Grassley, Johnson Seek Answers from Justice Departmenton Immunity, Proffer Policy, Investigations

WASHINGTON - Senators Chuck Grassley and Ron Johnson, chairmen of the Judiciary and the Homeland Security and Government Affairs committees, are seeking answers from U.S. Attorney General Loretta Lynch about whether the Justice Department would deem a proffer session as a waiver of a witness's Fifth Amendment rights and whether the department has an ongoing criminal inquiry related to the witness.

The letter to Lynch comes after the attorneys for Bryan Pagliano, the former State Department employee responsible for servicing the private server of former Secretary of State Hillary Clinton, indicated that if he were compelled to testify, he would invoke his Fifth Amendment rights.  The attorneys then responded to a subsequent request from Grassley and Johnson for a private discussion, known as a proffer session, so the committees could better understand what Pagliano's testimony would be if he were immunized and compelled to testify.  Pagliano's attorneys replied that, among other things, any proffer session on the part of Pagliano or his attorneys may create a risk that he will later be deemed to have waived his constitutional protections.

Grassley and Johnson said that while the Justice Department generally prefers not to talk about ongoing cases, the information they are asking for is critical to help their committees make an informed decision about whether or not to exercise their statutory authority to seek an immunity order to obtain Pagliano's testimony for congressional oversight purposes.  The senators said that understanding the precise nature of the FBI's inquiry into the use of the non-government server that was used to send or receive classified content by Clinton, the Justice Department's view of Pagliano's role in that inquiry, and the impact of any potential immunity order are important considerations for the committees as well as the department.

The senators added that whether to compel Pagliano's testimony is an important decision that their committees are not taking lightly, and obtaining information from the Justice Department will help to inform that decision-making process.

A copy of the text of the letter to Lynch is here.  The signed copy can be found here.

Grassley in Bipartisan Push Urging Administration to Address Currency Manipulation in Trade Talks

 

WASHINGTON – Sen. Chuck Grassley of Iowa is part of a bipartisan group of senators urging United States Trade Representative Michael Froman and U.S. Treasury Secretary Jack Lew to more aggressively address currency issues in the ongoing Trans-Pacific Partnership (TPP) negotiations. In a letter to Froman and Lew, Grassley and his fellow senators requested an update on the Administration's efforts to address currency issues and reiterated concerns regarding foreign countries devaluing their currency.

"As you know, we have long been concerned about currency issues, which directly impact the competitiveness of workers in our states and across the country.  However, recently China devalued its currency by over 4 percent," Grassley and colleagues including Sens. Rob Portman (R-Ohio) and Sherrod Brown (D-Ohio) wrote.

"We fear these recent currency interventions could lead to a pattern of competitive devaluation within the Asia-Pacific that could hurt U.S. workers and exports for years to come," they continued.

The senators have repeatedly called for TPP negotiations to include strong provisions that address currency manipulation, which hurts U.S. auto exports and workers.

Along with Grassley, Portman and Brown, today's letter was also signed by Sens. Debbie Stabenow (D-Mich.), Lindsey Graham (R-S.C.), Richard Burr (R-N.C.) and Jeff Sessions (R-Ala.).

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

The Senate Committee on the Judiciary has scheduled a hearing entitled "Reforming the Electronic Communications Privacy Act" for Wednesday, September 16 at 10:15 a.m., in Room 226 of the Dirksen Senate Office Building.

 

By order of the Chairman.

 

Hearing before the
Senate Committee on the Judiciary

On

 

"Reforming the Electronic Communications Privacy Act"

 

Wednesday, September 16, 2015

Dirksen Senate Office Building, Room 226

10:15 a.m.

 

Panel I

Ms. Elana Tyrangiel

Principal Deputy Assistant Attorney General

Office of Legal Policy

U.S. Department of Justice

Washington, D.C.

 

Mr. Andrew Ceresney

Director

Division of Enforcement

U.S. Securities and Exchange Commission

Washington, D.C.

 

Mr. Daniel Salsburg

Chief Counsel

Office of Technology, Research and Investigation, Bureau of Consumer Protection

Federal Trade Commission

Washington, D.C.

 

 

Panel II

Mr. Richard Littlehale

Assistant Special Agent in Charge

Technical Service Unit

Tennessee Bureau of Investigation

Nashville, TN

 

Mr. Richard Salgado

Director, Law Enforcement and Information Security

Google, Inc.

Mountain View, CA

 

Mr. Chris Calabrese

Vice President, Policy

Center for Democracy & Technology

Washington, D.C.

 

Ms. Victoria A. Espinel

President and Chief Executive Officer

BSA | The Software Alliance

Washington D.C.

Senator Chuck Grassley made the following statement on the anniversary of the September 11, 2001, attacks on America.

"Every September 11 brings back a flood of memories, including how America stood strong while terrorists sought to destroy our way of life.  Today we remember the horrific events and those who lost their lives that day, we honor the brave first responders who put their own lives on the line to help others, and we praise the sacrifices being made by our military men and women and their families who continue to fight those who want to do our country harm."

Senators Concerned About Continued Delays for Public Safety Officer Survivors

WASHINGTON - As the United States remembers the victims of Sept. 11, 2001, and honors the courageous first responders who ran toward the scene, Senators Chuck Grassley of Iowa, Kelly Ayotte of New Hampshire, and Claire McCaskill of Missouri, are expressing concern about continued delays in the Justice Department's processing of benefits for the survivors of public safety officers who die in the line of duty.  The senators are pushing the department for an update on its efforts to process the backlog of claims.

In a letter to Assistant Attorney General Karol Mason, the senators referenced a July 2015 inspector general report that found delays in processing claims for survivors were ongoing despite recommendations from a previous inspector general report and a 2009 Government Accountability Office report.

The inspector general found that the delays were caused in part by inadequate application guidance provided by the PSOB Office to applicants and the PSOB Office not adequately documenting the basis of its initial determinations.

As of June, surviving benefit claims from all 50 states in addition to Puerto Rico and Guam were pending and some claims had been pending for more than three years.

Grassley Presses for Update on "Going Dark" Developments

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley is pressing the Justice Department to provide an update on recent legal developments regarding encryption technology.

In July, Grassley led a hearing in the Judiciary Committee to jump-start a conversation in the Senate about whether recent changes in the use of encryption technology have upset the balance between public safety and privacy by preventing law enforcement from obtaining evidence with court-authorized warrants in important national security and criminal investigations.  Next week, the committee will also hold a hearing about reforming the Electronic Communications Privacy Act.  The hearing will explore potential updates to the legal framework that protects email users and technology providers, including a "warrant for content" requirement, and the impact of those changes on the law enforcement community.

"The only way we're going to reach a resolution on encryption that protects national security and privacy is to have an open and honest conversation.  That includes keeping Congress informed about what's going on," Grassley said.

Grassley's letter to Deputy Attorney General Sally Yates references a recent article in the New York Times that said the Justice Department allegedly sought and obtained a court order to require a technology company to turn over text messages between suspects in a case involving guns and drugs.  According to the article, the department has not pursued the matter after the company said it could not comply because the messages were encrypted.

Here is a copy of the text of Grassley's letter.  A signed copy can be found here.

Senate Passes Bill to Help Individuals With Disabilities Set Up Special Needs Trusts

WASHINGTON - The Senate has passed bipartisan legislation from Sen. Chuck Grassley of Iowa, Sen. Bill Nelson of Florida and Sen. Debbie Stabenow of Michigan to make it easier for individuals with disabilities to set up a special needs trust for themselves.  Under current law, these individuals cannot set up such a trust.  This bill fixes that discriminatory exclusion.

"Those who want and need to set up a trust to help pay for their care shouldn't have to jump through hoops to do it," Grassley said.  "This bill allows individuals to act in their own interests with their own assets without having to rely on a family member or the courts."

"Going this extra step to help persons with special needs is the right thing to do," said Nelson.

"People with disabilities deserve to be treated with dignity, which includes having control of their own care," said Stabenow. "This bill will help individuals manage their own finances while still having access to critical benefits like Medicare."

The Senate passed the Special Needs Trust Fairness Act (S. 349) by unanimous consent this week.   A companion bill is pending in the House of Representatives.

A special needs trust allows for a person with special needs to manage his or her assets without compromising access to certain government benefits, primarily Medicaid and Supplemental Security Income (SSI).  To qualify for SSI, which helps low income people with special needs, an individual with personal assets greater than $2,000 is required to put those assets in a special needs trust.  Under current law, the individual must rely on a parent, grandparent or the court to create such a trust.  Court costs might consume assets that otherwise could be used for the individual's care, and family members might not be available.  The bill removes the unfair burdens on individuals simply seeking to manage their own assets.

The Finance Committee passed the Special Needs Trust Fairness Act in June.  Grassley, Nelson and Stabenow serve on the committee.  Grassley is a senior member and former chairman.

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Iran deal debate takes on partisanship, despite bipartisan sentiment

Sen. Chuck Grassley of Iowa today made the following comment on the Senate procedural vote of 58 to 42 that fell short of cutting off a Democratic filibuster of a resolution to disapprove the Iran nuclear deal.

"Just a few months ago, in May, the Senate voted 98 to 1 for the Iran Nuclear Agreement Review Act of 2015.  The bill was bipartisan in sponsorship, and the vote to approve it was bipartisan.  The Senate voted overwhelmingly to review the Iran deal on the merits.  A few months later, the Democrats' desire to consider and vote on this agreement disappeared.  The Senate's status as a deliberative body and a check and balance on the executive branch of government disappeared this afternoon.  The Iran deal is bad for the national security of the United States and for that of our allies around the world.  If anything needs scrutiny, it's the Iran deal.  A lot of senators agree the deal is badly flawed.  A bipartisan majority opposes it.  The opposition to move to debate today was partisan, even though the opposition to the deal is not."

Drug use survey shows disappointing results; marijuana use on the rise

Sen. Chuck Grassley of Iowa, Chairman of the Judiciary Committee and the Caucus on International Narcotics Control, today made the following comment on the Results from the 2014 National Survey on Drug Use and Health from the federal Substance Abuse and Mental Health Services Administration (SAMHSA).  The survey shows illicit drug use is at a 13-year high. Overall drug use has increased from the past year, fueled mostly by an increase in marijuana use.

"It's disturbing to see yet more increases in illegal drug use.  Unfortunately, it's not at all surprising that the recreational use of marijuana use is on the rise under an Administration that refuses to enforce federal law in this area and downplays the risks associated with using marijuana.  Additionally, the nonmedical use of prescription pain relievers is also driving this increase.  We need to continue to look at ways to fight pain reliever over-prescription and abuse.  The reinstatement of the federal drug take-back program, which I advocated, will help prevent the diversion of these drugs by teen-agers and others.  Finally, methamphetamine use has remained steady throughout the nation, and the drug continues to be a problem in Iowa.  Latest data indicate that meth labs are at an all-time low in Iowa, but treatment admissions are at an all-time high. This indicates that more meth is being trafficked into Iowa from other places, especially through the Southwest border.  I'll continue to look at ways to prevent meth trafficking."

The survey results are available here.

Floor Statement of Senator Chuck Grassley

Iran Nuclear Agreement Resolution

Thursday September 10, 2015

This is a critically important debate on a nuclear deal that will have long-lasting impacts on our national security and the security of our friends and allies.

This debate is happening because ninety-eight Senators expressed the desire to have a say on this agreement.

This process will allow the American people to speak through their elected representatives, and I can say, the American people overwhelming oppose this deal.

New public opinion polls released in just the last few days indicate that Americans in general are opposed to this deal by a margin of 2 to 1.  Only 21 percent support this deal.

I participated in meetings with constituents in twenty-five of Iowa's counties during the August work period.

The message I received was overwhelming in opposition to this deal.

That's the same message I'm hearing from Iowans who have written or called since the deal was announced in July.

After many weeks of studying the terms of the Iranian deal, hearing from experts, attending classified briefings and engaging in dialogue with my constituents, my initial skepticisms have been confirmed.

I've come to the conclusion that the deal presented to us is a bad deal that will not increase our national security or the security of our friends and allies, and it should be rejected.

The United States began the negotiations from a position of real strength.  The international sanctions were hurting Iran and it wanted out from under them.

The sanctions regime that Congress put in place, over the objections of President Obama, drove Iran to the negotiating table.

The Administration, leading up to negotiations and throughout the process, outlined the conditions for a good deal.

President Obama and Secretary Kerry both made important statements about the goal of the negotiations - the goal was to dismantle Iran's nuclear program.

Secretary Kerry himself said, in the fall of 2013, that Iran has "no right to enrich" and that a good deal with Iran would "help Iran dismantle its nuclear program."

Despite assurances that the deal would include "anytime, anywhere" inspections, the deal falls short.

President Obama negotiated away from these positions over the course of the negotiations.

This deal accepts and legitimizes Iran as a nuclear threshold state.

Iran will not dismantle many important parts of its uranium enrichment infrastructure, contrary to past U.S. policy that Iran not be allowed to enrich.

And, Iran is permitted to continue a vast research and development program.

Many of the significant limitations expire after ten years, leaving Iran an internationally legitimate nuclear program.

Iran could fully abide by this deal and be a nuclear threshold state.  This is all contrary to the initial goal Obama announced.

With regard to inspections, international inspectors will not have "anytime, anywhere" access - they will have "managed access."

In fact, the deal provides Iran with a 24-day process to further delay and hide prohibited activities.

Iran has a track record of cheating on past agreements, and this deal allows Iran to stonewall the inspectors for up to 24 days.

The deal also includes side agreements between Iran and the International Atomic Energy Agency that we can't review and even the Administration has not seen.

The Iran Nuclear Agreement Review Act, which passed the Senate 98-1, requires the Administration to provide to Congress access to all "annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings and any related agreements" as part of the deal.

It seems in this case we're being asked to put our faith in the Iranian regime to not cheat.

Iran has not provided details on the past military dimensions of its nuclear program, even though the U.S. position was that Iran had to come clean about that history before any sanctions relief.

It's critical for a robust verification regime to work, that the IAEA have a full accounting of Iran's past efforts and stockpiles.

Yet, it appears that Iran will be allowed to supervise itself by conducting its own inspections and collect samples at the secretive military facility in Parchin, where much of the military dimensions of its nuclear program had been carried out.

I also oppose the last-minute decision to lift the embargo on conventional arms and ballistic missiles.

General Martin Dempsey, the Chairman of the Joint Chiefs of Staff, testified before the Senate Armed Services Committee in July that "we should under no circumstances relieve pressure on Iran relative to ballistic missile capabilities and arms trafficking."

But, under this agreement, after just five years the conventional arms embargo will be lifted.  After just eight years, the ballistic missile embargo will be lifted.

Iran has long sought the technology to develop intercontinental ballistic missiles, which would be a direct threat to the U.S. and our allies.

And Iran's past arms trafficking to Hezbollah, Hamas and others has long threatened Israel, other Middle East allies and stability in the region.

Once Iran has complied with the initial restraints on its nuclear program, many sanctions will be lifted. This will release somewhere around $100 billion of frozen Iranian assets.

The lifting of sanctions and release of these funds will only exacerbate Iran's support for terror, with Iran having access to tens of billions of frozen assets to bolster its conventional military and further support terrorism.

Even Obama Administration officials have said that Iran is likely to use some of the funds to purchase weapons and fund terrorism that would threaten Americans and Israelis.

The concept of "snapping back" these sanctions also appears less effective than was originally claimed.

The complicated process to reimpose sanctions is unlikely to work even if Iran fails to comply with the agreement.

Iran views snap-back sanctions as grounds to walk away from the agreement, so any effort to reimpose sanctions will be regarded by all parties as whether or not to dissolve the agreement and impose sanctions.

I support a robust diplomatic effort that will prevent Iran from developing a nuclear weapons capability.

But I strongly disagree with proponents of this agreement who argue that the only alternative to this deal is war.  That's a false choice.

Iran came to the negotiating table because it desperately sought sanctions relief.

If this deal were rejected, we could impose even tougher sanctions, allowing our diplomats to negotiate a better deal that more adequately safeguards our nation's security interests and that of our allies.

A better deal would not legitimize Iran as a nuclear threshold state, it would not trade massive sanctions relief for limited temporary constraints, and it would not provide concessions that will trigger a regional nuclear arms race.

If we reject this deal, we could push for an international agreement that would truly dismantle Iran's nuclear program and verifiably prevent Iran from acquiring a nuclear weapons capability.

A better deal would not ignore Iran's past bad behavior.  Iran has for many years been the most active state sponsor of terrorism.

Iran has an egregious record of human rights violations and the persecution of religious minorities.  It continues to imprison U.S. citizens.

At least 500 U.S. military deaths in Iraq and Afghanistan are directly linked to Iran and its support for anti-American militants.

This agreement will free up tens of billions of dollars in frozen Iranian assets, without addressing these issues.

We know Iran will use some of that money to support terrorist activities throughout the Middle East.

Iran provides support for the brutal Assad regime in Syria, the Houthi rebels in Yemen, and provides weapons, funding and support to Hamas and Hezbollah.

This deal appears to be the result of desperation on our side for a deal, any deal, and the Iranians knew that.

This deal was negotiated from a position of weakness, when we should have been in a position of strength.

This deal is a result of President Obama's philosophy of leading from behind.

As a result of this philosophy, we now have enemies who don't fear us and friends and allies who don't follow us because they question our credibility and leadership.  We have a more dangerous world because of it.

President Obama himself said that it is better to have no deal than a bad deal.

This deal has far too many shortcomings and will fail to make America and our allies safer.

It will not prevent Iran from developing nuclear weapons, while providing a windfall that will allow them to ramp up their bad behavior.

I oppose this deal and I hope we can send a signal to the Administration and Iran that we need a deal that improves our national security and the security of our friends and allies in the region.

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Refugee consultation with State Department

Wednesday, September 9, 2015

Senate Judiciary Committee Chairman Chuck Grassley made the following statement after a meeting with Secretary of State John Kerry and Anne Richard, Assistant Secretary for Population, Refugees and Migration.  The consultation regarding the number of refugees that the United States will admit into the country is required by law.  In the event of an "emergency refugee situation" the administration may admit an additional number of refugees, but only after additional consultation with Congress.

"Secretary Kerry initially said that the Obama administration is seeking a reasonable increase in refugees allowed into the United States in the upcoming fiscal year.  But when pressed, the administration indicated that they were considering opening the floodgates and using emergency authority to go above what they proposed to Congress in today's consultation.   The administration also has not ruled out potentially paroling thousands of Syrians into the United States.

"The United States welcomes more refugees than the rest of the world's countries combined, and there's no question that we need to continue to do our part to help with the crisis that is unfolding in the Middle East and Europe.  But, the administration also needs to enlist the help of other capable, affluent nations in the Middle East to deal with the crisis in Syria to care for those who are fleeing violence and persecution.

"In addition, before agreeing to accept tens of thousands of Syrian refugees, the Obama administration must prove to the American people that it will take the necessary precautions to ensure that national security is a top priority, especially at a time when ruthless terrorist groups like ISIS are committed to finding ways to enter the United States and harm Americans."

Klobuchar, Grassley Renew Efforts to Crack Down on Anti-Competitive Pay-for-Delay Pharmaceutical Deals

WASHINGTON, DC - U.S. Senators Amy Klobuchar of Minn., and Chuck Grassley of Iowa, today renewed their efforts to crack down on anti-competitive pay-for-delay pharmaceutical deals. The senators reintroduced the Preserve Access to Affordable Generics Act, which would increase consumers' access to the cost-saving generic drugs they need by helping put an end to the practice of brand-name drug manufacturers using pay-off agreements to keep more affordable generic equivalents off the market. A report from the Federal Trade Commission (FTC) in December 2014 identified 29 potential pay-for-delay settlements involving 21 different branded pharmaceutical products, with combined U.S. sales of approximately $4.3 billion.

"Pay-for-delay pharmaceutical deals force consumers to pay higher prices by keeping affordable alternatives to brand-name drugs off the market," said Klobuchar. "Our legislation will help ensure people have access to the medications they need at a price they can afford by putting an end to these harmful agreements once and for all."

 

"Pay-for-delay deals keep drug costs artificially high for consumers and the taxpaying public.  These agreements disrupt the current law that was put in place to speed generic drugs getting to the market.  In addition, they force consumers to pay more for their medicines, and add an exorbitant burden to the deficit," Grassley said. "The FTC has kept the pressure on, but Congress should act to end these twisted litigation settlements."

The Preserve Access to Affordable Generics Act would crack down on anti-competitive pay-offs and make sure consumers have access to the cost-saving generic drugs they need. Pay-for-delay agreements delay generic entry into the market an average of nearly 17 months longer than agreements without payments. These pay-off settlements (also known as "reverse payments") delay consumer access to generic drugs, which can be as much as 90 percent cheaper than brand-name drugs.

The legislation would make it illegal for brand-name drug manufacturers to use anti-competitive pay-off agreements to keep more affordable generic equivalents off the market. Klobuchar and Grassley introduced similar legislation last Congress following a resurgence of patent settlement agreements.

###
In a call with Iowa radio broadcasters this morning, Sen. Chuck Grassley said the Iran nuclear deal negotiated by the Obama Administration is an example of leading from behind on foreign policy that emboldens dangerous nations and weakens the strong leadership the United States has held in brokering global security since World War II.   You can listen here: Grassley on the Iran Nuclear Deal

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley is requesting an update on the ongoing investigation into the drowning death of a 20-year-old Iowan while in police custody more than a year ago.

Brandon Ellingson of Clive, Iowa, drowned on the Lake of the Ozarks while in the custody of the Missouri Highway Patrol on May 31, 2014.  To date, the criminal investigation into his death remains unresolved. While Grassley asked the U.S. Department of Justice to review the matter for violations of federal civil or criminal laws, few developments have emerged from the local investigation since a new special prosecutor was appointed in March.

"Whenever an individual's death is alleged to have been caused by law enforcement officers, the matter deserves a prompt, thorough, fair, and independent investigation," Grassley said in a letter today to Salem, Mo., City Attorney William Seay, the special prosecutor for the investigation.

In the letter, which was also sent to Attorney General Loretta Lynch, Grassley is asking for the investigation's current status and expected timeline, as well as what efforts are being made to ensure transparency in the process.

Full text of Grassley's letter

Grassley, Cornyn Seek Details on Obscure Third Party Litigation Financing Agreements

 

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley and Senate Majority Whip John Cornyn are examining the impact third party litigation financing is having on civil litigation in the United States. In letters to Burford Capital, Bentham IMF and Juridica Investments Ltd., three of the largest commercial litigation financing firms, Grassley and Cornyn requested details regarding the cases they finance, the structure and terms of the agreements they've entered into and their returns on investment. The Senators also sought information on firms' general practices, such as whether the court or interested parties are made aware of any third-party agreement.

"Litigation speculation is expanding at an alarming rate.  And yet, because the existence and terms of these agreements lack transparency, the impact they are having on our civil justice system is not fully known.  The information we requested today will help us better understand this industry.  It's vitally important to our civil justice system that litigation decisions aren't unduly influenced by third parties," Grassley said.

"Third party litigation financing pumps millions of dollars into our justice system, and the current lack of oversight makes it difficult to track this money's influence on the actions of litigants and the outcomes of litigation. These letters will give us insight into where this money is going and will help us craft effective protection to keep the civil justice system honorable and fair," Cornyn said.

Commercial lenders finance the cost of civil litigation in return for a portion of any recovery, but typically, neither the existence nor the terms of such agreements are disclosed to the court or opposing party. Third party litigation financing is estimated to be a multi-billion dollar industry, but it is largely unregulated and is subject to little oversight, fueling concerns that such agreements distort the civil justice system.

Links to the signed letters can be found below:

Letter to Burford Capitol

Letter to Bentham IMF

Letter to Juridica Investments Ltd.

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Grassley Probes Record Lack of Confirmed Watchdog at State Department

WASHINGTON - Sen. Chuck Grassley today asked the State Department and a lead agency watchdog group to provide all records that would document how and why the State Department went more than five years without a permanent inspector general.  Grassley cited several examples in which a later, permanent inspector general found the lapse compromised agency oversight.  

"Every agency needs a permanent, independent inspector general," Grassley said. "The position is too important to assign to a placeholder.  An acting inspector general doesn't have the mandate to lead, and he or she might not be able to withstand pushback from an agency that doesn't want to cooperate with oversight."  

Grassley said going for more than five years without a permanent inspector general at the State Department is "egregious."  That covers the entire four-year tenure of Secretary Hillary Clinton, the only secretary of State to have served without a single permanent inspector general overseeing the department since the creation of that watchdog position in 1957.  

"The Obama Administration should answer for why it allowed that to happen," Grassley said.  "There's been no transparency on the reason for the lack of an appointment for so long.  We'll never know the extent of the damage to good governance caused by this lapse, but it's fair to say some of the problems exposed lately probably could have been prevented with a permanent inspector general in place."

The White House allowed the position to be "temporarily" filled by an individual with demonstrated close ties to the officials he was charged with overseeing.  The work of the subsequent, Senate-confirmed inspector general provides insight into some of the problems that arose from the previous unusual arrangement.  The permanent inspector general reported that aides to Clinton contributed to an "appearance of undue influence and favoritism" in departmental investigations of three allegations:  that the U.S. Ambassador to Belgium allegedly solicited a prostitute; that a department manager allegedly engaged in sexual misconduct and harassment; and that Cheryl Mills, then chief of staff and counselor to Clinton, allegedly unduly influenced an investigation of an unauthorized release of communications concerning a nominee for a U.S. ambassadorship.

Grassley cited an example in his own investigation where a permanent inspector general might have investigated thoroughly and shielded whistleblowers who alleged they were retaliated against for reporting to an acting inspector general sexual misconduct at the U.S. consulate in Naples.  Also, the permanent inspector general for the State Department and the permanent Inspector General for the Intelligence Community have recently uncovered problems in the way Clinton handled emails containing classified information, Grassley said.

Grassley sought correspondence and information from Michael E. Horowitz, chair of Council of the Inspectors General on Integrity and Efficiency, and Secretary of State John Kerry.  Grassley is a long-time advocate for agency inspectors general.

His letter is available here.

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Grassley Adds to State Department Questions Amid Newly Disclosed Emails

WASHINGTON -- Sen. Chuck Grassley is continuing his inquiry into State Department personnel practices amid newly disclosed emails showing the intersection of official actions and private business involving a top aide who was working for the State Department as a Special Government Employee, an outside firm, Teneo, and the Clinton Foundation at the same time.

"How can the taxpayer know who exactly SGEs are working for at any given moment? How can the ethics officer at the State Department know?" Grassley wrote to Secretary of State John Kerry and similarly, in a letter to the top aide, Huma Abedin.

Grassley pointed out that in a letter to the Department of State on July 5, 2013, in response to a Grassley inquiry, Abedin wrote: "I was not asked, nor did I undertake, any work on Teneo's behalf before the Department (and I should note that it is my understanding that Teneo does not conduct business with the Department of State). I was also not asked, nor did I provide, insights about the Department, my work with the Secretary, or any government information to which I may have had access."

Grassley wrote that emails newly disclosed through a Freedom of Information of Act lawsuit regarding a trip to Ireland by Clinton include State Department, Teneo and Clinton Foundation employees and so "raise a number of questions about the intersection of official State Department actions, private Teneo business, and Secretary Clinton's personal interest in fundraising for the Clinton Foundation and related entities."

Grassley asked a series of questions to try to shed light on the State Department business that intersected with Teneo and Clinton Foundation business.

"The bottom line has always been and still is whether the taxpayers are well-served by agency practices and spending," Grassley said.  "No one will know for sure until the State Department is more transparent about how it operates."

Grassley's letters are available here and here.

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WASHINGTON - Sen. Chuck Grassley of Iowa is seeking better oversight from the Department of Labor to prevent violence at federally funded Job Corps centers.  His inquiry comes amid two murders of Job Corps students in the last four months, one in St. Louis, another in Homestead, Fla., and long-standing disciplinary problems documented by the agency watchdog.

"The violence is shocking, yet it isn't new, and it's getting worse," Grassley said.  "Two murders involving Job Corps students have occurred in the past several months.   The inspector general has documented widespread problems creating an unsafe environment.  The Labor Department is responsible for the safety of these students.  If it can't ensure their safety, it needs to reconsider everything about the way this program is run.  The zero tolerance policy for violence needs to mean something.  It obviously doesn't at too many Job Corps centers right now."

Grassley wrote to the Job Corps administrator and Labor Department inspector general last month, citing an inspector general report on disciplinary problems including the downgrading and poor recording of violent offenses.  His letter came just before Homestead, Fla., Job Corps students were charged with killing a fellow Job Corps student.

The Job Corps program is designed to equip disadvantaged teens and young adults with education and vocational training.  There are 125 Job Corps centers across the country, including two in Iowa, in Denison and Ottumwa.

"The many success stories through the Job Corps centers across the country are undermined by the incidents of violence," Grassley said.  "The Labor Department has to protect the many students who want to learn and take advantage of what the program offers.  The good news is the inspector general is on top of this situation, and I hope the agency is taking the problem seriously."

Grassley's letter to the Job Corps administrator and Labor Department inspector general is available here.

The inspector general's report on Job Corps problems is available here.

News stories on the murders in St. Louis and Homestead, Fla., are available here and here.

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WASHINGTON - Senator Chuck Grassley, Chairman of the Senate Judiciary Committee, is continuing his efforts to learn more about the process that allowed top secret classified information to be sent on unsecure communication lines and the subsequent possession of this classified material on improperly secured storage devices.  

   

Asking additional questions, Grassley wrote in a letter to Secretary of State John Kerry, "The transmission of classified material to an individual unauthorized to possess it is a serious national security risk.  Moreover, if a person unauthorized to maintain custody of classified materials does in fact maintain custody, it raises legitimate questions as to whether the information was properly secured from foreign governments and other entities."   

   

Grassley's questions come on the heels of a response from former Secretary of State Hillary Clinton's personal attorney, David Kendall, to questions regarding Kendall's security clearance during the time he was in possession of thumb drives containing Clinton's State Department emails.  According to the Inspector General for the Intelligence Community, a small sample of the emails contained top secret/sensitive compartmented information when generated. 

Kendall's response to Grassley notes that he and his law partner, Katherine Turner, obtained top secret clearance from the State Department in November 2014 and December 2014, respectively.  In December 2014, Kendall and other unnamed attorneys sent Clinton's emails to the State Department.   Kendall notes that the State Department clearances were obtained, "in order to be able to review documents at the Department of State, to assist former Secretary Clinton in preparing to testify before the House Select Committee on Benghazi."  (emphasis added).  Yet, his office retained electronic copies of the emails, rather than turning over all copies to the State Department.  On August 11, 2015, the Inspector General for the Intelligence Community notified congressional offices that two of the four emails contained information classified up to Top Secret/SCI/TK/NOFORN when generated.  According to Kendall, neither he nor Turner had a clearance issued at that level from the State Department. Consistent with the understanding that Kendall and Turner's classification was not sufficient, the FBI is now in custody of all thumb drives previously in their possession as well as the non-government server Clinton used for email during her tenure at the State Department. 

Grassley's letter to Kerry is pasted below and can be found here.  The letter to Kendall can be found here and the response from Kendall can be found here.

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