[Senate Hearing 116-403] [From the U.S. Government Publishing Office] S. Hrg. 116-403 CONGRESSIONAL OVERSIGHT IN THE FACE OF EXECUTIVE BRANCH AND MEDIA SUPPRESSION: THE CASE STUDY OF CROSSFIRE HURRICANE ======================================================================= HEARING BEFORE THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION ---------- DECEMBER 3, 2020 ---------- Available via the World Wide Web: http://govinfo.gov Printed for the use of the Committee on Homeland Security and Governmental Affairs [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 43-069 PDF WASHINGTON : 2021 ----------------------------------------------------------------------------------- COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS RON JOHNSON, Wisconsin, Chairman ROB PORTMAN, Ohio GARY C. PETERS, Michigan RAND PAUL, Kentucky THOMAS R. CARPER, Delaware JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire MITT ROMNEY, Utah KAMALA D. HARRIS, California RICK SCOTT, Florida KYRSTEN SINEMA, Arizona MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada JOSH HAWLEY, Missouri Gabrielle D'Adamo Singer, Staff Director Joseph C. Folio III, Chief Counsel Brian M. Downey, Senior Investigator Scott D. Wittmann, Senior Professional Staff Member David M. Weinberg, Minority Staff Director Zachary I. Schram, Minority Chief Counsel Alan S. Kahn, Minority Chief Investigative Counsel Laura W. Kilbride, Chief Clerk Thomas J. Spino, Hearing Clerk C O N T E N T S ------ Opening statements: Page Senator Johnson.............................................. 1 Senator Peters............................................... 5 Senator Lankford............................................. 14 Senator Scott................................................ 17 Senator Hawley............................................... 20 Prepared statements: Senator Johnson.............................................. 33 Senator Peters............................................... 40 WITNESSES Thursday, December 3, 2020 Sharyl Attkisson, Investigative Journalist....................... 7 Kevin R. Brock, Former Assistant Director for Intelligence, Federal Bureau of Investigation................................ 8 Lee Smith, Investigative Journalist and Author................... 10 Alphabetical List of Witnesses Attkisson, Sharyl: Testimony.................................................... 7 Prepared statement........................................... 42 Brock, Kevin R.: Testimony.................................................... 8 Prepared statement........................................... 46 Smith, Lee: Testimony.................................................... 10 Prepared statement........................................... 50 APPENDIX Johnson Timeline................................................. 52 Crossfire Hurricane Timeline..................................... 75 DOJ Productions.................................................. 106 FBI Productions.................................................. 219 State Productions................................................ 410 DOJ IG Report Executive Summary.................................. 536 SSCI Report Findings............................................. 559 CONGRESSIONAL OVERSIGHT IN THE FACE OF EXECUTIVE BRANCH AND MEDIA SUPPRESSION: THE CASE STUDY OF CROSSFIRE HURRICANE ---------- THURSDAY, DECEMBER 3, 2020 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10:08 a.m., in room SD-342, Dirksen Senate Office Building, and via Webex, Hon. Ron Johnson, Chairman of the Committee, presiding. Present: Senators Johnson, Lankford, Scott, Hawley, Peters, Hassan, and Rosen. OPENING STATEMENT OF CHAIRMAN JOHNSON Chairman Johnson. Good morning. This hearing is called to order. The title of this hearing is ``Congressional Oversight in the Face of Executive Branch and Media Suppression,'' and in particular, ``The Case of Crossfire Hurricane''--a corrupt investigation. I will add that. The hearing is actually quite a bit broader than that, but we will certainly focus on that. I became Chairman of this Committee in January 2015 and will complete my 6-year term at the end of this month. We can all be proud of the more than 100 pieces of legislation we worked on together as a Committee that became law. The other more than 200 bills that we passed out of Committee, although not signed into law, can still serve as a basis for future legislation. Our Committee and Subcommittees also have broad oversight jurisdiction and responsibilities that we have not ignored. We investigated and exposed problems within the Veterans Affairs (VA) health care system, human trafficking, national security leaks, and systemic violations of the Hatch Act within the U.S. Postal Service (USPS), to name just a few. Most recently, we have held eight hearings and roundtables on the current administration's response to the coronavirus disease (COVID- 19). It is not surprising that some of our oversight investigations did not receive bipartisan support, in particular, those concerning corruption within the Obama Administration. In February 2018, reflecting on his 8 years in office, President Obama stated, ``We did not have a scandal that embarrassed us,'' and further, in May 2018, he stated, ``I did not have scandals.'' Not only were those scandals denied by the former President, they were also largely ignored by both our Democrat colleagues and most of the media. But nothing could be further from the truth. A short list of the known scandals demonstrates why they should not be ignored and need to be fully investigated and exposed. Now, I will depart from my full written statement because I have more detail on these as I list them out, and I will ask that my full statement be entered in the record,\1\ but let us just go down a quick list, and I want to make a couple points why these are relevant. --------------------------------------------------------------------------- \1\ The prepared statement of Senator Johnson appears in the Appendix on page 33. --------------------------------------------------------------------------- Fast and Furious. The result of that--and we have Ms. Attkisson here that can testify to being spied on. As a result of that scandal, the Obama Administration started spying on journalists. We also saw that Eric Holder was held in contempt of Congress but never held accountable for it, which I am highlighting right now, which just shows one of the problems Congress has in its oversight capabilities. We have no method of enforcing subpoenas or prosecuting somebody held in contempt if that person held in contempt is a member of the administration. It really renders us very toothless in terms of effective oversight. Benghazi. I will not go into the detail there other than to say that Susan Rice went on Sunday morning shows, lied to the American people, and said that there was a violent protest outside of our embassy sparked by a hateful video. Secretary Clinton then was reported to comment to the father of one of the fallen heroes, ``We will make sure that the person who made that film is arrested and prosecuted.'' It just so happens that the producer of the video was jailed shortly thereafter and served a year in jail, in prison for a probation violation of a separate charge. I would view that as somewhat abuse of power. The Internal Revenue Service (IRS) scandal, where the IRS was turned into a political weapon against conservatives, targeted, and not allowed to have tax-exempt status. In that case, IRS employee Lois Lerner just refused to testify. She pleaded the Fifth before Congress. Oh, by the way, she retired with full retirement benefits, was never held accountable, never punished. IRS later admitted that years after potentially responsive records, including many of Lerner's emails, had been lost due to hard-drive crashes. Once again, no one was ever held accountable. The Biden-Ukraine conflict-of-interest scandal. The thing I want to point out about this is how the press actually was interested in this back in October 2015 when the Wall Street Journal actually inquired of the Vice President's office about that conflict of interest with Hunter being on Burisma's Board. They inquired on October 21. That was the exact same day that Vice President Biden decided not to run in the primary against Hillary Clinton. In December 2019, Politico actually published a 20-page article on Biden Inc., revealed an awful lot of some of the types of financial foreign entanglements that Senator Grassley and my investigations also revealed in our September 2020 report. Past that point, the press pretty well ignored the glaring conflict of interest that George Kent said was ``awkward'' for all policymakers trying to run an anticorruption agenda in Ukraine. The Clinton email scandal. When I took over Chairman in January 2015, it was in March 2015 that it was revealed that Hillary Clinton ran most of her emails through a private server. Not only is this Committee the general oversight Committee of Congress, we have specific legislative jurisdiction on Federal records. So that really began my work and this Committee's work for the last 6 years investigating some of this corruption in the Obama Administration. I think it is important to note that this represents from my standpoint the unequal application of justice. Hillary Clinton was exonerated. The email scandal, the midyear examination investigation morphed into the Crossfire Hurricane scandal. I just want to talk about one of the texts that Peter Strzok texted to Lisa Page shortly after they exonerated Hillary Clinton. He said, ``And damn this feels momentous.'' Now he is talking about Crossfire Hurricane. ``Because this matters. The other one did, too''--the midyear exam--``but that was to ensure we did not F something up. This matters because this MATTERS. Super glad to be on this voyage with you.'' Yet we had the Inspector General (IG), when he reviewed the Foreign Intelligence Surveillance Act (FISA) abuse, in his report claimed that there was no proof that political bias affected any actions. I would challenge that statement. The final one I want to talk about is what we uncovered in our July 2017 report on leaks, and the overall summary of that is that report showed 125 leaks in the first 126 days of the Trump administration; 62 of them would have been defined as ``harming national security,'' according to the Obama Administration's definition of that. And that 62 compares with, I think, eight or nine during both the Bush and the Obama Administrations. Just an explosion of leaks. By the way, those leaks are what drove and sustained the false narrative of Russian collusion with the Trump campaign that was proven totally false but was the center of the Crossfire Hurricane investigation and then a Special Counsel, and, quite honestly, morphed into an impeachment trial here in the Senate. Now, a common element of each of these scandals is the abuse of executive branch power. If this misconduct remains hidden or goes unpunished, it represents a serious threat to our individual freedoms and our democratic republic. I do not make that statement lightly. I would also say they really demonstrate a pattern of bias and unequal treatment, certainly bias in the media, bias in the social media, the censorship that we have witnessed over the last few months, but also a pattern of bias and unequal treatment in our justice system. I pointed that out earlier. I would also say a pattern of unequal treatment, unequal loyalty and bias within the executive branch. I mean, I find it shocking that within 2 weeks of President Trump entering office, two of his phone calls to world leaders were leaked to the press. This is unprecedented. It is actually what spawned our investigation into the leaks, to show the 125 leaks in the first 126 days. This cannot go on. This is dangerous to our democratic republic. Unfortunately, my efforts to uncover the truth have been severely obstructed by the agencies involved and by entrenched bureaucrats that have every incentive to keep it hidden. This has been true during both the Obama and Trump administrations. For example, the Federal Bureau of Investigation (FBI) did not meaningfully produce records about the Crossfire Hurricane investigation until I subpoenaed them in August of this year, and even then, documents are heavily redacted. I have just a quick example of this. One of our reports is on the transition and the abuse of the General Services Administration (GSA) process. This is an email that GSA produced to us, and you can see it is--we can read the whole thing except for the mobile phone number of the sender of the email. This is the exact same email produced to us by the FBI. As you can see, almost everything is redacted. There is no reason for things to be redacted. There is nothing involving or harming national security here. It might embarrass the agency, but it does not harm national security. This is what we have been dealing with. This is the resistance we have encountered in our investigations into abuse of power. In May, Senator Grassley and I requested a list of Obama officials who unmasked Trump campaign and transition officials. That list has apparently been compiled, but it has not been provided to the Committee because it remains stuck somewhere between the National Security Agency (NSA) and the Department of Justice (DOJ). Without those records, it would not be productive, so we have not interviewed the officials involved in those unmaskings. Finally, just yesterday the State Department produced an unclassified version of an email that Senator Grassley and I requested in August that still contained several redactions. I was able to review the unredacted version and can only say that what remains classified should not be classified. The information would not harm national security, but it would reflect poorly on Vice President Biden. That is not a valid reason for classification or for indefinitely withholding the information from Congress. These investigations have also been hampered by false allegations made against me and Senator Grassley by senior Democrat leaders, including this Committee's Ranking Member. In letters, purportedly classified staff memos immediately leaked to the press, and statements on the floor and to the media, they have accused Senator Grassley and me of receiving and disseminating Russian disinformation. This is patently false and is easily proven so by a careful examination of our reports. Yet no matter how many times we issue denials, a compliant media repeats their false allegations. This was the exact same playbook used with the Steele dossier and the Russian collusion hoax. These claims are especially galling because in both cases, Democrats were the real peddlers of Russian disinformation. Now, the purpose of today's hearing is to release and examine two timelines--I have them right here--one that is a little more condensed and more general about all of our investigations,\1\ and then one that is really specific and far more detailed on the Crossfire Hurricane investigation\1\. To help place these scandals in perspective, we are also going to release new documents we have obtained related to the Crossfire Hurricane investigation and also to demonstrate how much has been withheld and how many questions remain unanswered. I ask that all this information be entered into the record. --------------------------------------------------------------------------- \1\ The information referenced by Senator Johnson appears in the Appendix on page 52. \1\ The information referenced by Senator Johnson appears in the Appendix on page 75. --------------------------------------------------------------------------- The volume of information that should be considered cannot be covered in a single hearing. Instead, I have invited three witnesses to talk about specific aspects of these scandals in which they have detailed knowledge. Again, I thank the witnesses for the time they have taken to prepare and appear before this Committee, and I look forward to their testimony. Again, I really do want to thank the witnesses for your time and your appearance here, and with that, I will turn it over to Senator Peters. OPENING STATEMENT OF SENATOR PETERS\2\ Senator Peters. Thank you. Thank you, Mr. Chairman. --------------------------------------------------------------------------- \2\ The prepared statement of Senator Peters appear in the Appendix on page 40. --------------------------------------------------------------------------- Mr. Chairman, I just want to start by saying that I certainly appreciate the bipartisan work that we have accomplished together during this Congress. Under our leadership, this Committee has advanced important legislation to strengthen border security, to safeguard critical facilities and institutions from terrorist attacks, streamline government efficiency and in the process save taxpayer dollars, and ensure strong oversight of the coronavirus emergency spending. This Committee does its best work for the American people when we come together in areas that we can mutually agree on. I regret that today's hearing unfortunately does not meet our best traditions of nonpartisanship and bipartisanship. This Committee has already held a hearing on Oversight of the Crossfire Hurricane investigation. We heard testimony from Department of Justice Inspector General Horowitz about the errors and the misconduct that his nonpartisan, independent investigation found. Inspector General Horowitz interviewed more than 100 witnesses and reviewed more than 1 million documents over the course of nearly 2 years to come to his conclusions. In fact, I ask that the executive summary of this report be entered into the record,\3\ Mr. Chairman, without objection. --------------------------------------------------------------------------- \3\ The information referenced by Senator Peters appear in the Appendix on page 536. --------------------------------------------------------------------------- Chairman Johnson. Without objection. Senator Peters. I will remind the Chairman that Mr. Horowitz found that ``opening the investigation was in compliance with Department and FBI policies'' and found ``no evidence of political bias in its opening or in any investigative step taken by the Crossfire Hurricane team.'' We know the Inspector General did find problems with this investigation, and the FBI has already implemented those recommended changes to prevent those errors from happening again. In addition to our own Committee's hearing, the Senate Judiciary Committee, which has jurisdiction over the FBI and the Department of Justice, is currently undertaking its own investigation. Prosecutor John Durham is also continuing his own investigation at the Department of Justice. The Senate Intelligence Committee has also already investigated, and its bipartisan report concluded that Trump campaign manager Paul Manafort's willingness to share information with the Russian intelligence services was a grave counterintelligence threat. I ask that the findings of the Senate Intelligence Committee also be entered into the record,\1\ without objection, Mr. Chairman. --------------------------------------------------------------------------- \1\ The information from the Senate Intelligence Committee appears in the Appendix on page 559. --------------------------------------------------------------------------- Chairman Johnson. Without objection. Senator Peters. Today's hearing seeks to rehash the same matter--in a more partisan way--to reach conclusions that the Chairman has already announced publicly. The panelists here today are not witnesses to the underlying events. Their public commentary has been extremely partisan and in some cases--such as disputing the result of the most recent election--entirely divorced from reality. The strength of American democracy and a peaceful transition of power depends largely on the American people's trust that our elections are free and that they are fair. There was no plot against President Trump when he won the election 4 years ago or when he lost the election last month. Promoting a demonstrably false narrative with dangerous rhetoric erodes trust and prevents our country from healing. Our Committee has a real responsibility to conduct oversight of the Federal Government's role in pandemic response and so many other matters impacting national security. Given the dangerous world that we live in, we simply do not have time to indulge in hyper-partisan investigations that simply do not advance the interests of the American people. Therefore, I do not think today's hearing is an appropriate use of our Committee's time, resources, or, quite frankly, credibility. Next year, I look forward to returning to our strengths: to work together in a bipartisan way to address the devastating public health, economic, and security challenges that we are facing as a country. Thank you, Mr. Chairman. Chairman Johnson. Thank you, Senator Peters. It is the tradition of this Committee to swear in witnesses, so, Ms. Attkisson, if you would just raise your right hand, and if the gentlemen here will stand and raise your right hand. Do you solemnly swear that the testimony you will give before this Committee will be the truth, the whole truth, and nothing but the truth, so help you, God? Ms. Attkisson. I do. Mr. Brock. I do. Mr. Smith. I do. Chairman Johnson. Please be seated. Our first witness is Sharyl Attkisson. Ms. Attkisson is an investigative journalist and the host of the national television news program ``Full Measure.'' For 30 years, Ms. Attkisson was a correspondent and anchor at Columbia Broadcasting System (CBS) News, Public Broadcasting Service (PBS), Cable Network News (CNN), and in local news. Ms. Attkisson has authored several books on U.S. politics, the media, and government abuses. Ms. Attkisson has received five Emmy Awards and the Edward R. Murrow Award for investigative reporting. Ms. Attkisson. TESTIMONY OF SHARYL ATTKISSON,\1\ INVESTIGATIVE JOURNALIST Ms. Attkisson. Thank you. Good morning, everybody. I have been a nonpartisan journalist for nearly 40 years in local news, CNN, CBS, PBS, and the national station group Sinclair. I have witnessed a dramatic devolution in my industry as we have allowed ourselves to be transformed into tools of political and corporate interests pushing narratives, slanting information on the news and online, and seeking to shape public opinion rather than report facts and various views. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Attkisson appears in the Appendix on page 42. --------------------------------------------------------------------------- This means today's media landscape has allowed some of the biggest and most important stories of our time to be covered in a fantastical and one-sided, often inaccurate and incomplete way, or perhaps escape coverage entirely, while important violations of law and constitutional rights by powerful interests go unchallenged. We have to confront the fact that our intelligence structure and some inside our Federal agencies have proven more powerful than Congress, the legislative or judicial branches, more influential with the media, and largely immune from oversight and after the most egregious violations from prosecution. Even the President of the United States, whoever it may be, plays second fiddle to the structure, and partly because the news media has dropped the ball, these players are unaccountable, operating in an extraconstitutional fashion that persists from administration to administration meaning this is not a partisan issue. Just one example can be found in the government's spying on journalists and other innocent Americans. After an incredible series of revelations beginning in 2013, nobody was held accountable. Government agents initiated secret surveillance and subpoenas against then-Fox News reporter James Rosen and Associated Press (AP) reporters. CBS, where I worked at the time, publicly announced in 2013 that forensics proved my computers were remotely hacked and my work remotely monitored, and the CBS news systems were accessed in the supervisory effort as well. After the forensics definitively proved the government was responsible, has secretly installed a keystroke monitoring program, exfiltrated files, listened in on me secretly activating audio, looked through my work photos, then remotely overwrote computer logs to try to erase their tracks when we discovered them, nothing happened, zero. To this day, I am still suing in civil court trying to force the Justice Department to reveal the names of all the specific agents involved and, so I thought at one point, force accountability and stop it from happening to others. But 7 long years later, it is an uphill battle as the Justice Department defends the guilty agents using taxpayer dollars. It should be no surprise that intel abuses continued. When top intel officials at the time, James Clapper and John Brennan, provided false information to Congress about surveillance of American citizens and the Central Intelligence Agency (CIA) spying on Senate computers, all is forgiven. When the Inspector General refers former FBI Director James Comey for criminal charges, the Justice Department says, ``No need. He meant no harm.'' When FBI Director Christopher Wray falsely testifies to Congress that there have been no 702 surveillance abuses, contrary to numerous findings by the FISA Court and others, nobody says a word. When government officials unmask the names of innocent American citizens, when Congress makes dozens of referrals for criminal charges regarding alleged intel misbehavior, when committees request relevant documents from Federal agencies they are supposed to oversee, when FBI cell phones containing possible evidence of corruption are repeatedly accidentally wiped, when information is illegally leaked for political purposes, nothing. The people responsible for these things, we are to believe, were confused, did not understand the question, did not understand the rules, did not mean any harm, it was an accident. But those not on their team are never afforded the same generous benefit of the doubt. This has caused a crisis of confidence in our public institutions. Among many, there is a lack of trust in Congress, the media, health officials, the Justice Department, and our elections process. Now, even when Congress may be doing the public good, the media may be telling the truth, health officials may be giving good advice, the Department of Justice may be doing the right thing, or the elections are not fraudulent, many do not buy the story we are telling. We have created this environment over a period of decades, and then we look at the public, which watches the double standards, whipsaw between the alternate realities presented by the media, and we ask why they are mistrustful as if it is their doing, when it is ours. If we are unable to change things, we can only expect more of the same or worse. Thank you. Chairman Johnson. Thank you, Ms. Attkisson. Our next witness is Kevin Brock. Mr. Brock worked for nearly 24 years as an FBI agent. After the 9/11 attacks, he served as the FBI's first Assistant Director for Intelligence and later become the first Principal Deputy Director at the National Counterterrorism Center (NCTC). Mr. Brock now works in the private sector. Mr. Brock. TESTIMONY OF KEVIN R. BROCK, FORMER ASSISTANT DIRECTOR FOR INTELLIGENCE, FEDERAL BUREAU OF INVESTIGATION Mr. Brock. Good morning, Senator Johnson, Senator Peters, and Members of the Committee. I thank you for the invitation to appear before the Committee today. I have submitted a detailed prepared statement,\1\ which I will summarize now, and then be happy to answer any follow-up questions. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Brock appears in the Appendix on page 46. --------------------------------------------------------------------------- During my nearly-24-year career in the FBI, I investigated and managed numerous significant counterintelligence cases and specifically Russian counterintelligence investigations. As a senior FBI executive, I led initiatives that caused me to work closely with the Department of Justice to align new FBI policy changes with the Attorney General Guidelines (AGG). As a result, I had a deep knowledge and understanding of the Attorney General Guidelines throughout my career, and while certain changes may have occurred to the guidelines since my retirement, I retain a solid understanding of the Attorney General Guidelines' core protections of Americans from inappropriate overreach by the FBI. As a former FBI executive and now private citizen, I have authored several op-ed articles critical of fired FBI executives James Comey, Andrew McCabe, and Peter Strzok, and their initiation and handling of the Crossfire Hurricane investigation and the harm their actions did to U.S. citizens aligned with the Trump campaign. In addition, I have been similarly critical of the stunningly inappropriate actions of former Director Comey that objectively impacted the Hillary Clinton campaign leading up to the Presidential election in 2016. In short, I have been speaking up, at some personal risk, not for political reasons but, rather, out of my concern that the integrity of the FBI and the trust that the American people have traditionally placed in the FBI have been imperiled by the faulty and reckless actions of those former FBI leaders. I do not speak on behalf of the FBI nor any current or former FBI employee, only myself. I have, however, received abundant and overwhelmingly positive feedback from current and former FBI personnel concerned for the future of the FBI. Let me be as clear as possible: These disgraced former FBI executives never should have opened the Crossfire Hurricane investigation. They did not, despite the DOJ Inspector General's subsequent comments to the contrary, have adequate predication for starting an intrusive investigation into U.S. citizens. The FBI document that opened the Crossfire Hurricane investigation violated the Attorney General Guidelines. It contained no predication that an experienced and knowledgeable FBI counterintelligence agent would deem adequate to start an investigation. In fact, the document contained exculpatory statements that should have chilled any lingering impetus to proceed further. The Inspector General's assertion is based solely on his interviews of the Crossfire Hurricane team who, not surprisingly, claim they had sufficient reasons for investigating the Trump campaign. I respectfully disagree and will be happy to answer any questions why I believe the IG is mistaken. The IG's report documents startling comments by FBI executives that reveal investigative decisions against U.S. citizens based on speculation unsupported by any material fact pattern. These executives articulated a concern that a Presidential campaign may have received and accepted disinformation from Russian sources, thereby endangering national security and election integrity. Ironically, these same executives, less than 2 months after opening the Crossfire Hurricane case, received a dossier determined to be Russian disinformation that the Clinton campaign not only accepted but paid for. In an indefensible double standard, the Crossfire Hurricane team chose not to initiate a similar investigation into the Clinton campaign. They instead used the ``salacious and unverified dossier''-- those are Mr. Comey's quotes--as justification for a fraudulent FISA surveillance of a U.S. citizen. In effect, the Crossfire Hurricane team's cynical use of a clear Russian disinformation operation became its own threat to national security and civil liberties. The Crossfire Hurricane investigation was not an abuse by the FBI. It was an abuse of the FBI, by a rogue band of reckless executives--I am sorry. It was not an abuse by the FBI. It was an abuse of the FBI by a rogue band of reckless executives. Because of the duplicity of these disgraced former FBI leaders, many Americans have lost trust and faith in the FBI. Perhaps that is the greatest wreckage of this entire debacle. Our democracy depends heavily on objective, dispassionate, and unbiased enforcement of our laws by the FBI. That trust has been eroded. These shameless former FBI executives continue to collect significant sums of money from book royalties, media appearances, movie rights, teaching gigs, and Go Fund Me scams. Americans would like to see accountability, but hope wanes. The efforts of this Committee to shed light is welcome and commendable. Perhaps it will at least help prevent something like Crossfire Hurricane from ever happening again to any American or future Presidential nominee. Chairman Johnson. Thank you, Mr. Brock. Our final witness is Lee Smith. Mr. Smith has worked in the press for more than 30 years, writing on foreign policy, national security, and media. He has written for the New York Times, the Washington Post, the Wall Street Journal, the New Yorker, among other publications. Mr. Smith has also authored several books on U.S. politics in the Middle East. Mr. Smith. TESTIMONY OF LEE SMITH,\1\ INVESTIGATIVE JOURNALIST AND AUTHOR Mr. Smith. Thank you very much, Chairman Johnson and Ranking Member Peters, thank you for the invitation to speak before the Committee. Thanks also to Committee members and staff. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Smith appears in the Appendix on page 50. --------------------------------------------------------------------------- Nearly 4 years ago, a series of crimes were committed in full view of the public, and to date no one has been charged. It was the one set of crimes inarguably committed during the course of Crossfire Hurricane, the FBI's investigation of Russian interference in the 2016 election and the possible involvement of the Trump campaign. The crimes began with the leak from a classified intercept of a telephone conversation between then-President-elect Donald Trump's incoming National Security Adviser Michael Flynn and the Russian ambassador to the United States. In January and February 2017, the Washington Post published stories sourced to intercepts of Flynn's phone calls and speculated that the retired three-star general might have broken the law by discussing the foreign policy of the United States with foreign officials. For General Flynn, it was the beginning of a twisted journey forced upon him by political opponents and professional rivals and ending only last week with a presidential pardon. For America, those leaks are the centerpiece of one of the most remarkable crime sprees in our history--classified information leaked serially to prestige press organizations for the purpose of prosecuting a campaign of political warfare against a sitting President. Reporters rarely, if ever, actually saw the classified documents. They relied on badly spun accounts of the documents fed to them by a circle of intelligence leakers. The classified information was used to advance the narrative that Trump had been compromised by Russian spies. U.S. officials knew not only that they were breaking the law; they also knew they were marketing a lie, and they knew where it originated. According to notes taken by former CIA director John Brennan, he briefed then-President Barack Obama in late July 2016 that the Hillary Clinton campaign had approved a plan to ``vilify Donald Trump by stirring up a scandal claiming interference by Russian security services.'' Knowing the purpose and provenance of the story, Brennan nonetheless pushed it to senior U.S. officials as fact. He briefed then-Senate Minority Leader Harry Reid on information drawn from the notorious dossier paid for by the Clinton campaign. Brennan also took it to the FBI. He said that he shared that information regarding Trump aides and Russian officials ``with the Bureau so that they could take it.'' In sworn testimony before Congress in May 2017, the former CIA Director said the information he gave to Federal law enforcement ``serves as the basis for the FBI investigation.'' It was to lend more color and weight to the Russia smear targeting Trump that government officials leaked classified information like the Flynn intercept. None have ever been charged. The press itself was honored. The Washington Post and New York Times were awarded a joint Pulitzer Prize for their numerous stories sourced to classified information leaked to advance a fraudulent narrative. Because of its part in pushing Russiagate, American intelligence services and law enforcement authorities are regarded with skepticism, if not contempt, by half of the U.S. public. Programs--like foreign intelligence surveillance act warrants, confidential human sources, and classified intelligence--designed to keep citizens safe from terrorism, organized crime, and adversarial States were turned against Americans who were simply practicing their right to participate in our political process. The Crossfire Hurricane investigation marks a new, even transitional, moment in our history. I lived in and reported from the Middle East for more than a decade, and the shape of the FBI and media's joint operation is unmistakable. It signals the marriage of the ministry of the interior (responsible for domestic spying) to the ministry of information (responsible for manufacturing propaganda) in a combined effort to destroy anyone it perceives as an opponent. With Crossfire Hurricane, major American institutions, the press and our intelligence community (IC), have adopted the practices and ethos of the Third World. It is not clear at present how we might return from that territory. The issue then is not simply that the press and our intelligence services have forfeited the faith of large parts of the U.S. public, but that they have injected into our public sphere a conspiracy theory. What they have done is the equivalent of dumping mercury into every American river, lake, and reservoir. Thank you. Chairman Johnson. Thank you, Mr. Smith. I will start off the questioning to Mr. Brock. This is information we should have had years ago. But it was recently revealed when John Ratcliffe released a document that said the U.S. intelligence community reported back on July 26, 2016 that allegedly approval by Hillary Clinton on July 26, a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by Russian security services. Mr. Brock, in your testimony you talked about the unequal application with the unequal treatment by the FBI of the Clinton campaign versus the Trump campaign. To me this is just Exhibit A in that unequal treatment. Here you have the intelligence community actually knowing that it is Hillary Clinton approving of a plan to stir up the scandal, tying Candidate Trump to Russian collusion. That kind of explains the whole Steele dossier, doesn't it? The FBI knew that that was bought and paid for by the Hillary Clinton campaign. The FBI knew that the primary subsource of that Steele dossier had been investigated by them in 2009. They knew all of this for sure by the end of January 2017, but some of this information was known in July, in October. So speak a little bit in terms of the unequal treatment of the two campaigns, and also I want you to speak to--I agree with you that this was not an adequate predicate for an investigation, OK? But speak to the FBI guidelines about continuing an investigation when you have all this exculpatory information. Mr. Brock. One of the most puzzling aspects of this whole-- really it is kind of a national tragedy. It is a tragedy for the FBI certainly, as we look back and see the thin basis for launching an investigation like this. When you juxtapose the reasons that the FBI stated in their opening communication for starting up a case and then their comments to the Inspector General later as to why they felt they were compelled to investigate the Trump campaign, they do not add up with a certain logic that should have been applied to the dossier and its connection to the Clinton campaign. If they applied the same logic to the dossier and the fact that the Clinton campaign arranged for and paid for that and received Russian disinformation, then they would have had to open up a separate counterintelligence investigation, and yet they did not. Chairman Johnson. Quite honestly, closed down the Trump investigation. Because it was predicated on all that false information. Mr. Brock. It was predicated not only on thin information, a fourth-hand hearsay; also, the statements that they relied on contained two exculpatory statements that, A, there was no indication that the Trump campaign received or accepted the Russian suggestion that they had information damaging to Hillary Clinton; and, B, the Russians were prepared to release it no matter what the Trump campaign did or not. That is in their own opening EC. That right there for an experienced counterintelligence leader in the FBI should have been enough to say, ``We do not have enough to open up a case.'' Chairman Johnson. I want to address my next question to the two journalists. There really has been and there is an unholy alliance between liberals, Democrats, and the media, and there is completely unequal treatment by the media, by most of the media, Democrat versus Republican. Again, Exhibit A in this bias is how they treated the whole Russian hoax, and as our report showed, 125 leaks in the first 126 days that just drove this, sustained it, fueled this false narrative. I will start with Ms. Attkisson. What duty do reporters have to reveal their sources when the sources give them false information? Ms. Attkisson. It is a case-by-case thing. There is no standard across our profession. In fact, one of the things I have criticized is that at the beginning of the Trump administration, many news organizations announced that they were suspending their normal ethics and standards that dictate how their news organization typically deals with things such as use of anonymous sources, that they were suspending these because they said they needed to suspend their standards to cover a uniquely dangerous President. I have argued and I think you have observed that I actually think there is no more important time for us to keep our standards and ethics than when we are covering somebody that maybe we do not like or we have strong feelings about. That is what standards are for. Instead we saw this lifting starting in the 2016 time period, and this changing of everything, the way we used to cover things. At CBS News, there were very strict rules we went by to use anonymous sources as a last resort and only with very certain and specific caveats and disclosures. All that has changed, and even, the news organizations people used to consider the top ones in the country, if not the world, and there is no overarching body that dictates how this stuff has to be handled. Chairman Johnson. As I have been trying to conduct these investigations over the last 6 years, one of the things I have certainly determined is it is an inquiring press that has access to sources that will not come to Congress because they do not trust Congress to keep their identities secure, confidential. So they go to the press, so the press finds out about this stuff a lot sooner than Congress does or, quite honestly, Department of Justice officials. I fully understand and fully support a free press and any member of the press protecting the confidentiality of the sources. But that is when they are giving them true information. Mr. Smith, is there an obligation to protect a source that has given you false information? Mr. Smith. Yes, I see it a little differently. I think that what we have seen, as I tried to describe in the opening statement, is an actual partnership between the press and people who are providing false information to prosecute a campaign against the Trump administration. I am very familiar with the left-wing bias in the media. My family, father, grandfather, great-grandfather, all worked in the press. I was the literary editor at the Village Voice, which was the first alternative weekly in America, co-founded by Norman Mailer. I come from the left. I am familiar with left-wing bias. What we have seen the last several years has nothing to do with left-wing bias. This is not about partisanship. What we have seen is something very disruptive and very dangerous, and how this started was in part because of the financial collapse of the prestige press, which began with the advent of the Internet. We have seen as a consequence the moral and professional collapse of the press. What we are talking about now is not a normal media. It is a platform for information operations. It is not just about partisanship. Chairman Johnson. OK. Senator Peters. Maybe he has blinked off, so I will go to Senator Lankford. OPENING STATEMENT OF SENATOR LANKFORD Senator Lankford. Mr. Chairman, thank you. To our witnesses, thank you very much for that. Mr. Smith, I want to go back to that last statement that you made about that journalism and media has become a platform for disinformation in many ways. How does that get turned around in your perspective? You have been around media your whole life. How do we get accurate information? This is one of the top questions that I get asked by people in my State, in Oklahoma: How do I find out the facts? Mr. Smith. I mean, for all the different complaints that we rightly have about the Internet and even social media, there are different trends that are happening as well. Of course, there are different alternative outlets. There are different journalists. There are different sources for people to follow. If we are talking about our national prestige media like the brands that I talked about in my opening statement, these brands, these brand names, will continue to exist for as long as they have people who own them who do not care how much money they make. How to make these particular brands responsible and accountable again to an American public that needs sound information, I do not know. But I am telling you there is real news out there. There are people who gather news and who disseminate news, and I think that those figures need to be encouraged. If you are talking about what people ask you back in Oklahoma, I would say that one of the central things is local news is very important. I am not sure that anyone needs to be competing entirely with the Post or the Times or CNN. Local news is very important for people to make those decisions right there and to figure out what they are doing, and then the national news will get to them as well. Senator Lankford. Thank you. Ms. Attkisson, I wanted to be able to ask you a question about what you experienced personally and what was experienced by multiple journalists. There was an AP story in 2018, actually September 2018, and I want to just read a clip of this AP story. It was asking this question, and it said, ``Trump may use extraordinary rhetoric to undermine trust in the press, but Obama arguably went farther--using extraordinary actions to block the flow of information to the public.'' ``The Obama Administration used the 1917 Espionage Act with unprecedented vigor, prosecuting more people under that law for leaking sensitive information to the public than all previous administrations combined. The Obama Justice Department dug into confidential communications between news organizations and their sources, as part of that effort.'' It went through and discusses the ``20 Associated Press office phone lines and reporters' home and cell phones, seizing them without notice, as part of an investigation,'' and then went into what actually happened to James Rosen as well at Fox News. You experienced this as well at CBS. My question to you is: What should be done to an entity or an agency to hold them to account? Because they were never held to account for literally intimidating the press and for tracking the press and for investigating journalists through this process, tapping cell phones and such. What should be done in that situation to be able to hold an administration to account? Ms. Attkisson. At a minimum one would think there would be an apology and the people who took part in these actions would no longer be in a position that they could ever work in the government again and do these types of things. But people see that nothing happened to them. Why should anybody change the way they operate? In my case, this was illegal action, so obviously they should be prosecuted. But who is the prosecutorial authority? The Department of Justice and FBI who are the ones implicated, and since they are not going to do the job, you have somebody like me just to sue them, trying to bring a case in court to force what the Department of Justice is supposed to do criminally, because they are not, and then they spend all this taxpayer money just dragging it out by trying to get the court to dismiss the case. I think because there is no accountability, time and time again--and they may say, ``Oh, people need more training''; ``we will reiterate our policies.'' This has happened over and over again, and they know, again, from administration to administration some of the same people, nothing ever happens to them so the behavior does not change. Senator Lankford. Mr. Brock, let me ask you a question as a follow-up to that. You have been around the FBI, been in the FBI, now retired from it. You still know a lot of agents. You know the process. What should and could be done to an agency or leadership or individuals when they have an abuse of power? How should the investigation be handled? What is missing, and why can't we seem to close the loop on these investigations? Mr. Brock. Some of what we are talking about today may not rise to criminal activity. Certainly violations of policy, departmental policy, violation of the Attorney General Guidelines, the executives involved were all fired, and with good reason, with cause. So there was some accountability there. What this Committee is doing, shedding light on the abuses that took place by this small kind of rogue band of executives at FBI headquarters, is vitally important. This is not the FBI I knew or worked in. This is not the FBI agents who worked tirelessly and analysts and other support personnel who worked tirelessly every day, for the good reasons that the FBI exists. This was a hijacking of the FBI. Again, giving respect to the Inspector General's conclusion of no bias, it is clear that there was bias involved by the text messages that were written by Peter Strzok and Lisa Page. It is clear by the statements made by former Director Comey and Deputy Director McCabe that they held a personal animus toward the President. There is no dispute on that. This investigation was clearly a malicious undertaking. Senator Lankford. The struggle that I have is I know a lot of great FBI agents that they are frustrated, disappointed, and, quite frankly, embarrassed for how leadership handled some of these investigations. They do not do it this way, and their statement over and over to me is, ``If I did as a line agent what James Comey did as a leader, I would have been fired and should have been fired.'' But they seem to be held to a different account than what leadership was being held to account in this. I do want to ask you one quick follow-up statement, and I think I know your answer on this, but I want to get clarification. James Comey said in his September 30 testimony before Judiciary that he was ``proud of the work'' done by Crossfire Hurricane--that was the investigation on President Trump, at that time Candidate Trump--and for the most part it was ``done by the book,'' was his word. I think for a lot of us, we were most shocked by his two words ``proud of it'' and it was ``by the book.'' Would you agree with either of those statements? Mr. Brock. I would not be proud of Crossfire Hurricane. I am proud of FBI agents, but, no, this was not done by the book, not even remotely. We keep saying it over and over again. The FBI cannot walk outside the door without articulating adequate predication to be able to interview a U.S. citizen, and we should all be concerned and vigilant that the FBI adheres to those policy guidelines. In this case they did not. Senator Lankford. Thank you. Thank you, Mr. Chairman. Chairman Johnson. I want to thank you, Senator Lankford, Senator Scott, and I think Senator Hawley is on by remote, for attending this. I think this is part of the problem. I think you all understand that I have not gotten a great deal of support for these investigations over the last 6 years. I think the attendance at this hearing shows that, and what I tried to point out with the lack of accountability of Eric Holder being held in contempt of Congress--Congress is a paper tiger. The reason these people are not held accountable is there is no way to hold them accountable. Who investigates the investigator? Who prosecutes the prosecutors? That is an enormous problem. And certainly what I have come to understand in the 6 years trying to do this, trying to get this out, obviously the bias in the media, the attacks that I have had to put up with, it does not bother me personally. It bothers me in terms of the reflection and the impact on our democracy and on our freedoms. This is serious. Yet we have a couple Senators attending this hearing. I have my Ranking Member saying this is not even an appropriate hearing for this Committee to have. That is the problem. Senator Scott. OPENING STATEMENT OF SENATOR SCOTT Senator Scott. Thank you, Chairman Johnson. I really do believe that Americans care about corruption and they want to make sure that their President is not involved in corruption. I believe also we need to have a full investigation of Hunter Biden and his relationship with the Ukraine. I think the public deserves to know how a Vice President of the United States was able to force a foreign government to stop investigating a company that was paying his son $83,000 a month. Ms. Attkisson, can you talk a little bit about what you uncovered with regard to Hunter Biden and Ukraine? And then after you talk about that, talk about why doesn't the mainstream media care about this, and are they going to care about this assuming Joe Biden is the next President of the United States? Ms. Attkisson, can you hear me? Ms. Attkisson. Now I can. Senator Scott. Could you hear me before? Ms. Attkisson. No. I am sorry. Senator Scott. OK. I will just say it again. It was not that long. First, I believe Americans care about corruption, and I believe that Americans do not want to see their President involved in corruption. I believe all along that we need to have a thorough investigation of Hunter Biden and his relationship in the Ukraine. I believe the public needs to know how a Vice President of the United States was able to stop a foreign government from investigating a company that was paying his son $83,000 a month. I mean, I think that this is whatever the facts are, the facts ought to come out. Ms. Attkisson, what have you learned about Hunter Biden and the Ukraine, No. 1? No. 2, why hasn't the mainstream media cared? Assuming that Joe Biden will become the next President of the United States, will they start caring? Ms. Attkisson. I have not done as deep a dive into the Hunter Biden question as other journalists who have written really good pieces, including left-leaning publications, starting about a year ago this time, were doing some great investigations. I think that can be attributed to the fact that at the time there must have been people putting out the narrative, as they say in the news, that did not want Joe Biden to be the nominee or wanted somebody else, so, therefore, even among left-leaning political figures and so on this was debated. But then once Joe Biden became the nominee, it evaporated, at least as a discussion among the liberal press and left-leaning figures, and it became supposedly a conspiracy theory by conservatives at that point, although it was quite well documented and covered previously. I learned that there are at the very least some very legitimate questions to ask about conflict of interest and potential conflict of interest. I learned that if you substituted the name ``Biden'' and ``Trump'' or ``Trump's children'' and ``Biden's children,'' I think you would undoubtedly have a very different kind of media coverage than the lack of interest and the advocacy that comes from some of the media that are trying to squelch the story, the discussion of it, aided by social media and powerful interests who do not want it talked about. Do I think it will change under a Biden Presidency? I do not think so. I think there will be some criticism in the popular press of Joe Biden when he comes under criticism by others in the left-leaning, again, press or political figures, maybe he is not doing the right things; but he is certainly not going to come under the same sort of scrutiny or attacks or the one-sided coverage that President Trump got. I have written books about this showing that the false coverage, not just the biased coverage but the media mistakes made all the way from the New York Times to the Washington Post and to CNN over and over again, just false reporting and false information, I do not think we are going to see that. I think in the campaign that was demonstrated that we will see a whole different kind of news coverage with Biden for reasons that I have explained, with news organizations--I agree with Lee--now largely taken over by narratives and propaganda. We have invited the special political and corporate interests to use us for their talking points and their distribution of narratives and story lines, and by and large, that is what many of us have become. Senator Scott. Ms. Attkisson, how can somebody who believes they are a legitimate journalist, like Wolf Blitzer or Jake Tapper, not care about this? I mean, they portrayed themselves to be legitimate journalists that want to get to the facts, hold people accountable; they are very clear they want to hold both sides accountable. How can they continue then to not care about something like Hunter Biden? Ms. Attkisson. I worked at CNN back when it was a news organization, back in 1990 to 1993, and we would not have dreamed of covering stories--I spoke to many former CNN insiders in the book that I just wrote. They are all horrified at the turn that this once very prestigious and fairly straight-down-the-middle news organization has taken. You have to understand, if you realize that the media landscape has now been successfully co-opted and we have invited them in--I say we have been infiltrated by these interests that want to turn us into these mouthpieces--then you understand that when you do that job, you put forth a narrative, even if it proves not to be true, that you are given promotions and attention and your views are then amplified by the like-minded media and social media, and it feels like you are doing everything right, your colleagues are patting you on the back, and it just sort of feeds up on itself. But it has evolved into a situation where it is not journalism certainly as I knew it and as I think many Americans, if you have been around long enough, thought of journalism. I think it is all being redefined right now and changed. Senator Scott. So take individuals like Jake Tapper and Wolf Blitzer. Can they actually go back to becoming legitimate journalists again? Or is it just the way it is set up with their producers and the way CNN works and it will never go back to a normal investigative and, a fair media outlet? Ms. Attkisson. A lot of people weighed in on that when I interviewed them recently, including former people who were executives at CNN and were there, part of the discussions about changing the way CNN worked into what it is today. I am not an expert on this, but a lot of people think that it is not going to be able to go back to what it once was. Even though there is a demand, even people who want to get their left-leaning news from CNN and maybe their right-leaning news from Fox or somewhere else, they still want a place they can go that they feel is just telling you the story where it leads and more down the middle. But the people I spoke to, to the extent these are news executives who worked in the industry, they do not feel, if they had to guess, that CNN can go back to what it was, but they also do not think it survives moving forward without Donald Trump the villain in the way that it has been doing the last 4 years. Senator Scott. Just pretty quickly, we have had these hearings recently about Twitter and Facebook and places like that where they censor conservatives, and then they allow the Ayatollah or Maduro or people like that do whatever they want. What do you all think the impact that has on our democracy when a conservative cannot having anything--say much on Twitter or Facebook, but Maduro in Venezuela who is committing genocide gets his own citizens, or the Ayatollah or the Communist Party of China can do whatever they want? What do you all think the impact of that is on our democracy and the ability of us to actually do our jobs? Mr. Smith. Would you like me to answer, Senator? Senator Scott. Sure. Mr. Smith. It is laughable, of course. I mean, they have, Ayatollah Khamenei who tweets all the time, and he gets away with ``Death to Israel,'' ``Death to the United States,'' and the President of the United States, if you look at his Twitter feed now, three-quarters of it is censored. What is not censored is it is marked with advisories. It is preposterous. People see this. I mean, this is the thing. This is getting through to people. Outside of Washington, outside of New York, outside of Los Angeles, people see it is a farce. They understand that not just the media, they understand social media, they understand that the game is tilted against them, and people are getting angrier and angrier. Do I care myself personally? I think it is obscene that they let, Khamenei and they let, the Iranian lunatics, the Islamic Republic post whatever they want, and American conservatives are thrown off there for something ridiculous. It is laughable. Right? The serious thing is happening in the real world, off of Twitter. Americans are seeing what is happening, which is--it is a blessing. That is a great thing. Ms. Attkisson. May I say one thing? Senator Scott. Sure. Ms. Attkisson. I feel like I have looked at this issue quite a bit, and there is danger in the notion that sometimes we say, those of us who do not like the censorship that social media is the heavy hand that they are now using, we say, ``Why aren't you censoring this because you are censoring that?'' I personally think as a journalist the tack ought to be do not censor anything except that which is illegal. In other words, do not invite them, do not accept that they have that role. They never had that role before 2016 when they were lobbied by political and corporate interests to do what I call are fake fact checks and to curate our information. They created a market or a demand to let us invite that in because we were not asking for it, and now that it is here, I think we have to be careful not to say, well, gee, if you just censor everybody equally, we will be happy. I think the whole trend is bad for everybody and that the goal ought to be hands off of our information. Senator Scott. I agree. That makes sense. Chairman Johnson. By the way, I do, too. If we modify Section 230, from my standpoint, you retain the liability protection for content that is uploaded and you limit the liability on their ability to censor, on the moderation. They have to publish what those policies are. They have to be completely transparent, and I think people should have a cause of action if they are censored, if they are de-monetized, if they are destroyed, by them not following the very transparent and very open policies. But, with that, I will turn it over to Senator Hawley, who has potentially other thoughts on that issue. OPENING STATEMENT OF SENAOR HAWLEY Senator Hawley. Yes, I am glad you raised this issue, Mr. Chairman. I could not agree more with what you just said or, Ms. Attkisson, with what you just said. I think it is absolutely vital, and maybe we will talk about this more in just a second, that the social media companies not be permitted to be the censors of the Nation. I do not want them censoring anybody, unless as you say, Ms. Attkisson, I think you are exactly right, unless it is illegal. I mean, if it is child pornography, sure. But if it is political speech, no. Why should we entrust Mark Zuckerberg with the power of censorship. You are right, Mr. Chairman, the way to do this is to give American citizens a private right of action. Let them sue over the content moderation decisions as it relates to censorship. That would clear this up I think really quickly. But that is, of course, exactly what the technology companies do not want. They do not want any change to Section 230. Mr. Brock, let me come to you, if I could, to talk just a little bit about the FISA process. This process requires, as I understand it, either the Director or the Deputy Director to certify every FISA application. Now, the Judiciary Committee, on which I also sit, has had Director Comey, former Director Comey, and former Deputy Director McCabe up before the Committee, and they have testified, in effect, that actually this certification process is just a formality. You know, they did not--neither of them-- they represented they really did not read the applications; they did not really take it that seriously. ``Oh, it is just a signature on a page.'' Is that your understanding of what the certification process amounts to and why it is in the statute? Mr. Brock. Not for this type of a case, Senator. It would be startling to me that an FBI Director and Deputy Director would treat a FISA application against a Presidential campaign in a nonchalant way. I would assume that they or at least their Chief of Staff, the Chief Counsel, would read it word by word and inform them to the deepest degree possible as to the nature and applicability of the FISA. If it was a normal FISA on a suspected intelligence officer of the FBI, that is one thing, fairly routine, fairly pro forma. But that is not what we are talking about here. So that stretches credulity that they would wave it off as, well, we just signed off on it as kind of in a rubber-stamp manner. That just is hard to fathom. Senator Hawley. As a former leader at the Bureau, Mr. Brock, just tell me what you think about what the FISA Court said when they rebuked the FBI directly and said that because of the misinformation and, in one case at least, outright falsehood that the Bureau submitted to that Court, to the FISA Court, as part of the FISA application process, because of those falsehoods and misinformation, the Court cannot trust the FBI's submissions in other cases that have nothing to do with Crossfire Hurricane. Have you ever heard of something like this happening? What does this say about the credibility of the FBI and what they have done in the Crossfire Hurricane case? Mr. Brock. This is part of the wake of damage that has been left by these executives, because you are exactly right, Senator, it calls into question every other FBI FISA application for vitally important cases, counterterrorism cases, life-and-death type of investigations. So it is tremendous damage. I do not think the Court was strong enough, frankly, in its condemnation of this activity. The Director's own words, Director Comey's own words that the dossier was salacious and unverified, and then two times after uttering those words, he signed off on a FISA application that was, by the FBI's own admission, but their own admission, dependent on that dossier for the probable cause. It is difficult to square what their thinking was and why they went forward like this, other than there was an ulterior motive there somewhere. Senator Hawley. Let me ask you about your testimony, your written testimony, in which you said that you are firmly of the view that there was insufficient evidence to justify opening the Crossfire Hurricane investigation. Tell us a little bit more about that. Mr. Brock. Yes, thank you, and I want to be clear here, because obviously I am taking a different position than what the Inspector General wrote in his report. But if you read that carefully, he interviewed the Crossfire Hurricane team members, and all of them spoke about the necessity of investigating Russian interference with the election. Nobody disputes that. That is clearly an FBI responsibility. Russia always tries to interfere with elections and other parts of our government activities. Nobody is disputing that. Crossfire Hurricane was a case that was opened against U.S. citizens, members of a Presidential campaign. Unprecedented. Never been done before. You would think it would be ``Handle With Care'' marked all over that decisionmaking process. But it does not appear that way. They literally took fourth-hand information--the FBI received information from a friendly foreign government, which we now know to be Australia, who in turn had a conversation with George Papadopoulos, who in turn received information, now known through Joseph Mifsud, that the Russians had suggested they had information damaging to the Clinton campaign. I am not sure how you rally all of that together to make sufficient predication for opening even a preliminary investigation, a limited investigation. They went ahead and opened a full investigation, which gave them the ability to use all of the FBI's investigative powers against U.S. citizens. As I pointed out earlier, not only were they relying on fourth- hand hearsay, embedded in those statements by the Australian diplomat were two exculpatory statements that should have stopped the show right then but did not. Senator Hawley. Right, and we now know that the source, the Steele dossier, which was the principal source for the FISA warrants--and we have heard testimony in the Judiciary Committee that the FISA warrants would not have issued had it not have been for the Steele dossier, and we now know the principal source for that was, in fact, a Russian agent, I mean, subject to a counterintelligence investigation by the FBI at the time they sought the warrants. I mean, it is just--you cannot make this stuff up. I mean, if this were a movie, you would say, oh, it is totally implausible. In fact, it actually happened. And that is why I continue to believe this is potentially the biggest scandal in the FBI's history. Let me ask you, though, you have talked about the care with which this investigation was handled. It seems like it was handled with a lot of care by a small, tight-knit group of people at FBI headquarters, spearheaded by Peter Strzok. You have also got McCabe in there very much driving this. And that is unusual, right? It is unusual for an investigation of this nature to be launched not from a field office but at FBI headquarters from a very small group of people. I mean, just tell us about that as someone who has been part of this process before. Why was the procedure here and the initiation, why was it unusual? Mr. Brock. Yes, it is hard to overstate how anomalous this behavior was, that they would, first of all, open up a counterintelligence investigation into a Presidential campaign without incredibly substantial justification, let alone thin; and then, second, to embargo that investigation onto the seventh floor of the FBI and run it out of headquarters. The reason why the FBI runs its investigations in field offices, not in headquarters, is because headquarters is close to the political flame of Washington, DC. They are there for a different purpose. They are not there for an investigative purpose. The field offices handle investigations. That is where the experience is. That is where the sobriety is in making a judgment about whether there is adequate predication under the Attorney General Guidelines exists. They took this into the seventh floor, out of the Director's office, and ran this rogue investigation, and I would be willing to--and this is speculation, admittedly, but I would be willing to wager that many of those executives involved in that investigation had never read the Attorney General Guidelines, did not understand them. Senator Hawley. Thank you for your service, Mr. Brock, and thank you for your testimony here. I will just say, Mr. Chairman, I know my time has expired, but based on the testimony that this Committee has collected and the sensitive investigation that you and the Committee have pursued and the testimony of the Judiciary Committee has heard, I think it is pretty clear that there was an enormous amount of care taken in opening this investigation, and it was done for political purposes. I think it becomes increasingly clear for all the reasons Mr. Brock has outlined, the violation of procedural norms, the outright lying to the FISA Court, this was done very deliberately. It was done by people who did not want Donald Trump to be President, who did not want the 2016 election results to stand, and they tried to weaponize the FBI to interfere in a Presidential election. Sadly, they succeeded, and that is going to go down, I think, as one of the great disgraces in American history, and this Committee and this Senate needs to make sure it never happens again. Thank you for your work on this, Mr. Chairman. Chairman Johnson. Senator Hawley, first of all, I agree with you. If you could stick around, I want to break protocol, because I actually want to turn you into a witness. But I want to make a point based on what Mr. Brock said, because, Mr. Brock, you said it is completely appropriate for the FBI to investigate Russian interference. They knew there was Russian interference going on in the fact that the Clinton campaign, the Democratic National Committee (DNC), paid for the Steele dossier, which they knew was Russian disinformation. I think this shows the jaw-dropping bias and unequal treatment of justice when they continue to pursue the Trump campaign where they had no evidence, they had exculpatory evidence, and they did not lift a finger to investigate what was happening with the Steele dossier and the Clinton campaign. But, Senator Hawley, the question I want to ask you, because I want to talk about the difficulty we have here in Congress investigating these things, the resistance I have had to getting documents, even out of the agencies under a Trump Republican administration. You had the ability to interview both Mr. Comey and Mr. McCabe, and, by the way, you did an excellent job with Mr. Dorsey and Mr. Zuckerberg, particularly because you had whistleblower information. You had documents, so you could ask them some pretty hard questions, pretty revealing questions. My big problem in bringing either Mr. Comey or Mr. McCabe, any of these characters, is we have not had the documents. Can you speak to trying to prepare for your judiciary hearing, interviewing both Mr. Comey and Mr. McCabe? I watched that. There were a couple interesting revelations. But because you did not have documents, because you could not ask them, well, what did you mean in this email, how much of that hampered your ability to actually question them when they were witnesses before your Committee? Senator Hawley. I think there is no doubt that the stonewalling--and I think that is the only word that you can reasonably use here. The stonewalling by the FBI at both the Judiciary Committee and this Committee in the investigation into Crossfire Hurricane and the origins here has absolutely hampered the investigation. Of course, that has been deliberate. They have withheld information from us. They have withheld documents. We have had to threaten; we have had to cajole; we have had to issue subpoenas in some cases. I mean, you know this. This is what you have been doing. So to not be able to have the source material--and I will tell you also, we have been told over and over the Durham report, well, Durham is handling this, wait for Durham. The Senate has an oversight responsibility of its own, and the public has a right to know. When a Presidential election has been interfered with and when the FBI has been leveraged by a political party, in this case the Clinton campaign in 2016 leveraging the FBI, the most powerful law enforcement body in the world, to interfere in a Presidential campaign, and successfully--they successfully did it--that is something that the Senate absolutely must investigate and has a right to know and the public has a right to be part of that process. I am afraid they have been effectively denied by the FBI itself, which to this day is refusing to turn over key documents and stonewalling and slow-walking. That is why I say, Mr. Chairman, it has just confirmed in me the conclusion that the FBI needs pretty fundamental reform. What Mr. Brock was just describing, a political atmosphere has clearly taken over in the upper echelons of the FBI, which is a great disservice to the field agents and the men and women who are out there on the line every day enforcing the law, investigating, bring criminals to justice. But you have this political group in Washington, DC, and what they are doing is dangerous. Chairman Johnson. You just set me up for my next question. I appreciate that. Again, I really appreciate you participating in this hearing and caring about it. We did not have a whole lot of participation. We have had a couple Democrat Senators blink on and blink off and not ask any questions, so they are not particularly inquisitive, and that is part of the problem. But I have made this comment a number of times, I have made this point, that when it comes to investigations about wrongdoing in the political realm, we do it completely backwards. Take a look at what happened. Take a look at the corruption that we now know about, about how long it took for us to get this level of knowledge of what happened. By the way, we are a long way from fully understanding this because of the resistance, because of the obstruction. But I would argue that the order of investigation ought to start--again, this is investigations within the political realm, wrongdoing there. It should start with congressional investigations. Congress ought to have access to all the information. I cannot tell you how many times the excuse has been given to me, when we have requested things, even under subpoena, that, we have an active criminal investigation, or we have a Special Counsel, or we have John Durham, he does not want you interfering with his investigation. The way this should work is, because from my standpoint it is so far more important to expose this so that the public understands what happened, to provide that accountability of public awareness as a deterrent, as opposed to a criminal prosecution and putting somebody in jail, because it like rarely happens anyway. I think Congress needs to first investigate, have access to all the information, and then if we see potential criminal activity, we refer those cases to the Justice Department. If there is a conflict there, then you set up a Special Counsel. We have done this completely backwards, and here we are 4 years later and we are only now starting to uncover the extent of the corruption and the corruption is incredibly troubling. It should trouble every Member of Congress, every U.S. Senator, every Member of this Committee, but it obviously does not, because apparently corruption is partisan. If it is corruption on the side of your party, not worried about it. I am worried about it regardless. Mr. Brock, I want to ask you the question, really, how much would it really hamper a criminal investigation if Congress had the same information? Mr. Brock. Yes, I appreciate your frustration, Senator. I think all of us are looking for a deep level of cooperation and transparency from the FBI. I am not here to second-guess the decisions they make because there is information I do not have access to that can mitigate certain decisions that are made or color certain decisions that are made. But the Nation is craving transparency right now, and I think it is better for the FBI to rip the Band-aid off, and if there are things that are embarrassing to the FBI that have to be revealed, then let us get it over with. The Bureau has taken a beating over the last 3 or 4 years at the hands of some bad actors. There is no shame in that. There were some poor decisions made. Whether politically biased or not, they were poor decisions that dramatically impacted the American trust in the FBI. So let us restore that. The best road to that is complete transparency. I would encourage that. I would also encourage frankly--and this is a challenge to Congress. I think we have an inadequate description of what corruption means, political corruption means. Right now Federal law is fairly narrow. There are anti-bribery laws, and beyond that it is hard to really get at corrupt activity. Maybe we need a new definition. If there are family members that are being enriched because of someone being in office, if there are loans being forgiven of political officers, and it is difficult to prosecute that, maybe we need a new definition of corruption and new laws. It might be difficult for Congress to pass that type of legislation, but right now it is frustrating for the FBI to see a lot of corrupt activity and not really be able to take much action against it. Other criminal violations wound the flesh. Corruption wounds the soul of this Nation. It is eating away at us right now in a very partisan way, as you point out, Senator. I would encourage opening the aperture and looking at different activity and deciding whether or not we can tolerate that as corrupt activity in our country. Chairman Johnson. So not being an attorney, one thing I was surprised to find out in these investigations, particularly as it relates to the glaring conflict of interest of Hunter Biden being on Burisma's board, is we have no laws but we have regulations within the State Department against conflict of interest. They just do not apply to the Vice President and the President. Maybe we ought to at least change those regulations, if not write a law. But, again, I want to drill down really in terms of potential harm on a criminal investigation and prosecution if Congress gets this information. Now, again, I have never investigated anything other than, in my workplace, so I have learned a fair amount of kind of how you go about doing this, and it makes sense that if you really want to go after the kingpin, you start interviewing people lower in the organization. You do not necessarily want the kingpin to know what you are finding out. Mr. Brock. Correct. Chairman Johnson. So to me, that is the greatest harm that could occur against a criminal investigation if all this is made public in Congress. But I would argue that is well worth the harm to a potential criminal--because, let us face it, information is information. Now, maybe the kingpin is going to learn a little bit more about how we ought to lie to investigators by what he is hearing. But facts are facts, and you can still potentially successfully prosecute somebody and convict them even with just the facts. So am I right? Is that the way that having Congress access to this information, having the public aware of this, is that really the main harm that I might cause a criminal investigation? From my standpoint, that is not worth withholding information from the public and certainly not 4 years. Mr. Brock. Understood, and thank you for that clarification. I understand your question better now. There is a traditional concern, obviously, and a tension that when you are bringing criminal charges against someone, that they have the opportunity for a fair trial, because that person may be acquitted, may be found innocent, or not guilty at least. There is a concern that a presumptive or premature release of information where there is a risk that that information might be leaked out somehow, that it could bias or impact a potential prosecution and a subject's determination of guilt or innocence. I would agree with you that I think there are circumstances where information can be securely shared with Congress. That has been proven through the classified committees in this Congress that they can keep secrets. If there is some mechanism that can be put in place to extend that assurance, then your argument is valid. Chairman Johnson. Again, the point I am making is I am willing to sacrifice the conviction for the public exposure in wrongdoing in the political realm. Again, as you said, a lot of this stuff might not, probably does not rise to a criminal act. But it is certainly wrongdoing. It is certainly a glaring conflict of interest. It is certainly a problem when it comes to counterterrorism issues, potential extortion. That was the whole reason that the FBI said, well--and political figures, we have to investigate these potential ties to Russia to Trump because imagine the blackmail that could be perpetrated against the Trump administration. The same thing is there in terms of a Biden administration as well, and then some. What we found out about connections to China Energy (CEFC), how that is tied to the Chinese Government, I mean, a large company just all of a sudden off the face of the Earth. This is troubling, and it just amazes me how the press has just turned a blind eye to it. I want to continue to drill down a little bit on the FBI because I am disappointed. I hate to say this, but I am very disappointed in Director Wray's inability to restore credibility and integrity to the FBI. I just am. I think the only way that can happen was total transparency, and he has not been totally transparent. I do not know whether you ever briefed Congress, but I know when we had the Director before our Committee in our annual threat hearing, at the tail end of that I asked him a couple questions, and the question I had for him--because he would always say, ``Well, this happening before I became Director, a lot of this.'' Here is something that happened under his watch, again, the predicate being we found out that the FBI knew the primary subsource was a suspected Russian agent. They knew that the Hillary Clinton campaign bought and paid for the Steele dossier. They knew there was Russian disinformation in that. They knew that as of January 2017. They knew all of that. In March 2018, I believe it was, members of the FBI--we have the documents of how they were preparing to brief and they did brief the Senate Intelligence Committee and represented that the Steele dossier was reliable. How can that happen? I asked that to the Director. I did not get a very good response. I mean, do you understand how that could happen? This is more than a year later after the FBI knew full well the Steele dossier was far from reliable. Of course, James Comey always said it was salacious and unverified. Mr. Brock. Senator, I am going to choose my words carefully here. Obviously, my interests are to restore the credibility of the FBI and the American people. Christopher Wray I think has done a very good job of advancing a level of trust. I do agree--and I think there is frustration among retired agents and even agents that are currently in the FBI--that there should be an urgency to be transparent as nearly as possible. But, again, I say I do not know all the facts. I do not have visibility into some of the sources that may need protecting. There are entirely viable reasons. I cannot second-guess that. I do think that it is irresponsible to hear calls for Director Wray's removal unless there is specific cause, like there was for William Sessions or James Comey. I do not see any of that. There may be frustration with the pace of how the FBI was responding and pressure should be kept on. The FBI is used to that. They should be held to account. They should be called to testify and explain themselves. But there are factors that can come into play here. Chairman Johnson. Just to show you these again, do you think this is acceptable? Mr. Brock. No, and I think what you are running into there, Senator, frankly--and this is something that they should be called to account for--you have a unit or a section inside FBI headquarters that is doing that kind of redacting. They are following protocols that are lined out for them, and these are lower-level general schedule (GS) employees that are making these decisions. I do not know to what extent that is reviewed by higher-ups, but when I see something like that, my first instinct is that is just somebody following the rulebook and not giving a lot of thought. Chairman Johnson. But that is a convenient excuse for the people at the top to continue to obstruct. Mr. Smith. I would be happy to talk about what I know about Director Wray from my reporting. I would be happy to talk about it. Chairman Johnson. OK, because I have got kind of one final question for the journalists, but go ahead, Mr. Smith. Mr. Smith. Yes, I mean, Director Wray has been withholding documents since virtually the time he started. I know from my reporting the plot against the President that Director Wray and Rod Rosenstein both went in, and they asked the then-Speaker to not give away any documents. He is doing the same thing--he did the same thing in the spring and summer regarding the Michael Flynn case. Director Wray is anything else but an exemplum of transparency. There is a real problem there. Chairman Johnson. That I know. I guess my final set of questions here--I do not want to keep people any longer than we need to. We have heard just a drumbeat. As I mentioned in my opening comments, I have been accused, Senator Grassley has been accused, falsely, completely falsely, no proof because there is no proof, of accepting, probably soliciting Russian disinformation and disseminating it through these investigations. Again, nothing could be further from the truth. But that is the weapon they have been using time and time again. It has worked. It has worked, unfortunately, because the press carries the water and they keep the drumbeat up. In particular, they always talk about Russian interference in the 2016 election--which, by the way, I do not deny, I do not condone. I was way ahead of the curve here in my Subcommittee in Senate Foreign Relations, the European Subcommittee. I held hearings on Russian disinformation, Russian interference, an attempted coup in Montenegro in Europe. This is what they do. They are always going to do it. We always have to be on guard. But what I want to ask the two journalists, putting things in perspective--I do not know how much Russia paid for Facebook ads. I do not know what impact hacking the DNC server and distributing apparently true emails, by the way, accurate emails, I do not know what impact that had, but I would say it pales--the impact of Russian interference in our politics and our elections pales in comparison to the impact that Jack Dorsey denies of Twitter, of his censorship, of Facebook's censorship, of the extreme bias in the media. I will start with Ms. Attkisson. Do you agree with that assessment, that the interference, the ability of media and social media to impact our politics, impact our elections vastly, vastly outperforms anything that Russia or a foreign power could potentially do? Again, real quick, Ted Cruz asked Jack Dorsey, ``Do you have the ability to impact our politics?'' He said, ``No.'' I followed up. You all agree that Russia can use your platforms and influence our politics, which is why you are on guard, why you put these controls in place. You do not agree that you in using your own platforms in censorship, in search manipulation, you cannot affect our politics? They just all say no. It is astounding. But, Ms. Attkisson, what do you think of that? Ms. Attkisson. Only from what I have read with the final assessment on what Russia did in terms of purchasing some Facebook ads and so on, absolutely, I mean, there is no denying that in any way. The difference is one is considered a foreign national security threat and I assume is illegal, not that we can really yank people out of Russia and prosecute them. But the other, unless it is viewed through a lens that I do not understand, is a legal way of manipulating public opinion or shaping public opinion and information. I think that is the hard part about attacking it. The interests that are responsible for convincing Big Tech in 2016 to start taking this role that they were not interested in prior to that, the political and corporate interests understand how powerful this is and have exploited it in a very dangerous way that tends to potentially impact pretty much everything we see and hear and read and can access. I will end the answer to the question by saying I do think there are smart people working on solutions to this problem. There are investors and journalists and technical experts who are trying to make it where there will be platforms using perhaps blockchain technology and things I do not fully understand whereby information can be exchanged in a way that you are not de-platformed if you share the truth or you share a peer-reviewed published study that these powerful interests do not want you to read. I think some solutions and alternatives we will see in the next 4 years. The question is, in the meantime we have this very managed and controlled news and Internet environment that we are trying to grapple with. Chairman Johnson. You brought up an issue. I do not think enough Americans really understand the economic power in terms of--like small businesses. I have had to intercede a number of times for people who have been de-monetized or they have shut down their platforms, whether it is on Facebook or Twitter or wherever. These companies are out there to--it is kind of like if AT&T back in the 1950s said, ``We are not going to let you use our phones anymore.'' That could destroy a business overnight. Now, AT&T did not do that, but Facebook and these social media companies are. Mr. Smith, do you---- Ms. Attkisson. May I quickly address how that impacts the news industry? Because I quoted an international news executive, not by name, but who spoke to me for my last book, who gave a very chilling quote, and he said--because of the fear of being de-platformed by these social media companies and the organized interests coming after you on social media appearing to generate an astroturf campaign against you, this guy said, ``The newsman in me want to report the truth, but the businessman in me says pull your punches, because what sort of Pyrrhic victory would it be to be able to publish something only to be de-platformed and have no outlet at all.'' If you can imagine news organizations now withholding what they see as the truth or honest reporting for fear of the Big Tech companies and social media coming after them or de-platforming them, then you get a sense of how effective this is at managing the news that we see. Chairman Johnson. One thing I just found out, to build on that point, I do not know exactly how this works, but apparently--I found this out from Dr. Robert Epstein who has been monitoring Google's influence on the campaigns--that, for example, the New York Post allows Google to read their gmail. It is kind of part of the deal so they do not get de-listed, so they can be up there in the search results. But, Mr. Smith, do you want to just speak to the point I made about the impact that social media and media have compared to foreign influence. Mr. Smith. Yes, I mean, Twitter notoriously buried the Hunter Biden story. They buried the New York Post reporting on the Biden family and their relationships with foreign officials in Ukraine and China. This is the actual election interference. They are shaping elections. Let me talk about 2016. It did not happen on Facebook with the Russians. The election was shaped, the issue is not Russian disinformation. The issue in 2016 was Clinton campaign disinformation. That was the fundamental thing, and that is what they were trying to do. They were trying to shape the election, and then, of course, not just the election but the transition team and the Presidency as well. I just wanted to say two other things, and that is I definitely agree with Sharyl about what is happening. If you see sometimes what appears to be random on Twitter or Facebook or other social media platforms, they will scold someone, they will suspend someone temporarily and then bring them back. This is meant to draw invisible red lines or disappearing red lines. People do not know exactly what they are not supposed to say. They are effectively being schooled to censor themselves. This is a very dangerous thing. I 100 percent agree with that. The last thing I wanted to say, Chairman, I am sorry that there is not more general interest. I know that many Americans find this incredibly important. I also want to say as a journalist, the work that you and this Committee have done, everything from putting out the Strzok-Page emails to the Hunter Biden conflict-of-interest document, it has been extremely important. There are lots of researchers out there, lots of serious journalists who are doing real work, and we thank you for the important and vital work that this Committee has done without which there is just different things we would not know. Really, the amount of research that has gone into your products, I commend you for it and thank you for it. Chairman Johnson. I appreciate that. One final point. What I learned from Dr. Epstein after this election, in his monitoring he found out that Google was only sending reminders to get out to vote to their liberal subscribers. Until he sent an email to the New York Post, knowing that Google would be watching that, saying that he had discovered this, then all of a sudden they started sending that reminder out to everybody so apparently they would not get caught. The final point I will make is, I have gone into Eastern Europe, the former Soviet Union countries, and it is true, one of the main things we emphasize there is anticorruption. Of course, part of the corruption is what we always talk about, the oligarch ownership of the media. We talk about it. How can we prevent the oligarchs from controlling the media and controlling the political message in, for example, Ukraine and other countries. It was not long before I kind of started realizing, maybe we are the pot calling the kettle black here. We just do not call our media moguls ``oligarchs.'' We call them ``billionaires.'' But isn't that part of the same problem, Ms. Attkisson? Isn't that true? I mean, our media giants, the people that control it, these are American oligarchs. They are American billionaires and moguls, and they exert way too much power that we need to figure out how to rein in. Ms. Attkisson? Ms. Attkisson. I have not explored the business aspect. I know that is a common thought. I cannot speak authoritatively to that. The problems I track have more to do with outside influences, both political and corporate, understanding the first two decades of this century, very clever ways to get their nose under the tent at news organizations and get their people hired and use nonprofits and LLCs and crisis management firms and global law firms to shape what we do effectively and shape the terms of what we talk about, the language we use, the stories we do not report. Then in 2016, after, in my view, they had effectively controlled much of the news landscape, they saw we could still get unfettered access to information online, so they set about in a very organized fashion to attack that source of information as well. That is where we are today. Chairman Johnson. Mr. Smith, do you have any final comments? Mr. Smith. No. I agree 100 percent with that, and that is why I say that what we are looking at in the media now is not simply about partisanship. They are serving as a platform, as a sword and shield for the oligarchs. You are absolutely correct. If you look at the major Washington media press organizations, the Washington Post and the Atlantic, this is precisely what is going on. It is not just political partisanship. These are platforms for oligarchs, tech oligarchs. Chairman Johnson. Mr. Brock, do you have any closing comments? Mr. Brock. That is a little out of my swim lane, but I will say---- Chairman Johnson. I am just saying in general in terms of the hearing. Mr. Brock. Yes, in general, let me just add on, information is commerce. I encourage Congress to look at ways to look at control of information like they looked at monopoly and trust busting in the early part of the 20th century. Advocacy journalism, which is what we are stuck with right now, is a money maker, and it depends on clicks, it depends on--and so you are going to have people exercising overt censorship and the soft censorship that Ms. Attkisson talked about of de- platforming people and burying things so that they cannot go viral. Overall, thank you for the opportunity, Senator. Your work here on the Committee, as Lee mentioned, is very important in exposing the bad actions that were taken by a few individuals in the FBI and the damage that they did as a result to the lives of U.S. citizens. Chairman Johnson. Again, I want to thank all the witnesses for just what you do in your careers, what you have contributed to our republic, and as Benjamin Franklin so famously said, it is a republic if we can keep it. That is a real concern when we see what is happening here. The abuse of power, I am highly concerned. It is disappointing we did not have greater attendance. I want to thank all my colleagues who did attend and asked some pretty thoughtful questions. Again, I want thank you for your thoughtful testimony. I will say what I intend to do is we have a pretty good editor that will hopefully condense down the best parts and edit this down. Maybe we will get more eyeballs on this hearing. I think it is extremely important that we do so. We did that with my hearing from November 19th that was all-- should have been all about the early treatment of COVID. I mean, what could make more sense, like Tamiflu? Yet the attacks on that hearing were just jaw-dropping, to the point where the minority witness wrote an op-ed attacking eminently qualified doctors who are risking their lives treating COVID patients, and, wrote an op-ed to the New York Times which they ran and then they headlined it, ``The Snake-Oil Salesmen of the Senate.'' Not just salesman. I mean, that is me, that goes with the territory to be attacking me. But to be attacking the vice chair of medicine from Baylor, a senior professor of epidemiology from Yale, a doctor who has practiced for 50 years and treated over 1,000 high-risk COVID patients, attacking them that way. I hope all of you do not get attacked for participating in what I think is an incredibly important hearing. Thank you very much for your patriotism in doing so. Thank you for your testimony. I am asking that all the documents from a press release that both myself and Senator Grassley released today, that they be entered into the record.\1\ --------------------------------------------------------------------------- \1\ The documents referenced by Senator Johnson appears in the Appendix on page 106. --------------------------------------------------------------------------- I will also say that the hearing record will remain open for 15 days until December 18th, 5 p.m. for submission of statements and questions for the record. This hearing is adjourned. [Whereupon, at 11:51 a.m., the Committee was adjourned.] A P P E N D I X ---------- [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]