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US, Department of Justice Office of Legislative Aftirs ‘iso he Asi Atoey Geral Woshngion BG 20590 Jamuary 24, 2018 ‘the Honorable Devin Nunes Chairman Permanent Select Committe on Intelligence U.S. House of Representatives ‘Washington, DC 20815 Dear Mr. Chairman: ‘Recent news reports indicate a classified memorandum prepared by House Permanent Select Commitee on Intelligence (HPSCI or Committee) staff alleges abuses atthe Department ‘of Justice (Department) and the Federal Bureau of Investigation (FBI) inthe FISA process. We ‘understand many members ofthe House of Representatives have viewed this memorandum and ‘that it has raised concems. As you know, we have provide HPSCI with more than 1,000 pages of classified documents relating tothe FIIs relationship, if any, witha source and its relianee, if any, on information provided by thet source. Media reports indicate that the Committe's memoranda contains highly classified material confidentially provided by the Department to the Committee ina secure facility.” ‘The Department takes any allegation of abuse of our justice system by Department ‘employees seriously. Further, we assume that HPSCI members want to provide evidence of any specific allegation of misconduct to Department officials so that we may take appropriate action, ‘The rule of law depends on the confidence ofthe American people that our prosecutors and investigators apply the law fairly and without bias or regard for politcal influence. Though we are curently unaware of any wrongdoing relating (othe FISA process, we agree that any abuse of that system cannot be tolerated. "To dae, the Deparment has provided deed beings and made avallabe to HPSC documents requested spat ‘of fs investignton ito Russian infuence nthe 2016 elton. The terms of access sulted that review of the ocaments would bo lined tothe Chairman or his designe, the Ranking Member or his desigce, sod two soft ‘membors each. (Me. Gowdy eevewed the dciments forthe majory. Mr. Schiff reviewed the document for he ‘minority Other somites a jarsdton-dhe Senate Select Commitee on neligenee, the Senate Commitee on ‘he Jil, and the House Commitee on the Joicary—bave accepted similar procedural safeguars to protect ‘galas improper assertion a ioeraion ‘The Honorable Devin Nunes Page Two In addition, we have also heard that HPSCI is considering making the classified ‘memorandum available tothe public and the media, an unprecedented action, We believe it ‘would be extraordinarily reckless forthe Committe to disclose such information publicly Without giving the Department and the FBI the opportunity to review the memorandum and to advise the HPSCI ofthe risk of harm to national security and to ongoing investigations that could come from public release. Indeed, we do not understand why the Committee would possibly seek to disclose classified and law enforcement sensitive information without frst cmsulting twit the relevant members af the Intelligence Comminity Seeking Committee approval of public release would require HPSCI committee members to vote oma staf-drafted memorandum that purports to be based on clasified source materials that neither you nor most of them have seen. Given HPSCI's important role in overseeing the nation’s intelligence community, you well understand the damaging impact that the release of

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