has taken, to direct your agencies to selectively disclose classified information that he believes he can manipulate publicly to undermine the legitimacy and credibility of the Special Counsel’s investigation, is a brazen abuse of power. Any decision by your offices to share this material with the President or his lawyers will violate longstanding Department of Justice policies, as well as assurances you have provided to us.

On June 5, 2018, we first wrote to Deputy Attorney General Rosenstein and Director Wray to express deep concern that the President and his legal team sought to abuse the President’s power to interfere with the Special Counsel’s ongoing investigation and undermine the Department of Justice and Federal Bureau of Investigation’s lawful and appropriate activities. We underscored that providing the White House and the President’s lawyers access to classified information and investigatory material of the utmost sensitivity – including information related to the Special Counsel’s investigation that implicates the President’s own campaign and associates – would grossly violate our system of checks and balances, fundamental norms, and long-standing, well-founded, and established procedure. Absent an indictment, moreover, the subjects of federal investigation should not be able to access law enforcement or related national security information for any reason.

On June 27, 2018, we wrote again to memorialize the verbal assurance you provided us that DOJ and FBI would not provide the White House or any of the President’s attorneys with access to sensitive information briefed to a small group of designated Members.

On July 12, 2018, we also wrote to Director Coats to express alarm that this information was being made more broadly available within the Congress, in direct contravention of your assurances. In this letter, we noted that during our meetings with all of you on these sensitive matters we discussed at great length the importance of protecting sources and methods and ongoing investigations. As you recall, all of the meetings’ attendees agreed that the information discussed was among the most sensitive type of information and should be protected accordingly. Director Coats’ July 13, 2018 written response to our letter, moreover, underscored his agreement that protecting sources and methods must be a top concern.

Pursuant to the President’s order, announced yesterday evening in a White House press statement, DOJ stated publicly that a declassification review process has been triggered, that DOJ and FBI are “already working with the Director of National Intelligence,” and that this review would be “conducted by various agencies within the intelligence community, in conjunction with the White House Counsel […].” The involvement of the White House Counsel, or any component of the White House, is highly improper and profoundly troubling. President Trump and the White House should not be given access to any sensitive law enforcement or national security information related to an ongoing federal investigation examining conduct by the President, his campaign, or his associates.

In light of the assurances you provided, we request an immediate briefing to the Gang of Eight from you prior to any disclosure of the affected material by your agencies to anyone at the White House. Among other issues of concern, we will need you to clarify in person:

the exact review process that will be undertaken, including the White House’s role in and visibility into this process and the specific White House officials expected to be involved;
your agencies’ proposed redactions and plans to protect investigative equities and sources and methods, including efforts to mitigate harm that may result from these disclosures; and
how you intend to comply with statutes binding on the President and executive branch officers and employees, including the Privacy Act.

Your agencies’ review, and any communication with the White House on the substance of the material, should not proceed further until you have briefed the Gang of Eight in person.

Thank you for your immediate attention and we appreciate meeting as soon as possible.

Sincerely,

NANCY PELOSI House Democratic Leader	CHUCK SCHUMER Senate Democratic Leader
ADAM SCHIFF Ranking Member, House Intelligence Committee	MARK WARNER Vice Chairman, Senate Intelligence Committee

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded congressional passage of bipartisan legislation to fund federal programs and build new military construction and facilities under the Department of Veteran Affairs (V-A), the Department of Energy (DOE), and the Department of Defense (DoD).

The conference report to accompany the Fiscal Year 2019 appropriations package that covers funding for energy and water development, military construction and veterans affairs (MilCon-V-A), the legislative branch, and all of their related agencies, passed in both chambers and now heads to the President’s desk for signature.

“We are proud to have worked with our colleagues on a bipartisan funding agreement that upholds our promise to our nation’s veterans,” said the Senators. “Although the President has threatened to pull funding from the Appalachian Regional Commission time and time again, this legislation will continue to support this critical federal partnership to boost economic opportunity in Southwest Virginia. Additionally, this bill provides necessary funding for military maintenance, construction of new military facilities, and makes new investments to support research and development at J-Lab.”

The following list includes many of the provisions Sens. Warner and Kaine advocated for on behalf of Virginia that were included in the final appropriations package:

Appalachian Regional Commission: Following President Trump’s attempts to defund ARC, the bill fully funds this successful federal-state partnership by providing $165 million to continue its efforts to increase employment and economic opportunities for those living in Appalachia, strengthen and maintain the region’s infrastructure, and provide additional educational and workforce opportunities for citizens of Appalachia so that they can compete in a 21^st century global economy.

Military Construction: Provides more than $131 million in new construction throughout the Commonwealth.

Joint Base Langley-Eustis: Funds nearly $23 million on three projects at the base.
Forts A.P. and Belvoir: Receive nearly $18 million to build new training facilities.
Portsmouth Ship Maintenance: Provides $26 million for a ship maintenance shop in Portsmouth, Virginia.

Both Senators advocated for these projects, and more, when the Fiscal Year 2019 National Defense Authorization Act passed the Senate.

Veterans Affairs: Provides $86.4 billion in funding for the V-A, an increase of $5 billion above fiscal year 2018. The bill would increase funding to several Veteran Health Administration priority areas, including $1.1 billion for electronic health record modernization and $8.6 billion to increase mental health services for veterans. It includes $1.8 billion for homelessness programs like the Supportive Services for Veterans and Families program, which provides assistance to homeless veterans; $206 million to increase suicide prevention outreach; $78 billion to help provide high-quality and timely health care services to veterans; $174 million to improve the veteran appeals process; and more than doubles FY18 funds to provide $1.8 billion for the construction of new V-A medical facilities.

Jefferson Lab Nuclear Physics Research: Provides $615 million for nuclear physics research within the Department of Energy’s Office of Science in order to fulfill DOE’s Long Range Plan for Nuclear Science. The funds will enable scientists at labs across the country, including at Jefferson National Accelerator Facility in Newport News, VA, to engage in critical research that will maintain U.S. leadership and preeminence in this field.

Hampton Roads Infrastructure:

Army Corps of Engineers Civil Works Projects: Provides $2.18 billion for construction of water infrastructure projects and $3.74 billion for operations and maintenance of existing infrastructure related to harbor maintenance, flood and storm damage control, and aquatic ecosystem restoration. Total funding for the Corps of Engineers is $171 million above the FY2018 enacted level and $2.2 billion above the President’s budget request.
Donor and Energy Transfer Ports: Provides $50 million to ensure that ports like the Port of Virginia receive equitable levels of funding to reinvest in and modernize their infrastructure.
North Landing Bridge: Provides $1.6 million for the Army Corps of Engineers to continue studying the feasibility of replacing the federally-owned North Landing Bridge, which connects Chesapeake, VA, and Virginia Beach, VA. Two years ago, Warner and Kaine were instrumental in securing federal funding to replace a similar Army Corps asset, the Deep Creek Bridge, which was a safety hazard and regional traffic bottleneck.
Norfolk Harbor: Includes $300,000 to conclude the study phase of – and advance to construction – the deepening and widening of navigation channels in Norfolk Harbor and tributaries, which will allow the largest deep-draft container ships to call on the Port of Virginia. This project, in concert with the expansion and new marine terminal at the Craney Island Dredged Material Management Area (CIDMMA), will be a generational investment in the infrastructure and economic competitiveness of the Port of Virginia.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a member of the Senate Banking Committee, released the following statement after President Trump signed an executive order “Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election”:

“In order to deter foreign interference in future elections, we must make it clear to Russia and other adversaries that interference is unacceptable, and will have painful consequences.

“Unfortunately, President Trump demonstrated in Helsinki and elsewhere that he simply cannot be counted upon to stand up to Putin when it matters. While the Administration has yet to share the full text, an executive order that inevitably leaves the President broad discretion to decide whether to impose tough sanctions against those who attack our democracy is insufficient.

“If we are going to actually deter Russia and others from interfering in our elections in the future, we need to spell out strong, clear consequences, without ambiguity. We remain woefully underprepared to secure the upcoming elections, and an executive order is simply no substitute for congressional action, such as the strong measures included in the bipartisan DETER Act.”

Sen. Warner is a co-sponsor of the Defending Elections from Threats by Establishing Redlines (DETER) Act.

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WASHINGTON— Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) wrote to the U.S. Department of Defense (DoD) to offer assistance in protecting military facilities and personnel in Virginia ahead of Hurricane Florence. Virginia has a significant footprint for each of the branches of our nation’s military and is home to Naval Station Norfolk, the largest naval complex in the world. This week, the station warned its employees about the possibility of flooding and urged them not to leave their vehicles parked at the base during the storm.

“As sea levels rise, these installations in particular have faced increased frequency and severity of flooding in recent years. Given the critical role that Hampton Roads military installations play in supporting our nation’s security, we ask that you keep us apprised of any assistance you may need to ensure the safety of servicemembers and their families, installations, and infrastructure, and to swiftly address any potential damage resulting from the storm. We look forward to working with you to ensure that the military is able to quickly recover following Hurricane Florence,” wrote the Senators in a letter to Defense Secretary Jim Mattis.

On September 8, 2018, Gov. Northam declared a state of emergency in Virginia in preparation for Hurricane Florence, which is projected to have a significant impact on the Commonwealth in the coming days. On Monday, Sens. Warner and Kaine led the Virginia congressional delegation in a letter calling on President Trump to support the Governor’s request to issue a federal emergency declaration ahead of the storm.

The full text of the letter can be found here and below:

The Honorable James N. Mattis
Secretary of Defense
U.S. Department of Defense
1000 Defense Pentagon
Washington, DC 20301

Dear Secretary Mattis,

As Hurricane Florence strengthens in the Atlantic on its projected path toward the East Coast, we write to offer our assistance and support as the Department of Defense takes the appropriate steps to ensure the safety of its personnel and infrastructure in Virginia. Our state hosts significant footprints for each of the branches of our nation’s military, and is home to the largest naval complex in the world, Naval Station Norfolk.

In preparation for the storm, the Commonwealth of Virginia has declared a state of emergency, and has requested Federal support in dealing with potential emergency response. Additionally, we understand that the Navy has ordered Sortie Condition Alpha, meaning ships from Joint Expeditionary Base Little Creek and Naval Station Norfolk will be getting underway to avoid the worst of the storm. We are grateful for the steps the Department of Defense has taken so far.

As sea levels rise, these installations in particular have faced increased frequency and severity of flooding in recent years. Given the critical role that Hampton Roads military installations play in supporting our nation’s security, we ask that you keep us apprised of any assistance you may need to ensure the safety of servicemembers and their families, installations, and infrastructure, and to swiftly address any potential damage resulting from the storm.

We look forward to working with you to ensure that the military is able to quickly recover following Hurricane Florence. Thank you again for your preparation on this critical effort.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, today released the following statement after the U.S. Department of Justice filed charges against a North Korean spy in connection with the 2014 cyberattack on Sony Pictures Entertainment and the 2017 Wannacry ransomware attack:

“This indictment is the result of years of hard work by the FBI and the Department of Justice, and it is an important step in making clear to our adversaries that these kinds of criminal activities are unacceptable. It also points to the need for a clearly thought-out and articulated strategy for deterring and punishing state-sponsored cyberattacks.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement today after Facebook announced that it had removed 652 fraudulent Iranian-backed pages, groups, and accounts from Facebook and Instagram — as well as a number of pages, groups, and accounts linked to Russian military intelligence from Facebook. This announcement comes just weeks ahead of the September 5^th open hearing of the Senate Intelligence Committee with the leadership of Facebook, Twitter, and Google on the subject of social media manipulation.

“This is further evidence that foreign adversaries are actively using social media to divide Americans and undermine our democratic institutions. I’ve been saying for months that there’s no way the problem of social media manipulation is limited to a single troll farm in St. Petersburg, and that fact is now beyond a doubt. We also learned today that the Iranians are now following the Kremlin’s playbook from 2016. While I’m encouraged to see Facebook taking steps to rid their platforms of these bad actors, there’s clearly more work to be done. I look forward to questioning the leadership of Facebook, Twitter, and Google about this at the Intelligence Committee’s hearing on September 5^th.”

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, filed anamendment to the defense appropriations bill to prohibit President Trump from abusing the security clearance process to punish his critics.

“President Trump’s actions over the last week are beyond outrageous. His tactics are reminiscent of another president who abused his office to settle scores and punish critics. By revoking or threatening to revoke the security clearances of former intelligence officials who have criticized his conduct in office, President Trump is setting an extremely dangerous precedent. He’s using the powers of his office in an attempt to intimidate and silence his opponents, and he is politicizing a process that is, by design, supposed to be non-partisan and apolitical,” said Sen. Warner today.

Sen. Warner offered an amendment to the defense appropriations bill currently under debate on the Senate floor prohibiting the use of federal funds to revoke an individual’s security clearance, except in accordance with Part 147 of title 32, Code of Federal Regulations, and Executive Orders 12968 and 13467 as in effect on August 15, 2018 – the day President Trump revoked John Brennan’s security clearance. Text of the amendment is available here.

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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner (D-VA), Tim Kaine (D-VA), David Perdue (R-GA), and Johnny Isakson (R-GA) sent a letter to the Secretary of the Army raising concerns over a recent report about lead poisonings and dangerous lead levels in housing on U.S. Army installations, endangering military families.

“We write to you today concerned about recent reports of lead poisoning at a number of Army installations. The health and safety of our servicemembers and their families are of the utmost importance,” the Senators said.

While the sale of lead-based paint is banned in the United States, many older homes still have the old paint on walls, which can become dangerous to children as it peels and chips. Young children are most susceptible to lead poisoning and face long-term developmental delays.

The report highlights cases of lead poisoning at on-base housing at Fort Benning, Georgia; Fort Polk, Louisiana; Fort Hood and Fort Bliss, Texas; Fort Knox, Kentucky; and a 2015 Department of Defense IG report that found lead paint hazards at Ft. Belvoir, Virginia. In the letter, the Senators ask Army Secretary Mark Esper to provide a detailed briefing about what the Army is doing to keep military families safe and what they need from Congress to address this problem.

“We ask that you provide our offices with a detailed briefing as soon as possible outlining the immediate and long-term mitigation strategy to keep military families safe, provide medical treatment for those potentially or previously affected, make long-lasting repairs, and finally, provide legislative proposals or guidance on legislation needed to hold maintenance contractors accountable,” the Senators concluded.

The full text of the letter can be found here and below.

Dear Secretary Esper,

We write to you today concerned about recent reports of lead poisoning at a number of Army installations. The health and safety of our servicemembers and their families are of the utmost importance.

A recent Reuters report highlighted cases of lead poisoning at on-base housing at Fort Benning, Georgia; Fort Polk, Louisiana; Fort Hood and Fort Bliss, Texas; and Fort Knox, Kentucky. This follows a 2015 DoD inspector general report that found significant lead paint hazards at Ft. Belvoir in Virginia. At Fort Benning, Reuters conducted tests at five homes using methodology designed with a Columbia University geochemist. All five homes contained hazardous levels of deteriorating lead paint with one home far exceeding the federal threshold. Fort Knox contained levels 100 times the federal threshold. According to Reuters, records from Brooks Army Medical Center in Texas show that from 2011 to 2016 more than 1,050 small children on bases nationwide tested positive for traces of lead higher than the Centers of Disease Control’s elevated threshold. The report also raises concerns that the Army has discouraged certified testing to identify deteriorating lead paint in base homes and that base hospitals have not properly reported incidents of children with high lead tests to state health departments.

As the report points out, these on-base homes, managed and operated largely through private partnerships, are putting families and children at risk. We ask that you provide our offices with a detailed briefing as soon as possible outlining the immediate and long-term mitigation strategy to keep military families safe, provide medical treatment for those potentially or previously affected, make long-lasting repairs, and finally, provide legislative proposals or guidance on legislation needed to hold maintenance contractors accountable.

Sincerely,

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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner and Tim Kaine praised Marine Hydraulics International, Inc. in Norfolk for receiving $505,617 in federal funding to purchase rolling stock, forklifts, quay wall, and support operations.

“We are pleased that with this federal funding Marine Hydraulics will be able to purchase new equipment that can support their day-to-day operations and help the world’s largest naval station right here in Norfolk maintain the world-class fleet that keeps our country safe,” the Senators said.

The funding was awarded through the U.S. Department of Transportation’s Maritime Administration (MARAD)’s Small Shipyard Grant Program. This grant program helps support shipyards as they modernize operations, invest in emerging technologies, and improve efficiency. In a letter to the Senate Committee on Appropriations, Warner and Kaine called for strong funding to support the Small Shipyard Grant Program.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) issued the following statement to mark the one-year anniversary of the deadly rally in Charlottesville, Va. on August 11-12, 2017 that claimed the lives of Heather Heyer, Lt. Jay Cullen, and Trooper-Pilot Berke Bates:

“Today we remember the lives lost following the deadly rally that occurred a year ago in Charlottesville, when a group of white nationalists came to a peaceful Virginia town seeking to use hate and division to incite violence against fair-minded, innocent civilians. Their words and their actions betrayed President Lincoln’s appeal to ‘the better angels of our nature,’ forcing us to confront some of the demons that still plague our society today. These purveyors of hate and bigotry were emboldened to take their message public by a President who has refused to categorically and unequivocally condemn their message and actions in clear terms.

“Let us take a moment today to celebrate and honor the lives of Heather Heyer, Lt. Jay Cullen, and Trooper-Pilot Berke Bates. As we honor their memories, we must also continue to heal the racial wounds of our past. We must show that what sets us apart as citizens of this country are our values of respect, openness, and tolerance towards one another. Without that, we cannot fulfill the promise of a more perfect union.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after Congress approved the conference report to accompany the Fiscal Year 2019 National Defense Authorization Act (NDAA):

“As our foreign adversaries continue to challenge our military and cyber readiness, today’s bipartisan legislation authorizes necessary resources, provides policy direction to bolster our nation’s defenses, and supports several important initiatives that are critical to Virginia’s defense industry.

“I have long advocated for Congress to address the outdated security clearance process and the 700,000-person investigation backlog that undermines our ability to maintain a skilled workforce equipped to access the nation’s secrets. That is why I’m proud that this defense bill includes needed changes to help modernize and streamline the outdated security clearance process.

“I also support numerous provisions included in the legislation that will push the Administration to establish a proactive cyber defense strategy as part of our national security posture. After the unprecedented attack on our elections in 2016, we must bolster our cyber defenses and deter our adversaries from attacking us. Part of that strategy must also include developing a skilled cyber workforce. That is why I’m proud that the bill includes my cyber scholarship amendment to help attract a diverse pool of candidates to strengthen our cyber readiness.

“This defense bill provides important support for our men and women in uniform and authorizes a 2.6 percent pay raise for servicemembers. The legislation also authorizes $7.14 billion for two new Virginia-class submarines and $1.59 billion for a Ford-class carrier, all of which are essential to maintaining our nation’s security and support thousands of Virginia jobs. In addition, the legislation authorizes more than $174 million for 12 military construction projects across the Commonwealth.

“However, I remain extremely frustrated that this compromise bill did not include our bipartisan amendment to reinstate the ban on Chinese telecommunications company ZTE, which had passed the Senate 85-10. ZTE was prohibited from buying U.S. parts in response to numerous violations of U.S. export controls and sanctions laws. As a state-backed enterprise that is ultimately loyal to the Chinese Communist Party and Chinese government, it poses a clear threat to the national security, people, and economy of the United States. When Congress returns to Washington, I will be working with my colleagues on a new legislative path forward to protect our national security and restore the ban on ZTE.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement today after Facebook announced that it removed 32 Pages and accounts from Facebook and Instagram that showed connections to and activity consistent with previous Russian disinformation efforts:

“Today’s disclosure is further evidence that the Kremlin continues to exploit platforms like Facebook to sow division and spread disinformation, and I am glad that Facebook is taking some steps to pinpoint and address this activity. I also expect Facebook, along with other platform companies, will continue to identify Russian troll activity and to work with Congress on updating our laws to better protect our democracy in the future.”

In October, Sen. Warner – along with Sens. Amy Klobuchar (D-MN) and John McCain (R-AZ) – introduced the Honest Ads Act to help prevent foreign interference in elections and improve the transparency of online political advertisements.

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Washington, DC – Senators Sheldon Whitehouse (D-RI) and Dick Durbin (D-IL) led 14 Democratic members of the Senate Judiciary and Intelligence Committees in asking leaders at the Department of Justice to detail the ethical agreements binding the newly confirmed head of the Department’s Criminal Division, Brian Benczkowski. The information would shed light on whether Benczkowski—a nominee noted as uniquely underqualified, who served as an aide to then-Senator Jeff Sessions and on the Trump transition team, and who represented a Russian bank some suspect may have served as a clandestine back channel between Russia and the Trump Organization—has done enough to insulate himself from potentially serious conflicts of interest, including those involving Special Counsel Robert Mueller’s investigation into Russian attacks on the 2016 election.

Joining Whitehouse and Durbin in sending the letter to Deputy Attorney General Rod Rosenstein and Assistant Attorney General for Administration Lee Lofthus are Judiciary Committee Ranking Member Dianne Feinstein (D-CA), Intelligence Committee Vice Chairman Mark Warner (D-VA), and Senators Patrick Leahy (D-VT), Amy Klobuchar (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Cory Booker (D-NJ), Kamala Harris (D-CA), Ron Wyden (D-OR), Martin Heinrich (D-NM), and Jack Reed (D-RI).

Among the senators’ concerns is the potential for Benczkowski, now privy to details of a broad array of Justice Department investigations and prosecutions, to access information on the Special Counsel investigation. They also raise Benczkowski’s commitment to recuse himself from matters related to the Russian bank linked to the Trump Organization, Alfa Bank—a recusal that does not encompass the bank’s parent company, Alfa Group Consortium. Events of the past week illustrate several of the issues with Benczkowski’s past employment and current position, the senators point out, suggesting the only remedy is a blanket recusal.

“Without recusal,” the senators write, “there is a risk that Mr. Benczkowski would have oversight of investigative steps such as the Special Counsel’s recent request for use immunity for five witnesses in the SCO’s prosecution of Paul Manafort. Likewise, last Tuesday, the Department indicted a Russian national, Mariia Butina, for acting and conspiring to act as an agent of a foreign government. . . . Mr. Benczkowski’s involvement in these actions could, at a minimum, create the appearance of a conflict or undue influence over these decisions.”

The senators continue, “Given Mr. Benczkowski’s prior relationship with the Attorney General and his representation of Alfa Bank—particularly in connection to the Steele Dossier—we believe Mr. Benczkowski should be recused from all aspects of the Special Counsel investigation, as well as from all matters related to the Alfa Group Consortium and its principals. A categorical recusal is the only way for the Department to ensure public confidence in those and any associated investigations.”

The Criminal Division is responsible for overseeing a stable of over 700 criminal attorneys charged with overseeing and prosecuting high-profile federal cases nationwide. Benczkowski has no prosecutorial experience and has spent virtually no time in a courtroom.

Full text of the senators’ letter is below. A PDF version is available here.

July 24, 2018

The Honorable Rod J. Rosenstein

Deputy Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, D.C. 20530-0001

The Honorable Lee J. Lofthus

Assistant Attorney General for Administration

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, D.C. 20530-0001

Dear Deputy Attorney General Rosenstein and Assistant Attorney General Lofthus:

On Wednesday, July 11, 2018, the Senate confirmed Brian Benczkowski to be Assistant Attorney General (AAG) of the Criminal Division of the Department of Justice (“Department”). Today, we write for further information concerning Mr. Benczkowski’s ethics agreement with the Department, the scope of his recusals, any waivers he has been granted, and any other information relevant to the Department’s review of Mr. Benczkowski’s prior work at it relates to his compliance with the Ethics in Government Act, associated regulations, Department policy, and the Trump Ethics Pledge, Executive Order 13770.

The context of Mr. Benczkowski’s selection to lead the Criminal Division raises concerns that must be addressed in your review. With no prosecutorial experience and barely any time in a courtroom of any sort, Mr. Benczkowski appears to have been nominated at least in part as a result of his prior, political relationship with Attorney General Sessions. With the Attorney General recused from the Department’s Russia investigation, President Trump repeatedly violating rules and norms designed to protect the independence of that investigation, and House Republicans engaged in an active campaign to discredit the Department and FBI and make confidential investigative materials public, the Department and its ethics officials should take the utmost precautions to prevent any backchannel, unauthorized disclosures of the Special Counsel’s work.

The issues with Mr. Benczkowski extend to his experience, as well as his lack of experience. During the course of his confirmation proceedings, it came to light that as a lawyer in private practice, Mr. Benczkowski recently represented the Russian Alfa Bank in connection with allegations that its servers had maintained a clandestine back channel to the Trump Organization. Mr. Benczkowski’s representation of Alfa Bank also included a review of the so-called “Steele dossier,” the private intelligence report by Christopher Steele that bears on issues central to the ongoing Special Counsel investigation into Russian election interference and related matters.

Before his confirmation, Mr. Benczkowski committed to recuse himself, if confirmed as AAG, from all matters related to Alfa Bank.[1] He did not, however, commit to recuse himself from all matters related to the Alfa Group Consortium, the parent company of Alfa Bank, or individuals related to that entity. He also did not commit to recuse himself from the Special Counsel’s investigation into Russian election interference. Three individuals with ownership interests in Alfa Group Consortium—Mikhail Fridman, Pyotr Aven, and German Khan—have been identified to Congress by the United States Department of Treasury as among “senior foreign officials and oligarchs in the Russian Federation, as determined by their closeness to the Russian regime and their net worth.”[2] A son-in-law of Mr. Khan, Alex Van der Zwaan, pleaded guilty to lying to federal investigators.[3]

With respect to those matters, Mr. Benczkowski told the Senate Judiciary Committee:

Because I do not know the scope of [the Department’s investigation into Russian interference with the 2016 election or Special Counsel Mueller’s investigation], I cannot commit to such a recusal at this time. If I am confirmed and a matter comes before me in the Criminal Division where I believe recusal might be warranted, I will review the facts, consult with career ethics officials at the Department, and make a decision as warranted by the law and the facts.[4]

In prior correspondence with the Senate, the Department has confirmed that the Special Counsel’s Office (SCO) may need to “seek approvals from the Criminal Division as required by statute, regulation, or policy[.]”[5] The Department has also committed that “if Mr. Benczkowski is confirmed as AAG, the Department will require his consultation with appropriate ethics experts within the Department prior to his participation in or supervision of the SCO’s interaction with the Criminal Division.”[6]

The significance of these determinations was underscored by two steps taken by the Department just last week. For example, without recusal, there is a risk that Mr. Benczkowski would have oversight of investigative steps such as the Special Counsel’s recent request for use immunity for five witnesses in the SCO’s prosecution of Paul Manafort. Likewise, last Tuesday, the Department indicted a Russian national, Mariia Butina, for acting and conspiring to act as an agent of a foreign government. The indictment was handed down by a grand jury in the United States District Court for the District of Columbia and signed by the District’s United States Attorney, Jessie Liu. Mr. Benczkowski’s involvement in these actions could, at a minimum, create the appearance of a conflict or undue influence over these decisions.

Given Mr. Benczkowski’s prior relationship with the Attorney General and his representation of Alfa Bank—particularly in connection to the Steele Dossier—we believe Mr. Benczkowski should be recused from all aspects of the Special Counsel investigation, as well as from all matters related to the Alfa Group Consortium and its principals. A categorical recusal is the only way for the Department to ensure public confidence in those and any associated investigations. To further understand the Department’s position and decisions related to Mr. Benczkowski’s conflicts of interest, we request that you provide the following documentation and, as applicable, address the following questions:

All ethics agreements, recusals, waivers, or other documentation pertaining to the scope of Mr. Benczkowski’s duties at the Department.
All counseling notes, emails, and any other communication between Mr. Benczkowski, the Department’s Ethics Office, and the Office of Government Ethics.
A copy of Mr. Benczkowski’s signed “Ethics Pledge.”
If Mr. Benczkowski has not been recused from all matters related to the Alfa Group Consortium, please explain why.
If Mr. Benczkowski has not been recused from all matters related to Mikhail Fridman, Pyotr Aven, and/or German Khan, please explain why.
What was Mr. Benczkowski’s involvement, if any, in the Department’s request for use immunity for five witnesses in the SCO’s prosecution of Paul Manafort, and in the Department’s decision to charge Mariia Butina?
If Mr. Benczkowski has not been recused from all matters related to the Special Counsel’s investigation into Russian interference in the 2016 election, or related investigations and prosecutions conducted by the Department or United States Attorneys’ offices, please explain why.

In Mr. Lofthus’s February 26, 2018, letter to Office of Government Ethics Acting Director David Apol, he stated that Mr. Benczkowski would meet with ethics officials during his first week of service and complete document compliance with his ethics agreement within 90 days of service. The critical importance and pendency of matters before the Department demand assurances that Mr. Benczkowski will have no role, consultative or otherwise, in them until his ethics arrangements are complete. Accordingly, we request a response to this letter no later than July 31, 2018.

###

[1] See Response from Brian Benczkowski to Question for the Record #2 from Senator Sheldon Whitehouse, August 1, 2017 (“I have decided to recuse myself from any matter involving Alfa Bank for the duration of my service as the Assistant Attorney General for the Criminal Division, if I am confirmed.”).

[2] Report to Congress Pursuant to Section 241 of the Countering America’s Adversaries Through Sanctions Act of 2017 Regarding Senior Foreign Political Figures and Oligarchs in the Russian Federation and Russian Parastatal Entities, January 29, 2018.

[3] The Special Counsel referenced Mr. Khan in his sentencing memorandum for Mr. Van der Zwaan: “Van der Zwaan is a person of ample financial means—both personally and through his father-in-law, a prominent Russian oligarch, who has paid substantial sums to the defendant and his wife. He can pay any fine imposed.” Government’s Sentencing Memorandum, Crim. No. 18-31 (D.D.C) filed Mar. 27, 2018.

[4] Response from Brian Benczkowski to Question for the Record #3 from Senator Sheldon Whitehouse, August 1, 2017.

[5] Letter from Hon. Stephen Boyd to Senator Sheldon Whitehouse, Dec. 11, 2017.

[6] Id.

WASHINGTON – Today U.S. Senators Chris Van Hollen (D-Md.) and Marco Rubio (R-Fla.) announced new cosponsors of bipartisan Defending Elections from Threats by Establishing Redlines (DETER) Act: Senators Mark R. Warner (D-Va.), Cory Gardner (R-Colo.), Tammy Baldwin (D-Wis.), Lindsey Graham (R-S.C.), Chris Coons (D-Del.), Ben Sasse (R-Neb), Maria Cantwell (D-Wash.), and Charles Grassley (R-Iowa).

The legislation sends a powerful message to Russia and any other foreign actor seeking to disrupt our elections: if you attack American candidates, campaigns, or voting infrastructure, you will face severe consequences. The DETER Act uses the threat of powerful sanctions to dissuade hostile foreign powers from meddling in our elections by ensuring that they know well in advance that the costs will outweigh the benefits.

“In the face of unequivocal evidence that Russia worked to undermine our elections in 2016 and continued aggression from the Kremlin just four months until our next federal elections, we must take action,” said Senator Van Hollen. “The DETER Act would send a clear signal that attacks on our democracy will not be tolerated. We’re proud to announce this new support from our colleagues, and we hope the Senate will take up this bipartisan legislation without delay.”

“The most meaningful measure that we can take right now to protect our democracy is to pass the bipartisan DETER Act, which imposes specific and serious sanctions against foreign countries that meddle in our future elections. We must make sure Putin understands that we will not overlook his hostilities, and he will face punishing consequences if he tries to interfere in our elections again,” said Senator Rubio.

“We have to do everything we can to protect our elections from foreign interference. The 2018 midterm elections are just around the corner, and Director National Intelligence Dan Coats just recently cautioned that the ‘warning lights are blinking red again.’ On the heels of the President’s weak performance in Helsinki, it’s critical that we make clear to Putin that interference in our democratic process will not be tolerated. I thank Senator Van Hollen and Senator Rubio for their leadership on this issue,” said Senate Intelligence Committee Vice Chairman Warner.

“As the U.S. intelligence services have reported, it is an incontrovertible fact that Russia sought to influence the 2016 elections in the United States – a fact that President Putin openly confirmed during the recent U.S.-Russia summit in Helsinki,” Senator Gardner said. “We know Russia will try again, so we must also be forward thinking to prevent this assault on our democracy from ever happening again. As we get closer to our next elections, we should be making it clear to the KGB thug Vladimir Putin, and anyone else who dares meddle in our elections, that this type of behavior will never be tolerated and will be met with severe and immediate consequences.”

“Russia’s interference in our elections cannot be dismissed or ignored. Congress has a responsibility to take action and impose costs on those who would attack American democracy,” said Senator Baldwin. “This bipartisan effort puts country over party, stands up for our democracy and will send a powerful message to bad actors like Putin’s Russia and other adversarial nations that future attacks on our elections will be met with severe consequences.”

“Our Intelligence Community has made it clear that Russia interfered in our 2016 elections and will do so again - unless we take actions to prevent it,” said Senator Coons. “The DETER Act will impose penalties on Russia – or any other adversary – that seeks to undermine our democratic processes and traditions. I commend Senator Rubio and Senator Van Hollen for introducing this bill and I look forward to working with them to pass it into law.”

“Vladimir Putin wants to make the Soviet Union great again and he hates the very stuff that makes America great – our First Amendment freedoms and our free and fair elections,” said Senator Sasse. “Russia is coming back in 2018, 2020, and 2022 to sow chaos and distrust. We cannot fall asleep on the watch. These attacks deserve consequences -- and sanctions send a strong message.

“The conclusion of American intelligence agencies is crystal clear: Russian interference in our elections is a fact. We must take immediate action to protect and secure our elections from future meddling by Russia or anyone else. Deterring foreign enemies from attacking our election systems and other critical infrastructure is just the first step we must take to protect our national security and democratic institutions,” said Senator Cantwell.

Senator Grassley said, “While no vote tallies were changed in the 2016 presidential election, Russian cyberattacks and propaganda efforts undermined confidence in our democratic process. Vladimir Putin would like nothing more than to continue sowing discord and meddling in Western democracies without consequence. Passing this legislation would help improve Americans’ faith in their system of government and send an unmistakable signal to the Kremlin that it’s not worth trying it again.”

BACKGROUND

Reporting Requirements

· The Director of National Intelligence (DNI) must issue to Congress a determination on whether any foreign government has interfered in that election within one month after every federal election.

Actions That Will Elicit Retaliation

· A foreign government, or an agent acting on its behalf, cannot purchase advertisements to influence an election, including online ads.

· A foreign government, or an agent acting on its behalf, cannot use social and traditional media to spread significant amounts of false information to Americans.

· A foreign government, or an agent acting on its behalf, cannot hack and release or modify election and campaign infrastructure, including voter registration databases and campaign emails

· A foreign government, or an agent acting on its behalf, cannot block or otherwise hinder access to elections infrastructure, such as websites providing information on polling locations.

Russia-Specific Sanctions

· If the DNI determines that the Kremlin has once again interfered in an American federal election, the bill mandates a set of severe sanctions that must be implement within ten days of the DNI's determination.

· This includes sanctions on major sectors of the Russian economy, including finance, energy, defense, and metals and mining.

· Every senior Russian political figure or oligarch, identified in the report required by the Countering America's Adversaries Act of 2017, will be blacklisted from entering the United States and will have their assets blocked.

· The Administration is also required to work with the European Union to enlist their support in adopting a sanctions regime to broaden the impact.

Preparing for Other Potential Attacks

· The DNI has identified China, Iran, and North Korea as our other major foreign government cyber threats, and they may also seek to exploit American vulnerabilities in the next election cycle.

· The Administration should present Congress with a plan for preventing interference in our elections for each of these countries, and any other foreign state of significant concern.

###

WASHINGTON— Following President Trump’s meeting and press conference with Vladimir Putin in Helsinki, where he accepted Putin’s election meddling denial, top Senate Democrats sent a letter to President Trump listing a series of questions to clarify what commitments he may have made to Putin during their secretive and lengthy meeting.

U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, Senate Minority Leader Chuck Schumer (D-NY), Democratic Whip Dick Durbin (D-IL), Senate Foreign Relations Ranking Member Bob Menendez (D-NJ), Senate Armed Services Ranking Member Jack Reed (D-RI), and Senate Banking Ranking Member Sherrod Brown (D-OH) signed the letter to President Trump.

“American citizens and the whole world watched the leader of the free world align with an authoritarian leader who orchestrated an attack on our own democracy. President Putin and his government are wasting no time capitalizing on yesterday’s meeting and using it to advance their national interests. We cannot afford to be blindsided or outmaneuvered,” wrote the Senators before listing 13 questions to be answered by the President. “Your cursory description of what was discussed at a two-and-a-half-hour meeting does little to assuage these concerns. To adequately protect America’s interests, we need to know what commitments you may have made to President Putin.”

The Senators also called on the Trump Administration to allow the U.S. Ambassador to Russia and the Secretary of Defense to testify before Congress about the repercussions of the Helsinki summit. Secretary of State Mike Pompeo is already scheduled to appear before the Senate Foreign Relations Committee on Wednesday July 25th.

The text of the letter can be found here and below:

Mr. President:

Yesterday was a stunning day for American democracy. American citizens and the whole world watched the leader of the free world align with an authoritarian leader who orchestrated an attack on our own democracy. In doing so, you turned your back on our own intelligence community, which unanimously agrees that the Russian government carried out attacks intended to disrupt and interfere with our elections and influence public opinion.

We as a nation must now wonder exactly what you discussed and may have promised to President Putin. Congress and the American public have a right to know. President Putin and his government are wasting no time capitalizing on yesterday’s meeting and using it to advance their national interests. We cannot afford to be blindsided or outmaneuvered. Just today the Russian Ministry of Defense publicly stated that it is prepared to start implementing an agreement you apparently struck in Helsinki with President Putin, an agreement that neither Congress nor the American people have been informed about.

Your cursory description of what was discussed at a two-and-a-half-hour meeting does little to assuage these concerns. To adequately protect America’s interests, we need to know what commitments you may have made to President Putin. Specifically:

1. What is the full list of topics you discussed?

2. What were the “suggestions” President Putin made to you?

3. Did you discuss any changes to international security agreements?

4. Did you advocate for the removal to the U.S. of the 12 Russian intelligence officers indicted last Friday?

5. Did you make any commitments regarding the future of the U.S. military presence in Syria?

6. Did you call upon President Putin to uphold Russia’s commitments, agreed to at the Presidential level last year in Da Nang, Vietnam, with respect to the de-escalation zone in southwest Syria, especially the presence of Iran and Iranian-aligned forces?

7. Did you press Russia to return to compliance with the INF treaty and halt its nuclear threats against Europe?

8. Did you discuss relaxing U.S. sanctions on Russia, including CAATSA sanctions? If so, what was said, and what concessions, if any, were made by you and/or President Putin?

9. Did you call upon President Putin to withdraw from Crimea and eastern Ukraine so that both areas are returned to Ukrainian Government control?

10. Did you discuss NATO military exercises scheduled for this fall? Did you agree to roll back or change the nature of those exercises?

11. Did you discuss U.S. security assistance to Ukraine or make any concessions regarding its continuation?

12. Did you raise the issue of political prisoners with President Putin, including that of Oleg Sentsov, the Ukrainian filmmaker who has been detained for 4 years and is on hunger strike?

13. What, if anything, did you commit to?

Mr. President, the answers to these questions are of critical importance to U.S. national security. Answering them in full, without hesitation, will demonstrate that you do still hold America’s interests first. Some of us will press Secretary Pompeo on these issues next week. In addition, we urge you to immediately send the U.S. Ambassador to Russia, an appropriately high-ranking Intelligence Community official, and the Secretary of Defense to testify before Congress and explain how they will continue to advance America’s interests in light of yesterday’s summit.

We look forward to your response.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a member of the Senate Banking and Finance Committees, joined Senate colleagues in urging the Chairmen of the Senate and House Armed Services Committees to include a Senate-passed amendment cosponsored by Sen. Warner that would reinstate penalties against ZTE in their upcoming NDAA FY2019 Conference Report. Earlier this year, intelligence leaders testified before the Senate Intelligence Committee warning that ZTE, Huawei, and other Chinese state-directed telecommunications companies have the capacity for espionage and intellectual property theft, posing clear threats to the national security, people, and economy of the United States. This week, President Trump’s Commerce Department announced an agreement to lift the ban preventing Chinese telecom giant ZTE from doing business with American suppliers.

Additionally, Senators urged the conferees to include the reforms to the Committee on Foreign Investment in the United States (CFIUS), which were a part of the recently passed Senate NDAA bill. These reforms, also known as the Foreign Investment Risk Review Modernization Act (FIRRMA), would ensure that foreign investments in the U.S. do not pose a national security risk.

Sen. Warner, a former technology executive, has long expressed concern that ZTE poses a significant threat to our national security. He recently wrote to the administration urging President Trump to re-consider a deal with the China-based company.

The text of the letter to NDAA conferees can be found here and below:

Dear Chairmen McCain and Thornberry, and Ranking Members Reed and Smith:

We write to express our strong support for measures in the Senate-passed Fiscal Year 2019 National Defense Authorization Act (FY 2019 NDAA) that would reinstate U.S. government penalties against ZTE, a Chinese state-directed telecommunications company, and modernize the Committee on Foreign Investment in the United States (CFIUS). As you begin deliberations over the final version of the FY 2019 NDAA, we request that you include these two measures.

Section 6702: Prohibition on Modification of Civil Penalties under Export Control and Sanctions Laws and Prohibition on Certain Telecommunications Equipment.

We strongly oppose the June 2018 deal with ZTE negotiated by the Commerce Department’s Bureau of Industry and Security (BIS) to lift the seven-year ban against the export of U.S. parts and components to ZTE. BIS imposed this seven-year ban and other penalties against ZTE in April 2018 in response to its numerous violations of U.S. export controls and sanctions laws.

We also note that our nation’s six top intelligence leaders testified before the Senate Intelligence Committee in February 2018 about their concern that ZTE, Huawei, and other Chinese state-directed telecommunications companies are beholden to the Chinese government and Communist Party, which provides the capacity for espionage and intellectual property theft, and therefore poses clear threats to the national security, people, and economy of the United States.

As you prepare the Conference Report, we therefore urge you to retain—and further strengthen—Section 6702 of the Senate-passed FY 2019 NDAA, which would not only reinstate the April 2018 penalties against ZTE and prohibit the modification of any penalties against a Chinese telecommunications firm unless certain conditions are met, but also prohibit the U.S. government from using or procuring equipment from, or entering into a contract with ZTE or Huawei.

Title XVII: Foreign Investment Risk Review Modernization Act of 2018

We also thank you for your work protecting our national security and intellectual property by ensuring that foreign countries are not engaged in illicit behavior when investing in the United States.

As you are aware, the Senate version of the FY 2019 NDAA includes important reforms to the Committee on Foreign Investment in the United States that were part of the Foreign Investment Risk Review Modernization Act (FIRRMA). Those reforms are vital to protecting our national security and preventing intellectual property theft by foreign countries—including the People’s Republic of China.

As you negotiate a conference report for the 2019 NDAA, we urge you to include the Senate-passed CFIUS reforms and ensure that the final language fully addresses our national security and competitiveness concerns. We believe that efforts to weaken the robust protections in the FIRRMA will embolden our adversaries and present threats to our national security.

We thank you for your leadership, and we appreciate your consideration.

Sincerely,

###

Washington, D.C. — Late yesterday, House Democratic Leader Nancy Pelosi (D-CA), U.S. Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Ranking Member Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) sent a letter to Director of National Intelligence Daniel Coats expressing deep concern that classified and highly sensitive documents have been made broadly accessible to all members of the House and Senate Intelligence Committees, rather than a select group of designated Members. As the Democratic Leaders write, Director Coats’s decision to widely release these classified documents could put sources and methods at risk.

In the letter, the Members write: “While we understand the need for congressional oversight, this action - which we understand was taken at your direction - contravenes your representation to us and our colleagues that this information would not be shared outside that group. … All of the meeting's attendees agreed that the information discussed was among the most sensitive type of information and should be protected accordingly. We believe your decision could put sources and methods at risk.”

* * *

The full letter is below:

July 12, 2018

Honorable Daniel Coats

Director

Office of the Director of National Intelligence

Washington, DC 20511

Dear Director Coats:

In recent days, we learned that certain classified documents that were originally made available to a small group of designated members have been made more broadly available to all members of the House and Senate Intelligence Committees. While we understand the need for congressional oversight, this action - which we understand was taken at your direction - contravenes your representation to us and our colleagues that this information would not be shared outside that group.

As you know, during our meetings on this sensitive matter we discussed at great length the importance of protecting sources and methods and ongoing investigations. All of the meeting's attendees agreed that the information discussed was among the most sensitive type of information and should be protected accordingly. We believe your decision could put sources and methods at risk.

Further, we are concerned that your action was in direct contravention of our verbal and written requests (letters on June 5, 2018 and June 27, 2018) to Deputy Attorney General Rosenstein and Federal Bureau of Investigation Director Wray.

This is a matter of serious importance and we believe a follow-on meeting of the Gang of Eight is needed as soon as possible.

Sincerely,

NANCY PELOSI

House Democratic Leader

CHUCK SCHUMER

Senate Democratic Leader

ADAM SCHIFF

Ranking Member, House Intelligence Committee

MARK WARNER

Vice Chairman, Senate Intelligence Committee

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a member of the Senate Banking and Finance committees, issued the below statement regarding the U.S. Department of Commerce’s agreement to lift the ban on Chinese telecom giant ZTE doing business with American suppliers:

“I share the grave concerns of our military and the intelligence community, which are unanimous in their conclusion that ZTE — a state-controlled company with ties to Chinese intelligence — presents an ongoing threat to our national security. I also share many of the concerns the President has voiced in the past about China’s unfair trade practices, which have cheated American workers and permitted Chinese companies to steal the intellectual property of American firms with virtually no consequences.

“This sweetheart deal not only ignores these serious issues, it lets ZTE off the hook for evading sanctions against Iran and North Korea with a slap on the wrist.”

###

WASHINGTON – Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, today sent a letter to Director of National Intelligence (DNI) Dan Coats asking whether assessments by our nation’s Intelligence Community (IC) align with the Trump Administration’s public pronouncements regarding North Korean denuclearization.

On July 8, 2018, following talks with North Korean officials, Secretary of State Mike Pompeo said, “We had detailed, substantive conversations about the next steps toward a fully verified and complete denuclearization… There will be verification connected to the complete denuclearization. That’s what President Trump and Chairman Kim both agreed to.”

A joint statement issued by the President and the North Korean leader on June 12, 2018, similarly stated that “Kim Jong Un reaffirmed his firm and unwavering commitment to complete denuclearization of the Korean Peninsula.”

Additionally, on June 13, 2018, the President declared via tweet that “everybody can now feel much safer than the day I took office. There is no longer a Nuclear Threat [sic] from North Korea.”

In light of those statements, Sen. Warner asked DNI Coats to produce and deliver to the congressional intelligence committees a definitive IC assessment regarding:

The willingness of Kim Jong Un to take concrete measures that would significantly reduce North Korea’s nuclear weapons stockpile or nuclear production capability in a way that would match his supposed commitment to “complete denuclearization”;
The willingness of Kim Jong Un to accept the kind of intrusive inspections that would verifiably demonstrate that North Korea has abandoned and dismantled its nuclear program;
What a complete, verifiable, and irreversible denuclearization process would look like from the IC’s perspective; and
A description of how North Korea’s nuclear and ballistic missile program presents a persistent threat to the United States, U.S. territories, and our allies.

A copy of Sen. Warner’s letter to DNI Coats is available here.

###

WASHINGTON – Ahead of President Trump’s scheduled trip to Europe for a North Atlantic Treaty Organization (NATO) Summit and a meeting with Russian President Vladimir Putin, Sen. Mark R. Warner (D-VA)—Vice Chairman of the Senate Select Committee on Intelligence—and top Senate Democrats laid out expectations for President Trump to stay focused on reaffirming America’s commitment to our longstanding transatlantic NATO allies and against Russian aggression around the world.

In a letter signed by Vice Chairman Warner and Sens. Bob Menendez (D-NJ), Ranking Member of the Senate Foreign Relations Committee; Dick Durbin (D-IL), Senate Democratic Whip; and Jack Reed (D-RI), Ranking Member of the Senate Armed Services Committee, the Senators warned the President not to make any concessions that could further compromise the post-World War II order.

“Clear U.S. leadership is necessary to counter President Putin’s efforts to undermine the NATO alliance and its founding values,” wrote the Senators, citing Russia’s interference in democratic elections, aggressions in Ukraine, occupation of Crimea, and its steadfast support of the Assad regime in Syria. “While there is a place for dialogue between nations on disagreements and common challenges, such as reducing nuclear dangers, we are deeply concerned that your Administration continues to send mixed messages regarding the Russian security threat.”

The Senators also listed critical topics for President Trump to discuss with NATO allies, adding, “it is imperative that you make a strong statement of support for the democratic nations that make up the Alliance and make clear that the United States stands with—not in opposition to—our oldest and closest allies.”

“We stand ready to engage with your Administration, and with our NATO partners, to further the implementation of [CAATSA] and a coherent, coordinated U.S. policy toward Russia that reflects the realities of Russia’s aggression and our nation’s deepest democratic values,” concludes the letter.

A copy of the letter to President Trump can be found here and below.

July 2, 2018

The Honorable Donald J. Trump

President of the United States

The White House

1600 Pennsylvania Avenue, NW

Washington, DC 20500

Dear Mr. President:

We strongly disagree with your past statements praising Russian President Vladimir Putin, in spite of overwhelming evidence from our intelligence community that the Russian government interfered in the 2016 U.S. election, its illegal occupation of Crimea, its support for a war criminal in Syria, as well as its other destabilizing actions against the United States and our allies. If you continue with your plan to meet with President Putin, you must hold him accountable for these actions. During your trip to Europe, we urge you to remember at the North Atlantic Treaty Organization Summit in Brussels that NATO’s collective security principles have served to keep our nation secure and prosperous since the end of the Second World War.

Clear U.S. leadership is necessary to counter President Putin’s efforts to undermine the NATO alliance and its founding values. In the last few years, the Kremlin has conducted a widespread campaign of interference in democratic processes around the globe, including in our own U.S. elections. From its violent aggression in eastern Ukraine, to its illegal occupation of the Ukrainian territory of Crimea, to its support for the brutal regime of Bashar Al-Assad in Syria – there is no evidence that the Government of the Russian Federation has changed or plans to change its behavior. If anything, the Kremlin appears to feel emboldened that it can launch attacks against the U.S. and our NATO allies – in the form of cyber attacks, disinformation, misinformation, and political interference, including the use of chemical agents on UK soil – with impunity.

While there is a place for dialogue between nations on disagreements and common challenges, such as reducing nuclear dangers, we are deeply concerned that your Administration continues to send mixed messages regarding the Russian security threat.

During your meeting with President Putin, we ask that you convey that there will be clear consequences for Russia’s interference in democratic processes in the United States and elsewhere, its support for violence and bloodshed in Ukraine and Syria, and the illegal occupation of Crimea. We strongly urge you to stand steadfast on the U.S. commitment to the mutual defense of our Allies and to the people of Ukraine. Congress will strongly oppose any step to degrade our strong bilateral relationship with Ukraine, including decreasing security assistance. In keeping with the United States’ longstanding support for human rights, we urge you to also raise the plight of prisoners in Russia and areas under Russian control who have been detained simply for peacefully expressing their political views and/or religious beliefs.

We agree with Secretary of State Mike Pompeo’s statement on April 27, 2018 that NATO has been “an essential pillar of American security interests for decades” and that, “In light of Russia’s unacceptable actions, NATO is more indispensable than ever.” In addition to urging NATO allies to meet their commitments to spend 2% of GDP on defense, working to boost NATO rapid mobility and readiness capacities, and addressing cyber threats and other evolving forms of hybrid warfare, it is imperative that you make a strong statement of support for the democratic nations that make up the Alliance and make clear that the United States stands with—not in opposition to—our oldest and closest allies.

The United States’ NATO allies rushed to collectively defend the security and freedom of the United States when—for the first and only time—Article 5 of the NATO treaty was invoked following the September 11, 2001 terror attacks. Brave citizens of our NATO allies have since put their lives on the line alongside U.S. military and civilians, in Afghanistan and elsewhere, to combat terrorism and to tackle a range of security threats, sometimes paying the ultimate sacrifice in the process. This is a legacy that merits renewed efforts by the United States to reinforce the alliance, rather than diminish it.

Secretary Pompeo also said in April that “NATO should not return to business as usual with Russia until Moscow shows a clear change in its actions and complies with international law.” As you know, Congress is virtually unanimous on its concerns over Russia, as demonstrated by the passage of last year’s Countering America’s Adversaries Through Sanctions Act which you signed into law in August 2017. We stand ready to engage with your Administration, and with our NATO partners, to further the implementation of this law and a coherent, coordinated U.S. policy toward Russia that reflects the realities of Russia’s aggression and our nation’s deepest democratic values.

Sincerely,

###

WASHINTON- U.S. Senators Amy Klobuchar (D-MN), Ranking Member of the Senate Rules Committee, and Mark Warner (D-VA), Vice Chairman of the Select Committee on Intelligence, urged the Federal Election Commission (FEC) to implement the strongest possible transparency and accountability requirements for online advertisements in response to the proposed rulemaking. The letter comes as the FEC begins public hearings today on online advertisements.

“During the 2016 election cycle, Russians took advantage of weak online disclaimer and disclosure rules to purchase online political advertisements. As we rapidly approach the 2018 election, intelligence officials have warned that Russia is currently working to disrupt our elections again,” the senators wrote.

“People have a right to know who is behind the information they receive, and in particular who is trying to influence their vote. This necessitates new disclaimer and disclosure requirements for all online advertisements. Primary elections are already upon us and the general election is only 131 days away. Therefore, we encourage you to quickly adopt the strongest possible rule to increase transparency and accountability for online advertisements.”

Klobuchar, Warner and Senator John McCain (R-AZ) are the authors of the bipartisan Honest Ads Act, legislation to help prevent foreign interference in future elections and improve the transparency of online political advertisements. The Honest Ads Act would prevent foreign actors from influencing our elections by ensuring that political ads sold online are covered by the same rules as ads sold on TV, radio, and satellite.

The full text of the letter can be found below:

Dear Commissioners:

As you conduct hearings this week on “Internet Disclaimers and Definition of Public Communication”, we encourage you to issue the strongest possible rule that will increase transparency and accountability for online advertisements.

During the 2016 election cycle, Russians took advantage of weak online disclaimer and disclosure rules to purchase online political advertisements. As part of a wide social media exploitation effort, Russia spent at least $100,000 dollars—in rubles—on Facebook ads to influence the 2016 election. According to Facebook responses to investigations by the Senate Select Committee on Intelligence and Senate Judiciary Committee, Russian disinformation reached more than 126 million Americans online.

As we rapidly approach the 2018 election, intelligence officials have warned that Russia is currently working to disrupt our elections again. As Director of National Intelligence Dan Coats stated earlier this year, “[t]he 2018 U.S. midterm elections are a potential target for Russian influence operations” and Russia will conduct “bolder and more disruptive cyber operations.” Senate Intelligence Committee members determined that foreign actors illegally influenced the 2016 presidential election and that something has to be done to stop this from occurring in the future.

Online platforms dwarf broadcast, satellite, and cable providers. The largest internet platform has over 210 million American users. The largest cable provider only has 22 million subscribers – nearly an order of magnitude greater. That is why we introduced the Honest Ads Act earlier this year. Our legislation would apply the same rules to online political advertisements that already exist for traditional media and require digital advertisers to maintain a public record of political ads purchased. By requiring the same rules across all advertising platforms, we can limit foreign attempts to influence our elections, increase transparency in political advertising, and promote greater accountability.

People have a right to know who is behind the information they receive, and in particular who is trying to influence their vote. This necessitates new disclaimer and disclosure requirements for all online advertisements. Primary elections are already upon us and the general election is only 131 days away. Therefore, we encourage you to quickly adopt the strongest possible rule to increase transparency and accountability for online advertisements.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Marco Rubio (R-FL) sent a letter to President Trump, urging him to re-consider the deal lifting the ZTE ban, and to support the Senate-passed ban on government purchases of ZTE and Huawei equipment. Sen. Warner is the Vice Chairman of the Senate Select Committee on Intelligence and a member of the Finance and Banking committees. Sen. Rubio is a member of Senate Foreign Relations and Intelligence committees.

In the letter to President Trump, the Senators wrote, “The Senate and the U.S. Intelligence Community are in agreement that ZTE poses a significant threat to our national security. The Senate recently voted 85-10 to reimpose the April sanctions order and the ban on ZTE buying U.S. components, and to prohibit the U.S. federal government from purchasing ZTE or Huawei equipment and contracting with any entity that purchases such equipment. We urge you to heed the leaders of the U.S. Intelligence Community, supported by a strong bipartisan consensus in the Senate, that we must pursue policies that prevent the widespread use of ZTE products in the U.S.”

The Senators noted that at a February 13, 2018 hearing in the Intelligence Committee, six of the nation’s top intelligence leaders – the Director of National Intelligence (DNI) and the heads of the Federal Bureau of Investigation (FBI), National Security Agency (NSA), Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), and the National Geospatial-Intelligence Agency (NGA) – testified about the risks posed to U.S. national security by ZTE and Huawei. Additionally, the nation’s top counterintelligence officer, Director of the National Counterintelligence Security Center Bill Evanina, testified at his May 15, 2018, confirmation hearing that Chinese telecom companies such as ZTE and Huawei pose a significant threat to American security.

“As you know, this is not a new threat. Congressionally documented concerns date back to a 2012 House Permanent Select Committee on Intelligence report on the serious counterintelligence concerns associated with ZTE equipment, the ties between the company and government, and the risks to American national security,” the Senators added. “ZTE, though publicly traded, is a state-backed enterprise that is ultimately loyal not to its shareholders, but to the Chinese Communist Party and Chinese government. This patronage relationship poses unacceptable risks to American sovereignty; risks that will only increase if the company is permitted to establish itself deeply in America’s telecommunications infrastructure.”

The full letter is available here and below.

June 26, 2018

The President

The White House

1600 Pennsylvania Avenue, NW

Washington, DC 20500

Dear Mr. President:

We urge you to reconsider your decision to amend the April ZTE sanctions order and lift the ban the Commerce Department imposed this year that prohibited ZTE from buying U.S. components, and we ask for your support for the Senate-passed ban on the government buying ZTE and Huawei equipment. We strongly believe that the April sanctions order—which would have threatened ZTE’s survival—should not be used as a bargaining chip in negotiations with China on unrelated matters.

The Senate and the U.S. Intelligence Community are in agreement that ZTE poses a significant threat to our national security. The Senate recently voted 85-10 to reimpose the April sanctions order and the ban on ZTE buying U.S. components, and to prohibit the U.S. federal government from purchasing ZTE or Huawei equipment and contracting with any entity that purchases such equipment. We urge you to heed the leaders of the U.S. Intelligence Community, supported by a strong bipartisan consensus in the Senate, that we must pursue policies that prevent the widespread use of ZTE products in the U.S.

At the Senate Intelligence Committee’s hearing on February 13, 2018, six top intelligence leaders testified about the risk of ZTE and Huawei to American national security:

· FBI Director Wray stated: “We’re deeply concerned about the risks of allowing any company or entity that is beholden to foreign governments that don’t share our values to gain positions of power inside our telecommunications networks that provides the capacity to exert pressure or control over our telecommunications infrastructure. It provides the capacity to maliciously modify or steal information, and it provides the capacity to conduct undetected espionage.”

· Then-NSA Director Rogers warned: “I would agree with Director Wray’s characterization here. This is a challenge I think that's only going to increase, not lessen, over time for us.” To mayors, county judges, university presidents, and state legislatures, “I would say you need to look long and hard at companies like this.”

· The Director of National Intelligence, and the heads of the CIA, FBI, NSA, DIA, and NGA all indicated they would not use products or services from ZTE or Huawei; nor would they recommend private American citizens do so.

Additionally, the nation’s top counterintelligence officer, Director of the National Counterintelligence Security Center Bill Evanina, testified at his May 15, 2018, confirmation hearing that “the Intelligence Community and law enforcement is clearly on the record, both in the public and in classified settings, with the threat from Chinese telecommunications companies.”

As you know, this is not a new threat. Congressionally documented concerns date back to a 2012 House Permanent Select Committee on Intelligence report on the serious counterintelligence concerns associated with ZTE equipment, the ties between the company and government, and the risks to American national security.

ZTE, though publicly traded, is a state-backed enterprise that is ultimately loyal not to its shareholders, but to the Chinese Communist Party and Chinese government. This patronage relationship poses unacceptable risks to American sovereignty; risks that will only increase if the company is permitted to establish itself deeply in America’s telecommunications infrastructure.

Thank you for your attention to this important matter and for your assistance in ensuring we protect our nation’s future from authoritarian influence.

Sincerely,

Mark R. Warner

United States Senator

Marco Rubio

United States Senator

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of bipartisan legislation to fund federal programs and build new military construction and facilities under the Department of Veteran Affairs (V-A), the Department of Energy (DOE), and the Department of Defense (DoD).

On a bipartisan 86-5 vote, the Senate approved the Fiscal Year 2019 appropriations package that covers funding for energy and water development, military construction and veterans affairs (MilCon-V-A), the legislative branch, and all of their related agencies. The bill will now go to conference where it will be reconciled with a version passed by the House of Representatives.

“Despite President Trump’s relentless attempts to drastically cut support for vital programs, this bipartisan bill fulfills the federal government’s commitment to supporting our nation’s military and veterans,” said the Senators. “It puts a stop to the Administration’s misguided efforts to cut or eliminate outright funding for the Appalachian Regional Commission and gut groundbreaking renewable energy R&D at the Department of Energy. It also funds new infrastructure projects that will help improve transportation networks and military facilities in the Commonwealth, and makes new investments to support the cutting-edge research at J-Lab.”

The following list includes many of the provisions Sens. Warner and Kaine advocated for on behalf of Virginia that were included in the appropriations package:

Appalachian Regional Commission: Following President Trump’s attempts to defund ARC, the bill fully funds this successful federal-state partnership by providing $155 million to continue its efforts to increase employment and economic opportunities for those living in Appalachia, strengthen and maintain the region’s infrastructure, and provide additional educational and workforce opportunities for citizens of Appalachia so that they can compete in a 21^st century global economy.

Military Construction: Provides more than $131 million in new construction throughout the Commonwealth.

Joint Base Langley-Eustis: Funds nearly $23 million on three projects at the base.
Forts A.P. and Belvoir: Receive nearly $18 million to build new training facilities.
Portsmouth Ship Maintenance: Provides $26 million for a ship maintenance shop in Portsmouth, Virginia.

Both Senators advocated for these projects, and more, when the Fiscal Year 2019 National Defense Authorization Act passed the Senate.

Veterans Affairs: Provides $86.4 billion in funding for the V-A, an increase of $5 billion above fiscal year 2018. The bill would increase funding to several Veteran Health Administration priority areas, including $800 million for electronic health record modernization and $8.6 billion to increase mental health services for veterans. It includes $1.9 billion for homelessness programs like the Supportive Services for Veterans and Families program, which provides assistance to homeless veterans; $196 million to hire V-A mental health providers and increase suicide prevention outreach; $78 billion to help provide high-quality and timely health care services to veterans; $174 million to improve the veteran appeals process; and more than doubles FY18 funds to provide $1.8 billion for the construction of new V-A medical facilities.

Jefferson Lab Nuclear Physics Research: Provides $710 million for nuclear physics research within the Department of Energy’s Office of Science in order to fulfill DOE’s Long Range Plan for Nuclear Science. The funds will enable scientists at labs across the country, including at Jefferson National Accelerator Facility in Newport News, VA, to engage in critical research that will maintain U.S. leadership and preeminence in this field.

Hampton Roads Infrastructure:

Army Corps of Engineers Civil Works Projects: Provides $2.3 billion for construction of water infrastructure projects and $3.8 billion for operations and maintenance of existing infrastructure related to harbor maintenance, flood and storm damage control, and aquatic ecosystem restoration. Total funding for the Corps of Engineers is $100 million above the FY2018 enacted level and $2.1 billion above the President’s budget request.
Donor and Energy Transfer Ports: Provides $50 million to ensure that ports like the Port of Virginia receive equitable levels of funding to reinvest in and modernize their infrastructure.
North Landing Bridge: Provides $1.6 million for the Army Corps of Engineers to continue studying the feasibility of replacing the federally-owned North Landing Bridge, which connects Chesapeake, VA, and Virginia Beach, VA. Two years ago, Warner and Kaine were instrumental in securing federal funding to replace a similar Army Corps asset, the Deep Creek Bridge, which was a safety hazard and regional traffic bottleneck.
Norfolk Harbor: Includes $300,000 to conclude the study phase of – and advance to construction – the deepening and widening of navigation channels in Norfolk Harbor and tributaries, which will allow the largest deep-draft container ships to call on the Port of Virginia. This project, in concert with the expansion and new marine terminal at the Craney Island Dredged Material Management Area (CIDMMA), will be a generational investment in the infrastructure and economic competitiveness of the Port of Virginia.

Other Virginia Water Infrastructure:

Hydroelectric Licenses: Extends authorization for hydroelectric projects at John W. Flannagan Dam in Dickenson County, VA, and Gathright Dam in Alleghany County, VA.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), co-chair of the bipartisan Senate India Caucus and Vice Chairman of the Senate Intelligence Committee, led a meeting with U.S. Defense Secretary James Mattis attended by U.S. Senators and Representatives to discuss the future of U.S.-India defense cooperation.

The event, co-hosted by India Caucus co-chair Sen. John Cornyn (R-TX), was held in the U.S. Capitol to discuss the strategic importance of India in the Indo-Pacific region. The Senators stressed the need to enhance bilateral cooperation between the two nations given their shared national security interests, with the goal of increasing security and stability in Asia and globally. Secretary Mattis highlighted the growing nature of U.S.-India defense cooperation, specifically the Department of Defense (DoD) efforts to increase military-to-military cooperation, information-sharing, and defense trade with a major defense partner.

“A closer partnership with India, based on shared national interests and democratic values, should remain a strategic imperative for the United States. This is particularly important as we see the rise of authoritarian regimes around the world,” said Sen. Warner. “The United States should continue to pursue closer defense cooperation with India, increasing technology transfers, defense sales, joint military exercises and increased military cooperation on shared national security missions and priorities.”

Sens. Warner and Cornyn included language in the 2018 National Defense Authorization Act (NDAA) that required DoD to codify the definition of Major Defense Partner and to develop a defense strategy with India. Most recently, both Senators introduced an amendment to the FY19 NDAA that failed which would have supported India’s membership in the Asia-Pacific Economic Cooperation Forum (APEC).

The event preceded Secretary Mattis’ planned meeting in India with the Indian Ministers of Defense & Foreign Affairs on July 6^th.

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