WASHINGTON – Sen. Chuck Grassley (R-Iowa), ranking member of
the Senate Judiciary Committee, and Sen. Ron Johnson (R-Wis.), ranking member
of the Permanent Subcommittee on Investigations, are calling on Attorney
General Merrick Garland to clear up inconsistencies in his responses to
oversight inquiries regarding potential conflicts of interest in two ongoing
investigations.
In January, the senators
raised questions about whether then-acting head of the Justice Department criminal
division Nicholas McQuaid had any role in the department’s ongoing
investigation into Hunter Biden. Immediately prior to joining the
department, McQuaid worked at the same law firm as Biden’s criminal defense
attorney, Christopher Clark. The Justice Department
failed
to answer specific questions about whether McQuaid is recused from the Biden
investigation.
In June, the lawmakers
sought details on any role that the Justice Department National Security Division
employee Susan Hennessey has in Special Counsel John Durham’s ongoing review of
the origins of the department’s Russian collusion investigation. Hennessey had previously
publicly expressed a bias against that investigation. In contrast to the
Justice Department’s failure to answer questions about McQuaid’s role in the
Biden investigation, during testimony before the Judiciary Committee, Garland stated
that Hennessey “has nothing whatsoever to do with the [Special Counsel] Durham
investigation.”
“In light of your recent testimony, where you found
the ability to publicly state that Ms. Hennessey ‘has nothing whatsoever to do’
with the Durham investigation, there is no basis upon which you can continue to
refuse to answer these threshold questions relating to Mr. McQuaid…,” the senators wrote.
The senators are again calling on Garland to answer
specific questions about whether McQuaid is recused from the Hunter Biden
investigation. The senators’
letter to Garland follows:
November 10, 2021
VIA
ELECTRONIC TRANSMISSION
The Honorable Merrick Garland
Attorney General
Department of Justice
Dear Attorney General Garland:
At the Senate Judiciary Committee’s October 27,
2021, oversight hearing, you stated that Susan Hennessey, an employee in the
National Security Division, “has nothing whatsoever to do with the [Special
Counsel] Durham investigation.”
[1] As you are aware, on June 29, 2021, we sent
you a letter that raised concerns about Ms. Hennessey’s political bias against
the Durham investigation based on negative public comments she made about it
and asked whether or not she had been recused from the matter.
[2] In your July 13, 2021, response letter you
failed to say that Ms. Hennessey “has nothing whatsoever to do” with Durham’s
investigation and failed to answer all of our questions relating to Ms.
Hennessey; namely, whether she has been officially recused from the Durham
investigation including whether or not she has any access to Durham
investigation records and the report.
Specifically, your response failed to answer questions 2, 3 and 4 with
respect to Ms. Hennessey. Likewise, your
recent testimony did not address these remaining questions.
Due to your failure to respond, we request that you
answer those remaining questions and answer how you know that Ms. Hennessey
“has nothing whatsoever to do with the Durham investigation,” whether and when
you checked to determine her role, and why you failed to provide that level of
detail in your July 13, 2021, response letter.
As you are also aware, on February 3, 2021, and
March 9, 2021, we wrote letters to you with respect to Nicholas McQuaid, the
then-Acting Assistant Attorney General for the Criminal Division and current
Principal Deputy Assistant Attorney General for the Criminal Division, and his
conflicts of interest in the Hunter Biden criminal case.
[3] In those letters, we specifically raised
concerns about the fact that Mr. McQuaid worked with Hunter Biden’s criminal
attorney until he was hired by the Biden Administration on January 20,
2021.
On February 19, 2021, and March 23, 2021, you
failed to provide adequate responses to answer the threshold questions about
whether Mr. McQuaid has or had any role in the Hunter Biden criminal case and
whether he has been recused from it. In
light of your recent testimony, where you found the ability to publicly state
that Ms. Hennessey “has nothing whatsoever to do” with the Durham investigation,
there is no basis upon which you can continue to refuse to answer these
threshold questions relating to Mr. McQuaid:
- Does Mr. McQuaid
have anything whatsoever to do with the Hunter Biden criminal
matter? If so, please explain.
- Has Mr. McQuaid
been recused from the Hunter Biden criminal matter? If so, when? Please provide
all records showing that he is recused.
With respect to the aforementioned questions
relating to Ms. Hennessey and Mr. McQuaid, please provide a response no later
than November 17, 2021.
Sincerely,
Charles E. Grassley
Ranking Member
Committee on the Judiciary
Ron Johnson
Ranking Member
Permanent Subcommittee on Investigations
-30-
[1] Senate Judiciary Committee
Hearing, Oversight of the Department of Justice (Oct. 27, 2021), https://www.judiciary.senate.gov/meetings/10/20/2021/oversight-of-the-department-of-justice.
[2] Letter from Sen. Charles E.
Grassley, Ranking Member, S. Comm. on the Judiciary, & Sen. Ron Johnson,
Ranking Member, Permanent Subcomm. on Investigations, to Merrick Garland,
Attorney General, U.S. Dep’t of Justice (June 29, 2021),
https://www.judiciary.senate.gov/imo/media/doc/grassley_johnson_to_justice_dept.hennesseyconflicts.pdf.
[3] News Release, On Day One, Biden
Installed Law Partner Of Son’s Defense Lawyer At DOJ Criminal Division, Charles
E. Grassley (Feb. 3, 2021),
https://www.grassley.senate.gov/news/news-releases/on-day-one-biden-installed-law-partner-of-sons-defense-lawyer-at-doj-criminal-division;
see also Letter from Sen. Charles E.
Grassley, Ranking Member, S. Comm. on the Judiciary, & Sen. Ron Johnson,
Ranking Member, Permanent Subcomm. on Investigations, to Monty Wilkinson,
Acting Attorney General, U.S. Dep’t of Justice (Mar. 9, 2021),
https://www.grassley.senate.gov/download/grassley-johnson-to-justice-dept_-mcquaid-follow-up.