Prepared Statement of Senator Chuck Grassley of Iowa, Ranking Member, Senate Committee on the Judiciary

Hearing on "Oversight of the Department of Justice"

Wednesday, January 29, 2014

Mr. Chairman, thank you for holding today's oversight hearing focusing on the Justice Department.  I welcome Attorney General Holder.  There are many issues to discuss about the department's ongoing and important work.

I have to start by pointing out to the Chairman that we still haven't received answers to our questions for the record from the last oversight hearing with the Attorney General almost eleven months ago.  This is simply unacceptable.  The department should show sufficient respect for this committee to answer its questions?AT LEAST prior to its next oversight hearing. We also haven't received replies to questions directed to other department officials who testified at various hearings over the past year.

Mr. Attorney General, this hearing also affords me the opportunity to call to your attention the many letters the department hasn't yet answered.  It is unfortunate that we always have to start department oversight hearings with this same request to respond to unanswered questions from Congress.

For instance, back in early November I wrote you about the Justice Department's counsel to Health and Human Services on the Affordable Care Act.  HHS says that in consultation with your department, it's decided not to apply the anti-kickback statute to the Affordable Care Act.  This is a clear violation of Congress's move to strengthen anti-fraud laws.  Since I haven't received an answer to my letter, I'll ask you about this today.

I've also written you about the department's handling of cases in which National Security Agency employees abused their signals intelligence authorities.

In August, after news reports about these cases, I wrote to the NSA Inspector General about them.  In response, the Inspector General indicated that since 2003, there were twelve documented instances of NSA employees abusing these authorities, in many cases by spying on loved ones.  It's good the number of cases was small, but even one case is too many.  According to the Inspector General, at least six of these cases were referred to your department for prosecution.

In October, I wrote to you to request information about how the department handled these cases.  I asked for a response by December 1st.  I haven't received one.

It's important for the public to know whether the department is taking these cases seriously.  We need to deter this kind of behavior in the future, given the NSA's powerful capabilities.

In addition, this committee has spent a considerable amount of time over the past six months considering various reforms to the NSA.  In his speech on this a few weeks ago, the President directed you to work with the intelligence community to develop "options for a new approach" to the bulk collection of telephone metadata.  I'll be interested in hearing how you are proceeding with this task.

The President has also asked you to do a review of the FBI's whistleblower protections and recommend changes on how to improve them.  The assignment was contained in Presidential Policy Directive 19, which claimed to create protections for whistleblowers with access to classified information.  The President gave you 180 days to complete the review, and it's now ten months overdue.  There is a lot of lip service to whistleblower protection, but this is another example of how the actions don't match the rhetoric.

I'm concerned about the President's Directive. I recently had a whistleblower from the Central Intelligence Agency contact my office.  He was seeking to report alleged violations of the whistleblower protections in the President's Directive, false statements to Congress, and concerns related to qui tam litigation.  He tried to get permission to share the classified details with me.  Yet a CIA lawyer wrote a letter denying permission, claiming Judiciary Committee members aren't authorized to receive classified information about the CIA?which is of course false.  But it scares whistleblowers and intimidates them into silence.  This is one of several things that suggests to me that even with the President's Directive, we need stronger legislative protections for national security whistleblowers.

Another topic I'd like to discuss is the department's non-enforcement of the Controlled Substances Act.  In August, the department announced that it wouldn't challenge laws in Colorado and Washington that legalize the trafficking of marijuana.

The department apparently believed that so long as these states created effective regulatory schemes, key federal enforcement priorities wouldn't be undermined.  Those priorities include the diversion of marijuana into other states, increased use among minors, and more drugged driving fatalities.

However, I am concerned that in many ways this policy is based on willful ignorance of the realities in these states.  For example, as a result of its failure to adequately regulate medical marijuana, Colorado has seen a sharp increase in public health and law enforcement problems related to these federal priorities over the past few years.  Just a few weeks ago, a senior Drug Enforcement Administration official told the Senate Caucus on International Narcotics Control that what was happening in these states is "reckless and irresponsible."

At a minimum, it's important that the department set firm criteria to measure whether - or when - its federal priorities are harmed so much that the decision not to challenge these state laws is revisited.

This is all the more important now that I  understand you will soon announce additional guidance that will permit marijuana distributors in these states to use the banking system to engage in what is, under federal law, money laundering.

I'm also concerned that this Administration hasn't been faithful to the Constitution in a number of other areas by unilaterally changing or ignoring laws passed by Congress.  In my view, many of these actions are inconsistent with the Constitution's requirement that the President "take Care that the Laws be faithfully executed."

However, the Justice Department's Office of Legal Counsel should provide an independent check on the executive's actions.  The Office of Legal Counsel is responsible for advising the executive branch on constitutional questions.  Moreover, it reviews the constitutionality of all proposed Executive Orders.

Last night during the State of the Union address, the President signaled that he will use Executive Orders aggressively to advance his agenda this year.  Transparency should be brought to the Office of Legal Counsel's analysis of proposed Executive Orders, so that the American people can see whether they are subjected to a rigorous constitutional review.

I look forward to discussing these and a variety of other issues, time permitting.  Thank you.

MOLINE, Ill. (January 28, 2014) - The Quad City Mallards' Ty Rimmer has been named Oakley Central Hockey League Goaltender of the Week, the Mallards announced today in conjunction with the CHL.

Rimmer, 21, last week went 2-0-1 with a 1.63 goals against average, a .954 save percentage and one shutout while helping the Mallards earn five of six available points from a three game series with the Beast in Brampton.

Rimmer made 34 saves last Thursday night as the Mallards kicked off their trip north of the border with a 4-1 victory.  The 6' 1", 170-pound Edmonton native nearly blanked the Beast in the series opener before finally allowing a goal with just two minutes and seven seconds left in that contest.  Rimmer would whitewash Brampton one night later, making 35 saves- including 22 in the third period alone- on the way to a 3-0 victory and his second shutout of the season.  Rimmer turned in another 35-save effort Sunday as the Mallards pocketed one point for a 4-3 overtime loss to the Beast.

Rimmer, who has gone 9-8-4 in 21 games this season, is tied for third in the CHL in shutouts and ranks eighth in goals against average (2.82) and save percentage (.910).  This season has also seen Rimmer collect his first American Hockey League win.  He went 1-0-1 and turned in a 2.65 goals against average and a .930 save percentage in three games with the AHL's Oklahoma City Barons after being called up last month.

This marks the second time in under a month Rimmer has earned league-wide recognition.  He was named CHL Rookie of the Month for December.  Mallard netminders have now claimed Goaltender of the Week honors twice this month. Thomas Heemskerk took home the hardware on January 7. 

Rimmer joined the Mallards this season after skating in the training camp of both the National Hockey League's Edmonton Oilers and the AHL's Barons.  Rimmer got his first taste of professional hockey last spring when he played one game for the AHL's Manchester Monarchs after completing his junior career with the Lethbridge Hurricanes of the WHL.  Last season he led the WHL in minutes played (3,836) and total saves (2,106) while posting 3.19 goals against average, a .912 save percentage, a record of 24-30-10 and one shutout in 65 games with the Hurricanes.   

The 2011-12 campaign was especially successful for Rimmer, who earned WHL First Team All-Star honors after leading the league in goals against average (2.43) and save percentage (.922), finishing tied for first in shutouts (5) and finishing tied for eighth in wins while going 31-12-1 in 46 games for the Tri-City Americans.  His standout efforts helped propel the Americans to the United States Division title.

Over three-plus Western League seasons- during which he played for the Brandon Wheat Kings and Prince George Cougars in addition to the Americans and Hurricanes- Rimmer went 74-65-14 in 159 games and turned in a 3.01 goals against average, a .910 save percentage and ten shutouts.  Before becoming a WHL workhorse, Rimmer spent parts of two seasons in the Alberta Junior Hockey League with the St. Albert Steel and Bonnyville Pontiacs.

The Mallards next play at home Friday night at 7:05 p.m. against the Tulsa Oilers.  Friday is another $1 Dog/$1 Beer Night presented by 97X.  $1 hot dogs and beers will be available at iWireless Center concession stands during each of the Mallards' 11 Friday night home games this season.

Tickets for Friday night's game and all Mallards regular season home games can be purchased at the iWireless Center ticket office, Ticketmaster outlets, through ticketmaster.com or through Ticketmaster charge-by-phone toll free at 1-800-745-3000.  The ticket office is open weekdays from 10:00 a.m. to 5:30 p.m., on Saturdays from 10 a.m. to 2:00 p.m. and on game days from 10:00 a.m. until the start of the second period.

Bi-Partisan Agreement Saves Taxpayers Millions While Maintaining Vital Farming Safety Net

WEST DES MOINES, Iowa - January 28, 2014 -- Iowa Farm Bureau farmers are pleased to finally see an apparent compromise reached in a long-overdue 2014 Farm Bill, just reached this week by Congress.  The Agricultural Act of 2014 means farmers are doing their part to help reduce the federal deficit through this streamlined bill.  The Agricultural Act of 2014 calls for an end to direct payments, while strengthening vital risk management tools.  The bi-partisan bill also strengthens conservation efforts to protect land, water and wildlife not only now, but for future generations.

"We knew that the strength and reliability of our nation's food production means farmers have to be able to make plans.  Our farmers faced devastating drought one year, and floods the next.  So, for our farmers, the backbone of the bill lies in maintaining the strength of the crop insurance program; with crop insurance, farmers can invest in their own risk management by purchasing insurance policies so they are protected in difficult times.  That means we can keep doing what we do best: grow reliable, safe food choices for consumers," said IFBF President Craig Hill.

"The soon-to-be finalized Farm Bill also provides a permanent livestock disaster assistance program for farmers and ranchers affected by natural disasters, such as those winter storms which devastated cattle herds in the Northern Plains last spring," said Hill.

"This bill isn't perfect because there are some things we wish would've been included, but in the nature of compromise, it took some give and take to bring agreement. Having a new Farm Bill finally on the books brings assurance to many Iowa farmers both today and for the next few years," said Hill.

-30-

Sen. Chuck Grassley of Iowa tonight made the following comment on President Obama's State of the Union address.

"The Constitution created three branches of the federal government and checks and balances among the branches that are fundamental to our strength as a nation.  Based on that, the President should use his pen and phone to build coalitions on Capitol Hill and sign legislation into law, not issue executive orders that Congress and the American people don't support.

"The President spoke about inequality.  Congress and the President should find common ground and create economic growth that builds people up.  We ought to reform the tax code to close loopholes and give job creators the certainty and confidence to expand, hire and raise wages.  We can't tax and spend our way to prosperity through government.

"The President should work with Congress to renew Trade Promotion Authority so we have more places around the world to export what we make and grow in Iowa and other states.

"The President should promote energy independence and new jobs by approving the Keystone Pipeline and faithfully executing the 2007 federal law that created the Renewable Fuel Standard.

"Together, we should strengthen the patent system to clear the way for entrepreneurs and inventors to create, innovate and grow minus the patent trolls who abuse the system with frivolous lawsuits.

"Washington should first try to get the most bang for the buck out of existing programs before rushing to create more.  For example, too many housing dollars go to executives and bureaucrats instead of people in need.  The IRS whistleblower office is limping along, when it could be helping to collect billions of tax dollars that are already due.  The Justice Department could criminally prosecute Wall Street executives who defraud consumers instead of settling for pennies on the dollar.  The IRS could make public disclosures from colleges and other major tax-exempt groups more readily available or maybe even require more disclosure in exchange for their tax exemption so executive perks and other spending that contributes to college costs receives scrutiny.

"If the President is willing to work with Congress, there are a number of areas where we can work together to create economic growth and get more from the taxpayer dollars already in the U.S. treasury."

 

Washington, D.C. - Congressman Dave Loebsack released the following statement after President Obama delivered the State of the Union address.

"My number one priority and the heart of what I have always fought for is to create jobs and grow the economy.  The middle class, and those looking to join the middle class, must have the tools and opportunity to pull themselves up and fulfill the American dream. As someone who grew up in poverty, I know the hard work and determination it takes to succeed.  I also know that without ladders of opportunity, hardworking families will continue to fall behind and young kids growing up like I did will watch the American Dream slip farther out of their reach. One way we can immediately help working families is by raising the minimum wage and I applaud the President for making it a priority, as I have been calling for.

"I also strongly back the President's focus on expanding education, skills training and high-tech manufacturing. I have long pushed to ensure workers can receive the training they need to secure good jobs and employers have access to a workforce with the skills that are needed for them to expand, boost our economy, and out-compete the global competition. To get our country moving again, we have to work to reinvigorate our manufacturing base. We must put Iowans to work while maintaining and investing in the infrastructure that is critical to our communities' well-being and economic development.

"What was not discussed enough tonight was the need to advance our rural communities and our renewable energy sector. Far too often these are left behind by Washington. Our rural economy and renewable energy sector have created good jobs and brought economic development to rural Iowa. Washington must also work to serve our veterans with the dignity and honor they deserve, including securing a good job when they return home after serving our country.

"Of course, none of these priorities will be possible if Congress doesn't put aside the partisan gridlock and ideological divisions that have threatened our economy time and again. Iowans know how to work together to get things done. It's far past time for Washington to learn from our great state and get to work on the real priorities of Iowa families and job creators. I look forward to working with the President and people on both sides of the aisle to move our country forward."

###