Dec 21 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the below statement after the Director of National Intelligence concluded that Russia and other foreign countries used social media and additional means of influence to target Americans during the 2018 midterm elections:
“As the Director of National Intelligence reminds us, the Russians did not go away after the 2016 election. Now that the Russian playbook is out in the open, we’re going to see more and more adversaries trying to take advantage of the openness of our society to sow division and attempt to manipulate Americans. Congress has to step up and enact some much-needed guardrails on social media, and companies need to work with us so that we can update our laws to better protect against attacks on our democracy.”
WASHINGTON, D.C. – Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released the following statement on the Treasury Department’s announcement that it intends to delist companies owned by Russian oligarch Oleg Deripaska amid restructuring and corporate governance changes:
“Today’s announcement, which comes as a result of negotiated changes to the En+ corporate structure, does not change the fact that Mr. Deripaska, his employees, and his companies work at Vladimir Putin’s behest and operate as de facto representatives of the Russian government - a government that has occupied and intimidated its neighbors, sought to disrupt free and fair elections, violated nuclear treaties, and continued to wage influence campaigns to undermine western democracies, including our own. While the Treasury Department has made great strides in reducing Mr. Deripaska’s ownership state in En+ and making beneficial changes to the corporate governance, this deal will require constant monitoring to ensure that neither Mr. Deripaska nor the Russian government violate the terms of the agreement. The addition of Victor Boyarkin, one of Mr. Deripaska’s key lieutenants, to the sanctions list will help counter some of Russia’s malign influence efforts, and is a welcome step. We will continue monitoring these sanctions’ effects, and to hold accountable those who would violate them.”
WASHINGTON, D.C. – Today, third-party experts released two independent analyses of social media tactics used by Russia’s Internet Research Agency (IRA) in their attempts to influence U.S. political discourse. The reports are the first comprehensive analyses of their kind conducted by entities other than social media companies themselves, and are based in part on data provided by the Senate Select Committee on Intelligence (SSCI).
The reports, titled “The Tactics and Tropes of the Internet Research Agency” and “The IRA and Political Polarization in the United States, 2015-2017,” were authored by New Knowledge, and University of Oxford and Graphika, respectively.
Statement from Committee Chairman Richard Burr (R-NC):
“Increasingly, we’ve seen how social media platforms intended to foster open dialogues can be used by hostile foreign actors seeking to manipulate and subvert public opinion. This newly released data demonstrates how aggressively Russia sought to divide Americans by race, religion and ideology, and how the IRA actively worked to erode trust in our democratic institutions. Most troublingly, it shows that these activities have not stopped. As we work to address these threats, these reports are proof positive that one of the most important things we can do is increase information sharing between the social media companies who can identify disinformation campaigns and the third-party experts who can analyze them.”
Statement from Committee Vice Chairman Mark Warner (D-VA):
“These reports demonstrate the extent to which the Russians exploited the fault lines of our society to divide Americans in an attempt to undermine and manipulate our democracy. These attacks against our country were much more comprehensive, calculating and widespread than previously revealed. This should stand as a wake up call to us all that none of us are immune from this threat, and it is time to get serious in addressing this challenge. That is going to require some much-needed and long-overdue guardrails when it comes to social media. I hope these reports will spur legislative action in the Congress and provide additional clarity to the American public about Russia’s assault on our democracy.”
The third-party reports released today are based in part on data provided by the Committee under its Technical Advisory Group, whose members serve to provide substantive technical and expert advice on topics of importance to ongoing Committee activity and oversight. The findings, interpretations, and conclusions presented within are those of the authors and do not necessarily represent the views of the Senate Intelligence Committee or its Membership.
Separate from the Technical Advisory Group, the Committee is conducting an ongoing investigation into the extent of Russian interference in the 2016 U.S. elections. As part of its investigation, the Committee has held several open hearings on the use of social media by foreign influence campaigns, including recent hearings with third-party experts in August 2018 and social media company officials in September 2018. The Committee will release its own report on social media with its findings as an installment of its investigation.
To read New Knowledge’s report, “The Tactics and Tropes of the Internet Research Agency,” click here.
To read University of Oxford and Graphika’s report, “The IRA and Political Polarization in the United States, 2015-2017,” click here.
WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, introduced legislation to modernize our antiquated security clearance system, reduce the background investigation backlog, and ensure the government has the trusted workforce necessary to perform its national security and public safety missions. Earlier this year, the U.S. Government Accountability Office (GAO) added the government-wide Personnel Security Clearance Process to their High-Risk List of federal areas in need of either broad-based transformation or specific reform to prevent waste, fraud, abuse, and mismanagement.
“The current process for granting security clearances to government personnel and contractors is in dire need of reform,” said Sen. Warner. “In light of new and emerging threats, this bill reflects the changes we need to make to this 70-year-old system to adjust to the increasing availability of data, new technologies, and a more mobile workforce so that we can maintain the pipeline of trusted professionals that the nation requires.”
“PSC and the contractor community owe Vice Chairman Warner thanks for his tenacious and persistent focus on modernizing and streamlining the federal government’s security clearance processes,” said David J. Berteau, president and CEO of the Professional Services Council. “The current backlog and wait times add risk to government missions, contract performance, and the ability of both the government and contractors to recruit and hire the talent we need. Enactment of the Modernizing the Trusted Workforce for the 21st Century Act will reduce these negative impacts while maintaining integrity in the system and better protecting our national security.”
“We deeply appreciate Senator Warner’s leadership on critical security clearance reform. For our members to attract and retain technology talent, we must seriously reduce the clearance cycle time. This is crucial for our ability to serve the nation effectively,” said Bobbie Kilberg, CEO of the Northern Virginia Technology Council.
“While the security clearance backlog is slowly getting smaller, we need urgent steps to ensure the U.S. government and U.S. companies doing critical national security work can recruit, hire, and retain talented individuals to work on classified programs. AIA supports the Modernizing the Trusted Workforce for the 21st Century Act of 2018 as a positive step towards resolving the security clearance backlog and positioning us to employ the workforce essential to ensuring our security into the future," said Eric Fanning, President and CEO of the Aerospace Industries Association.
The Modernizing the Trusted Workforce for the 21st Century Act would:
- Hold the Executive Branch accountable for addressing the immediate crisis of the background investigation backlog and provide a plan for consolidating the National Background Investigation Bureau at the Department of Defense, as the Administration has committed to doing;
- Implement practical reforms so that we can design policies and timelines for clearances that reflect modern circumstances. Reforms must be implemented equally for all departments, and for personnel requiring a clearance, whether they are employed by the government or industry;
- Strengthen oversight of the personnel vetting apparatus by codifying the Director of National Intelligence’s responsibilities as the Security Executive Agent; and
- Promote innovation, including by analyzing how a determination of trust clearance can be tied to a person, not to an agency’s sponsorship. The bill draws on provisions that were contained in the Intelligence Authorization Act unanimously reported out of the Senate Select Committee on Intelligence in June 2018.
Sen. Warner has been a strong voice on security clearance reform, urging the White House to prioritize reforms to the clearance process. The Intelligence Authorization Act that was unanimously by the Senate Intelligence Committee earlier this year contains similar provisions found in this bill.
Dec 06 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the below statement following the Canadian government’s arrest of Meng Wanzhou, the chief financial officer of Huawei:
“There is ample evidence to suggest that no major Chinese company is independent of the Chinese government and Communist Party – and Huawei, which China’s government and military tout as a ‘national champion,’ is no exception. It has been clear for some time that Huawei, like ZTE, poses a threat to our national security. Now we know that Huawei, like ZTE, has violated U.S. sanctions law. It's my hope that the Trump Administration will hold Huawei fully accountable for breaking sanctions law, as it failed to do in the case of ZTE.
“This is a reminder that we need to take seriously the risks of doing business with companies like Huawei and allowing them access to our markets. I continue to strongly urge our close ally Canada to reconsider Huawei’s inclusion in any aspect of its 5G infrastructure.”
Sen. Warner, a former telecommunications executive and entrepreneur, has long expressed concerns about the risks to our national security posed by Chinese-controlled telecom companies.
On October 12, 2018, Sen. Warner and Sen. Marco Rubio (R-FL) sent a letter to Canadian Prime Minister Justin Trudeau urging his country to reconsider Huawei’s inclusion in any aspect of Canada’s 5G development, introduction, and maintenance.
In September, Sen. Warner joined several colleagues to introduce the ZTE Enforcement Review and Oversight (ZERO) Act. The bipartisan bill would enforce full compliance by ZTE—a Chinese state-directed telecommunications firm that repeatedly violated U.S. laws – with all probationary conditions outlined in a Commerce Department deal with the company that lifted a denial order banning the export of U.S. parts and components.
Dec 03 2018
WASHINGTON – In a letter to President Donald Trump, Senators Bob Menendez (D-N.J.), Ranking Member of the Senate Foreign Relations Committee, Jack Reed (D-R.I.), Ranking member of the Senate Armed Services Committee, and Mark Warner (D-Va.), Vice Chairman of the Senate Select Committee on Intelligence, expressed their serious concerns regarding the Administration’s expressed intention to pull the United States out of the Intermediate-range Nuclear Forces (INF) treaty.
“While we understand the challenges of getting Russia to reverse its violation of the INF Treaty, the Administration’s sudden decision to withdraw unilaterally is a political and geostrategic gift to Russia,” wrote the Senators. “It takes the focus away from Russia’s transgressions and malign behavior and instead feeds a narrative that the United States is willing to shred our commitments unilaterally without any strategic alternative. Additionally, it allows Russia to expand the production and deployment of its intermediate range missile system, the 9M729, which will further menace Europe.
The senators’ letter comes on the heels of a scheduled NATO Foreign Ministerial later this week, which presents the Trump administration with an opportunity to consult with European allies on the INF treaty and show the United States will not take unilateral steps to the detriment of European security and stability.
“Moving forward, before taking steps to withdraw or suspend participation in the INF Treaty, we urge you and your administration to engage with Congress on the implications of this step for strategic stability and our relations with European and Asian allies,”concluded the Senators.
A copy of the letter can be found HERE and below.
The Honorable Donald J. Trump
President of the United States of America
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Dear Mr. President:
We write to you to express our serious concerns regarding your announced intention to pull the United States out of the Intermediate-range Nuclear Forces (INF) Treaty.
Withdrawal from the INF Treaty, which has been a cornerstone of the European security architecture for over thirty years, was announced without any notice or consultations with the Senate, much less a path toward Senate advice and consent to the withdrawal. This was despite multiple opportunities to explain the rationale for this decision, including a Senate Foreign Relations Committee hearing on arms control and Russia held only a few weeks prior to your announcement. In that hearing, senior officials from the Department of State and the Department of Defense provided no indication that a decision to withdraw was even imminent, nor that U.S. forces envisioned any military operational benefit from near-term withdrawal.
We are concerned about Russia’s ongoing violation of the INF Treaty, and believe Russia must return to compliance and fulfil its obligations. While we understand the challenges of getting Russia to reverse its violation of the INF Treaty, the Administration’s sudden decision to withdraw unilaterally is a political and geostrategic gift to Russia. It takes the focus away from Russia’s transgressions and malign behavior and instead feeds a narrative that the United States is willing to shred our commitments unilaterally without any strategic alternative. Additionally, it allows Russia to expand the production and deployment of its intermediate range missile system, the 9M729, which will further menace Europe.
The United States withdrawal from the INF Treaty also threatens to exacerbate tension in relationships with our European allies, particularly those in NATO. This decision, taken without coordination with foreign partners, once again shows an eagerness to take unnecessary unilateral actions over the objections of our closest allies to the serious detriment of European security and stability. A spokesperson for EU High Representative Federica Mogherini condemned the U.S. withdrawal from INF noting “the world doesn’t need a new arms race that would benefit no one and on the contrary would bring even more instability.” Other leaders from major European allies echoed these sentiments, expressing deep concern that in withdrawing from the INF Treaty the United States was moving toward an unconstrained nuclear arms race with Russia.
Given the lack of strategic forethought and planning apparent in the hasty decision to withdraw from the INF Treaty, we believe it is important for the U.S. government to re-emphasize the integral nature of effective arms control as a part of nuclear deterrence and strategic stability. In fact, our nuclear defense planning and modernization programs are contingent on the arms control architecture the United States has diligently built over many decades. The decision to withdraw from the INF Treaty suggests that you may take a similarly dangerous approach and renege on other key arms control agreements, such as New START, which would only serve to diminish international security further and potentially necessitate vast increases in nuclear spending. We do not believe that the degradation of our arms control agreements that have provided strategic stability for decades serves U.S. security interests or those of our allies and partners.
Moving forward, before taking steps to withdraw or suspend participation in the INF Treaty, we urge you and your administration to engage with Congress on the implications of this step for strategic stability and our relations with European and Asian allies. We also ask you to consider once again the importance of arms control within the context of U.S. and international security.
WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement on Trump Lawyer Michael Cohen's guilty plea on charges of lying to the Intelligence Committee and other Congressional investigators about his involvement in the Trump Tower Moscow project during the 2016 election:
“This is yet another example of the President's closest allies lying about their contacts with Russia. With each indictment and each guilty plea, we learn more about the President’s connections to Russia in the midst of Russia’s efforts to interfere in the 2016 election. Special Counsel Mueller's investigation must continue — free from political interference by the President — until the truth is out, and Congress should pass legislation immediately to make sure that happens.”
Top Senate & House Democrats Press DOJ’s Chief Ethics Official On Whether He Has Advised Whitaker to Recuse Himself from Overseeing the Investigation
Nov 12 2018
Washington, DC – Top Senate and House Democrats today released a new letter to the Department of Justice’s Chief Ethics Official, Assistant Attorney General Lee J. Lofthus, in which they outline the number of serious ethical considerations that should preclude any involvement by President Trump’s handpicked Acting Attorney General Matthew Whitaker with the Special Counsel Mueller’s investigation, and that require Mr. Whitaker’s immediate recusal. In the letter, the Democrats also request that the Department of Justice’s chief ethics officer immediately notify them whether he has advised Mr. Whitaker to recuse himself from supervision of the special counsel’s investigation.
The letter, signed by Senate Democratic Leader Chuck Schumer, House Democratic Leader Nancy Pelosi, Senate Judiciary Committee Ranking Member Dianne Feinstein, House Judiciary Committee Ranking Member Jerrold Nadler, Senate Select Committee on Intelligence Vice Chairman Mark Warner, House Permanent Select Committee on Intelligence Ranking Member Adam Schiff and House Committee on Oversight and Government Reform Ranking Member Elijah Cummings, includes a number of examples of Mr. Whitaker’s many conflicts of interest and hostile statements toward Special Counsel Mueller’s investigation. These include Mr. Whitaker’s televised statement suggesting that the investigation be defunded or subjected to strict limitations on its scope, a published online opinion piece referring to the investigation as a witch hunt, and a statement in which he pre-judged the outcome of the investigation.
The full text of the Democrats’ letter can be found here and below:
November 11, 2018
The Honorable Lee J. Lofthus
Assistant Attorney General for Administration
and Designated Agency Ethics Officer
Department of Justice
950 Pennsylvania Avenue, NW.
Washington, DC 20530
Dear Assistant Attorney General Lofthus:
We are writing to you in your capacity as the Justice Department’s Designated Agency Ethics Official regarding the supervision of Special Counsel Robert Mueller by Mr. Mark Whitaker, the newly appointed Acting Attorney General. There are serious ethical considerations that require Mr. Whitaker’s immediate recusal from any involvement with the Special Counsel investigation of the Russian government’s efforts to interfere in the 2016 presidential election.
Mr. Whitaker has a history of hostile statements toward Special Counsel Mueller’s investigation, including televised statements suggesting that the investigation be defunded or subjected to strict limitations on its scope. On June 9, 2017—not even a month after the Special Counsel was appointed—Mr. Whitaker stated on a radio show: “There is no criminal obstruction of justice charge to be had here. The evidence is weak. No reasonable prosecutor would bring a case.”
On July 26, 2017, Mr. Whitaker stated that he “could see a scenario where Jeff Sessions is replaced with a recess appointment and that attorney general doesn't fire Bob Mueller but he just reduces his budget so low that his investigations grinds to almost a halt.” Mr. Whitaker has also made reference to the Special Counsel investigation as “a mere witch hunt” and published an opinion article entitled “Mueller’s Investigation of Trump Is Going Too Far” in which he argued that Deputy Attorney General Rod Rosenstein should place limits on the scope of the investigation. He has even claimed publicly that “[t]he left is trying to sow this theory that essentially Russians interfered with the U.S. election. Which has been proven false. They did not have any impact in the election that is very clear from the Obama Administration.” This statement demonstrates plainly that Mr. Whitaker has pre-judged the outcome of the Special Counsel investigation.
In addition to his public criticism of the Special Counsel investigation, Mr. Whitaker appears to have troubling conflicts of interest that may also require his recusal from the investigation. In 2014, Mr. Whitaker served as chairman of the campaign of Sam Clovis to be Iowa State Treasurer, and Mr. Whitaker and Mr. Clovis have reportedly remained in close contact. Mr. Clovis served as a national co-chairman of the Trump presidential campaign, and in that capacity supervised George Papadopoulos, the Trump foreign policy advisor who sought to set up a meeting between Vladimir Putin and Donald Trump during the 2016 campaign, and who has pleaded guilty to making false statements to the FBI regarding his contacts with agents of the Russian government. As you know, following advice from career Department ethics officials, Attorney General Sessions recused from the Special Counsel investigation given his senior role on the Trump campaign and a series of undisclosed contacts with Russian government officials.
The official supervising the Special Counsel investigation must be – in both fact and appearance – independent and impartial. Regrettably, Mr. Whitaker’s statements indicate a clear bias against the investigation that would cause a reasonable person to question his impartiality. Allowing a vocal opponent of the investigation to oversee it will severely undermine public confidence in the Justice Department’s work on this critically important matter. Mr. Whitaker’s relationship with Mr. Clovis, who is a grand jury witness in the Special Counsel investigation, as well as Mr. Whitaker’s other entanglements, raise additional concerns about his ability to supervise the investigation independently and impartially.
For these reasons, we request that you immediately notify us in writing regarding whether you, or any other ethics officials at the Justice Department, have advised Mr. Whitaker to recuse from supervision of the Special Counsel investigation, and the basis for that recommendation. We also request that you provide us all ethics guidance the Department has provided to Mr. Whitaker to date.
Charles E. Schumer
U.S. House of Representatives
Committee on the Judiciary
Committee on the Judiciary
U.S. House of Representatives
Mark R. Warner
Select Committee on Intelligence
Adam B. Schiff
Permanent Select Committee on Intelligence
U.S. House of Representatives
Committee on Oversight &
U.S. House of Representatives
 CNN Tonight, CNN (July 26, 2017) (online at http://transcripts.cnn.com/TRANSCRIPTS/1707/26/cnnt.01.html).
 Matthew Whitaker, Mueller’s Investigation of Trump Is Going Too Far, CNN (Aug. 6, 2017) (online at www.cnn.com/2017/08/06/opinions/rosenstein-should-curb-mueller-whittaker-opinion/index.html).
 See, e.g., Whitaker’s Friendship with Trump Aide Reignites Recusal Debate, Reuters (Nov. 8, 2018) (online at www.reuters.com/article/us-usa-trump-whitaker/whitakers-friendship-with-trump-aide-reignites-recusal-debate-idUSKCN1ND2SN).
 Attorney General Sessions Statement on Recusal, Department of Justice (Mar. 2, 2017) (online at www.justice.gov/opa/pr/attorney-general-sessions-statement-recusal).
Nov 07 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement on the resignation of Attorney General Jeff Sessions:
“No one is above the law and any effort to interfere with the Special Counsel’s investigation would be a gross abuse of power by the President. While the President may have the authority to replace the Attorney General, this must not be the first step in an attempt to impede, obstruct or end the Mueller investigation.
“Senators from both parties have repeatedly affirmed their support for Special Counsel Robert Mueller’s investigation. Every one of them should speak out now and deliver a clear message to the President that the Special Counsel’s investigation must continue without interference.”
Oct 19 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement after the Department of Justice (DOJ) charged Elena Khusyaynova, a Russian national, with interfering in the upcoming midterm elections:
“This new indictment by the Justice Department demonstrates the serious nature of these ongoing attacks on our democratic process. I commend the career officials at DOJ who continue to work tirelessly to stop foreign actors from sowing division and spreading distrust in our political system. This is why the Senate Intelligence Committee's investigation has been focused on some of the dangers posed on social media platforms.
“But the threat is not over. As the criminal complaints notes, these attacks continue to this day. It is critical for Congress to step up and immediately act to employ much-needed guardrails on social media. And as I've said before, these companies need to work with Congress so we can update our laws to better protect against attacks on our democratic institutions.”
WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and U.S. Sen. Marco Rubio (R-FL), a member of the Committee, urged Canadian Prime Minister Justin Trudeau to reconsider Huawei’s inclusion in any aspect of Canada’s 5G development, introduction, and maintenance. A letter from the two Senators to the Prime Minister follows comments made by Head-Designee of the Canadian Center for Cyber Security Scott Jones regarding Huawei.
The entry of Chinese state-directed telecommunications companies like Huawei into the Canadian market could seriously jeopardize the relationship between U.S. and Canadian carriers, depriving North American operators of the scale needed to rapidly build out 5G networks.
The full text of the letter is below. A copy of the signed letter is available here.
Dear Prime Minister Trudeau:
We write with grave concerns about the possibility that Canada might include Huawei Technologies or any other Chinese state-directed telecommunications company in its fifth-generation (5G) telecommunications network infrastructure. As you are aware, Huawei is not a normal private-sector company. There is ample evidence to suggest that no major Chinese company is independent of the Chinese government and Communist Party—and Huawei, which China’s government and military tout as a “national champion,” is no exception.
Based on what we know about Chinese state-directed telecommunications companies, it was troubling to learn that on September 20, 2018, the new Head-Designee of the Canadian Center for Cyber Security Scott Jones told the House of Commons Standing Committee on Public Safety and National Security that banning Huawei is not needed, in response to a question about why Canada has not come out against Huawei as other Five Eyes allies have. Specifically, he claimed that Canada has “a very advanced relationship with our telecommunications providers, something that is different from most other countries,” adding, “We have a program that is very deep in terms of working on increasing that broader resilience piece especially as we are looking at the next-generation telecommunications networks.”
In contrast to Mr. Scott’s comments, however, three former senior Canadian national security officials warned earlier this year against the inclusion of Huawei in Canada’s 5G network. One of them—Mr. Ward Elcock, former Deputy Minister of National Defence—told the Globe and Mail on March 18, 2018, “I have a pretty good idea of how signal-intelligence agencies work and the rules under which they work and their various operations,” concluding that, “I would not want to see Huawei equipment being incorporated into a 5G network in Canada.”
While Canada has strong telecommunications security safeguards in place, we have serious concerns that such safeguards are inadequate given what the United States and other allies know about Huawei. Indeed, we are concerned about the impact that any decision to include Huawei in Canada’s 5G networks will have on both Canadian national security and “Five Eyes” joint intelligence cooperation among the United States, United Kingdom, Australia, New Zealand, and Canada. As you know, Australia effectively banned Huawei, ZTE, and other Chinese state-directed companies from its nation’s 5G networks by excluding firms that “are likely to be subject to extrajudicial directions from a foreign government” and therefore pose unacceptable risks to national security. Moreover, the United Kingdom’s Huawei Cyber Security Evaluation Centre Oversight Board’s 2018 annual report to Britain’s national security adviser found that “identification of shortcomings in Huawei’s engineering processes have exposed new risks in the UK telecommunications networks and long-term challenges to mitigation and management.”
Further, the strong alignment between the United States and Canada in spectrum management has meant that American and Canadian carriers in many cases share complementary spectrum holdings, jointly benefiting from economies of scale for equipment designed for regionally harmonized frequencies. The entry of suppliers such as Huawei into the Canadian market could seriously jeopardize this dynamic, depriving both Canadian and American operators of the scale needed to rapidly build out 5G networks.
Given the strong statements by former Canadian national security officials as well as similar concerns out of the U.S., Australia, and the United Kingdom, we hope that you will reconsider Huawei’s inclusion in any aspect of Canada’s 5G development, introduction, and maintenance. Should you have any questions about the threat that Chinese state-directed telecommunications firms pose to your networks, we urge your government to seek additional information from the U.S. Intelligence Community.
Thank you for your attention to this matter.
WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released the following joint statement on the Department of Justice’s indictment of seven Russian GRU officers for international hacking and disinformation operations:
“Today’s charges further highlight the illegal and aggressive tactics Russia uses to undermine international institutions and wage disinformation campaigns. In recent years, Russia has reportedly hacked or attempted to hack democratic elections, the Olympics, the power grid in Ukraine, and now the international organization that investigates the illegal use of chemical weapons. As Justice Department officials stated today, these actions are part of a criminal conspiracy and are wholly unacceptable. We commend the Department of Justice and our Dutch and British allies on the steps they’ve taken to hold Russia accountable. Collectively, we will continue to combat Russia’s illegal activities and make clear that this reckless and belligerent behavior will not be tolerated.”
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.”
Pelosi, Schumer, Schiff, Warner Write Letter to ODNI Director Coats, DAG Rosenstein and FBI Director Wray on President Trump’s Decision to Release Highly Classified Information Related to Special Counsel’s Investigation
Sep 19 2018
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.”
Deputy Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, Northwest
Washington, D.C. 20530
- 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.
House Democratic Leader
Senate Democratic Leader
Ranking Member, House Intelligence Committee
Vice Chairman, Senate Intelligence Committee
Sep 14 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after President Trump’s former campaign manager Paul Manafort pleaded guilty to one count of conspiracy against the United States and one count of conspiracy to obstruct justice, and agreed to cooperate with the Special Counsel’s investigation:
“Today’s admission of criminal guilt by Paul Manafort clearly demonstrates that the President’s 2016 campaign manager conducted illegal activity in conspiracy with Russian-backed entities and was beholden to Kremlin-linked officials. The guilty plea also underscores the seriousness of this investigation. The Special Counsel must be permitted to follow the facts wherever and however high they might lead, because in the United States of America no one is above the law. Any attempt by the President to pardon Mr. Manafort or otherwise interfere in this investigation would be a gross abuse of power and require immediate action by Congress.”
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.
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after George Papadopoulos, a former Trump campaign adviser, was sentenced for lying to the FBI about his interactions with suspected Russian intermediaries during the 2016 presidential campaign:
“Despite constant attacks by the President and his allies, Special Counsel Robert Mueller and his team have once again demonstrated that they are conducting a serious, professional investigation into the Trump campaign’s contacts with Russians during the 2016 election.
“As an influential foreign policy adviser to the Trump campaign, Mr. Papadopoulos was informed that Russia had ‘dirt’ on Hillary Clinton in the form of ‘thousands of emails’ at a critical time during the campaign. He also had access to, and communications with, the campaign’s top leaders. That’s not conjecture – that is according to Mr. Papadopoulos himself.
“I still have significant questions about how high that information went, and I know the Senate Intelligence Committee would like to hear directly from Mr. Papadopoulos.”
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.”
WASHINGTON, D.C. – Today, Senate Intelligence Committee Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released the following statement:
“We have obviously followed today’s reporting about Michael Cohen with great interest. He appears to be pleading guilty to very serious charges, however, we have no insight into any agreements he and his legal team have allegedly reached with prosecutors in New York.
“What we can say is that we recently re-engaged with Mr. Cohen and his team following press reports that suggested he had advance knowledge of the June 2016 meeting between campaign officials and Russian lawyers at Trump Tower. Mr. Cohen had testified before the Committee that he was not aware of the meeting prior to its disclosure in the press last summer. As such, the Committee inquired of Mr. Cohen’s legal team as to whether Mr. Cohen stood by his testimony. They responded that he did stand by his testimony.
“We hope that today’s developments and Mr. Cohen’s plea agreement will not preclude his appearance before our Committee as needed for our ongoing investigation.”
Aug 21 2018
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 5th 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 5th.”
Warner, Colleagues Raise Concerns about Google's Reported Plan to Launch Censored Search Engine in China
Aug 03 2018
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Sen. Marco Rubio (R-FL), a member of the Senate Foreign Relations and Intelligence committees, led a bipartisan group of senators in sending a letter to Google CEO Sundar Pichai that raises grave concerns and critical questions about Google’s reported plan to launch a censored version of its search engine in China that would prohibit websites and search terms objected to by the Chinese government and Communist Party. Sens. Robert Menendez (D-NJ), Tom Cotton (R-AR), Ron Wyden (D-OR), and Cory Gardner (R-CO) also signed the letter.
The full text of the letter is here and below:
Dear Mr. Pichai:
We write in response to recent news reports about Google’s plan to launch a censored version of its search engine in China—codenamed “Dragonfly”—that would prohibit websites and search terms deemed objectionable by the Chinese government and Communist Party. If true, this reported plan is deeply troubling and risks making Google complicit in human rights abuses related to China’s rigorous censorship regime.
After a cyberattack that compromised the Gmail accounts of dozens of Chinese human rights activists, Google’s March 2010 decision to stop censoring results on Google.cn was widely praised. The company’s statement at the time noted: “We want as many people in the world as possible to have access to our services, including users in mainland China, yet the Chinese government has been crystal clear throughout our discussions that self-censorship is a non-negotiable legal requirement.
Chinese authorities, however, continue to censor a broad range of news and social media topics that they have deemed politically “sensitive” due to their belief that these topics may contribute to criticism of the Chinese government and Communist Party, and possibly lead to collective action. In recent weeks, a significant vaccine scandal in China, which may have affected the health of hundreds of thousands of Chinese children, has run afoul of censors. News reports indicate that, as of last Monday, the Chinese word for “vaccine” was one of the most restricted on Weibo, China’s Twitter-like microblog platform.
Moreover, China has in recent years harnessed the power of communications technology to advance its surveillance and social control efforts. The Financial Times recently reported that the largest technology companies in China—including Alibaba, Tencent, Baidu, and JD.com—are “inextricably linked with the Chinese state and its security apparatus, and the authorities retain the upper hand in the relationship.” Google’s reported activity to build applications compatible with Chinese censorship demands is all the more concerning in light of relationships that Google has made with these companies, including a technology cross-licensing joint venture with Tencent and an investment of $550 million in JD.com.
It is a coup for the Chinese government and Communist Party to force Google—the biggest search engine in the world—to comply with their onerous censorship requirements, and sets a worrying precedent for other companies seeking to do business in China without compromising their core values. In light of these reports, we respectfully request answers to the following questions:
- Is Google in the process of developing a censored search engine or other censored applications for China? If so, will this be part of a joint venture with a Chinese domestic partner?
- What has changed since 2010 to make Google comfortable cooperating with the rigorous censorship regime in China?
- In many cases, the entrance of a western firm in China is conditioned upon that firm entering a joint venture with a domestic Chinese firm. Was Google’s decision to enter a joint venture with Tencent connected in any way with its efforts to enter the Chinese market via the custom search app?
- If Google is working on a search product for the mainland Chinese market, which “blacklist” of censored searches and websites are you using? Are there any phrases or words that Google is refusing to censor?
- Will Google employees involved in managing “Dragonfly” be required to attend the official mandatory trainings on “Marxist news values” and “socialist values” as required of other technology companies that provide Internet news content services in China?
- Presumably Google will comply with China’s Cybersecurity Law and its data localization requirements. Will Google provide information about the search histories of individual users to Chinese government authorities? What confidence does Google have that its local joint venture partner will abide by any user protections that Google puts in place?
We appreciate your prompt reply to this inquiry, including any views that you are prepared to share as to how this reported development can be reconciled with Google’s unofficial motto, “Don’t be evil.”
Jul 31 2018
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.
WASHINGTON – The Senate Intelligence Committee is honoring the courage and dedication of the men and women of the U.S. intelligence community by introducing a bipartisan resolution designating today, July 26, 2018 as “United States Intelligence Professionals Day.” A Senate resolution thanking intelligence officers, past and present, for their service and professionalism in protecting the United States was introduced by U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and U.S. Sen. Richard Burr (R-NC), Chairman of the Senate Select Committee on Intelligence, and co-sponsored by every member of the Senate Intelligence Committee. Today is the 71st anniversary of President Truman signing the National Security Act of 1947, which laid the foundation for today’s intelligence community and continues to govern its activities.
“The men and women of the Intelligence Community work tirelessly and quietly, often risking their lives in defense of our nation. We rarely hear about their successes or their sacrifices, but the Senate Intelligence Committee sees the results of their hard work firsthand,” said Vice Chairman Warner. “Today is a rare opportunity to recognize these quiet heroes, and thank them for their sacrifice. They deserve not only our respect, but our gratitude.”
“As Chairman of the Senate Select Committee on Intelligence, I have had the opportunity to meet many of the brave men and women of the United States Intelligence Community, and understand the enormous sacrifice they make on behalf of our nation. Every day, intelligence professionals risk their lives to keep our homeland safe. They do so without public acknowledgment, credit, or thanks, but with the knowledge that their work is vital for America’s national security,” said Chairman Burr. “While much of their work must always go unrecognized, today we thank them for their service and express our support for their efforts.”
“I’ve served on the Intelligence Committee since 2001, a position that has allowed me to foster a deep sense of respect and appreciation for the work done by all the men and women of the intelligence community. These individuals are often nameless and faceless, but the work they do and the dedication they exhibit helps keep us safe, and for that I thank them,” Senator Dianne Feinstein (D-CA) said.
“The country does not know much about our intelligence community’s activities, by necessity, of course, but we all owe them a debt of gratitude for their work defending our national security and all Americans,” said Senator Jim Risch (R-ID). “I join my colleagues today in pausing to recognize these patriots.”
“Every day, across our nation and around the world, the hard working men and women serving in the Intelligence Community make countless sacrifices to ensure the safety of our country and our citizens. I am consistently impressed by the high level of professionalism, patriotism, and courage that our intelligence professionals exhibit,” Senator Susan Collins (R-ME) said. “Our resolution will ensure that these Americans, who must operate in the shadows, receive well-deserved recognition for their public service.”
“Our nation's intelligence professionals are dedicated, patriotic men and women who make real sacrifices to help keep our country safe and free. I am proud to recognize them for their public service,” said Senator Martin Heinrich (D-NM).
“Intelligence professionals provide the critical information decision makers rely on to keep Americans safe,” said Senator Roy Blunt (R-MO). “We’ll always be grateful for their dedication and the sacrifices they make every day to protect our country.”
“We live in a dangerous world, and America’s intelligence professionals are our first line of defense. These men and women are patriots who don’t serve any party or any individual – they serve the people of the United States of America. Their hard work and commitment to protecting our citizens deserves nothing less than our utmost gratitude,” said Senator Angus King (I-ME).
“Our intelligence community works tirelessly every day to keep America safe. As a member of the Senate Select Committee on Intelligence, I recognize the commitment of our intelligence professionals. Most of them work in anonymity, so this is a small way for us to publically recognize them and the critical work they do to protect all of us,” said Senator James Lankford (R-OK).
“The brave men and women in our intelligence community selflessly serve our country in the shadows, most of the time with little recognition. This resolution aims to make up for that fact and recognize their service and commitment to protecting our country and our interests abroad. Their work is essential to the safety of the United States and has prevented tragedies, protected individuals and executed missions with the utmost professionalism and we all thank them for their sacrifice,” Senator Joe Manchin (D-WV) said.
“The work our intelligence professionals do to help us understand the threats we face as a nation is essential. Theirs can often be a thankless job, and today we recognize them for their service and patriotism,” Senator Tom Cotton (R-AR) said.
“The brave men and women of our Intelligence Community do important work critical to keep our nation safe and secure often without any recognition or acknowledgement,” said Senator Kamala Harris (D-CA). “Their service, sacrifice and utmost professionalism must never be taken for granted, and so I’m proud to honor their work today and the contributions they make to our nation.”
The full text of the resolution is available here.
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. 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.” A son-in-law of Mr. Khan, Alex Van der Zwaan, pleaded guilty to lying to federal investigators.
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.
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[.]” 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.”
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.
 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.”).
 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.
 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.
 Response from Brian Benczkowski to Question for the Record #3 from Senator Sheldon Whitehouse, August 1, 2017.
 Letter from Hon. Stephen Boyd to Senator Sheldon Whitehouse, Dec. 11, 2017.
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.”
· 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.
· 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.