2017-03-06 CEG To FBI (Arrangement To Pay Steele)

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March 6, 2017

VIA ELECTRONIC TRANSMISSION

The Honorable James B. Comey, Jr.


Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W.
Washington, DC 20535

Dear Director Comey:

On February 28, 2017, the Washington Post reported that the FBI reached an agreement a few
weeks before the Presidential election to pay the author of the unsubstantiated dossier alleging a
conspiracy between President Trump and the Russians, Christopher Steele, to continue investigating
Mr. Trump.1 The article claimed that the FBI was aware Mr. Steele was creating these memos as part
of work for an opposition research firm connected to Hillary Clinton. The idea that the FBI and
associates of the Clinton campaign would pay Mr. Steele to investigate the Republican nominee for
President in the run-up to the election raises further questions about the FBIs independence from
politics, as well as the Obama administrations use of law enforcement and intelligence agencies for
political ends. It is additionally troubling that the FBI reportedly agreed to such an arrangement given
that, in January of 2017, then-Director Clapper issued a statement stating that the IC has not made any
judgment that the information in this document is reliable, and we did not rely upon it in any way for
our conclusions. According to the Washington Post, the FBIs arrangement with Mr. Steele fell
through when the media published his dossier and revealed his identity.

The Committee requires additional information to evaluate this situation. Please provide the
following information and respond to these questions by March 20, 2017. Please also schedule a
briefing by that date by FBI personnel with knowledge of these issues.

1. All FBI records relating to the agreement with Mr. Steele regarding his investigation of
President Trump and his associates, including the agreement itself, all drafts, all internal FBI

1
Tom Hamburger and Rosalind Helderman, FBI Once Planned to Pay Former British Spy Who Authored Controversial
Trump Dossier, THE WASHINGTON POST (Feb. 28, 2017).
Director Comey
March 6, 2017
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communications about the agreement, all FBI communications with Mr. Steele about the
agreement, all FBI requests for authorization for the agreement, and all records documenting
the approval of the agreement.

2. All records, including 302s, of any FBI meetings or interviews with Mr. Steele.

3. All FBI policies, procedures, and guidelines applicable when the FBI seeks to fund an
investigator associated with a political opposition research firm connected to a political
candidate, or with any outside entity.

4. All FBI records relating to agreements and payments made to Mr. Steele in connection with
any other investigations, including the reported agreements relating to his investigation of
FIFA.

5. Were any other government officials outside of the FBI involved in discussing or authorizing
the agreement with Mr. Steele, including anyone from the Department of Justice or the Obama
White House? If so, please explain who was involved and provide all related records.

6. How did the FBI first obtain Mr. Steeles Trump investigation memos? Has the FBI obtained
additional memos from this same source that were not published by Buzzfeed? If so, please
provide copies.

7. Has the FBI created, or contributed to the creation of, any documents based on or otherwise
referencing these memos or the information in the memos? If so, please provide copies of all
such documents and, where necessary, clarify which portions are based on or related to the
memos.

8. Has the FBI verified or corroborated any of the allegations made in the memos? Were any
allegations or other information from the memo included in any documents created by the FBI,
or which the FBI helped to create, without having been independently verified or corroborated
by the FBI beforehand? If so, why?

9. Has the FBI relied on or otherwise referenced the memos or any information in the memos in
seeking a FISA warrant, other search warrant, or any other judicial process? Did the FBI rely
on or otherwise reference the memos in relation to any National Security Letters? If so, please
include copies of all relevant applications and other documents.

10. Who decided to include the memos in the briefings received by Presidents Obama and Trump?
What was the basis for that decision?

11. Did the agreement with Mr. Steele ever enter into force? If so, for how long? If it did not, why
not?

12. You have previously stated that you will not comment on pending investigations, including
confirming or denying whether they exist. You have also acknowledged that statements about
closed investigations are a separate matter, sometimes warranting disclosures or public
Director Comey
March 6, 2017
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comment. Given the inflammatory nature of the allegations in Mr. Steeles dossier, if the FBI
is undertaking or has undertaken any investigation of the claims, will you please inform the
Committee at the conclusion of any such investigations as to what information the
investigations discovered and what conclusions the FBI reached? Simply put, when allegations
like these are put into the public domain prior to any FBI assessment of their reliability, then if
subsequent FBI investigation of the allegations finds them false, unsupported, or unreliable, the
FBI should make those rebuttals public.

I anticipate that your responses to these questions may contain both classified and unclassified
information. Please send all unclassified material directly to the Committee. In keeping with the
requirements of Executive Order 13526, if any of the responsive documents do contain classified
information, please segregate all unclassified material within the classified documents, provide all
unclassified information directly to the Committee, and provide a classified addendum to the Office of
Senate Security. Although the Committee complies with all laws and regulations governing the
handling of classified information, it is not bound, absent its prior agreement, by any handling
restrictions or instructions on unclassified information unilaterally asserted by the Executive Branch.

Thank you for your prompt attention to this important matter. If you have any questions,
please contact Patrick Davis of my Committee staff at (202) 224-5225.

Sincerely,

Charles E. Grassley
Chairman
Committee on the Judiciary

cc: The Honorable Diane Feinstein


Ranking Member
Senate Committee on the Judiciary

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