Christopher Wray appeared before the House Judiciary Committee in February 2020, in an election year, with the question of foreign interference unresolved and the Kavanaugh confirmation two years behind him. Chairman Nadler set out the stakes before the questioning began.
The threat the Director had named
NadlerFirst, we are heading toward the 2020 elections. There is nothing more important than ensuring that each and every American has confidence in the integrity of his or her vote. As you have warned us, foreign attacks on our elections continue to this day. You recently stated, "Russia represents the most significant threat to the election cycle itself."
NadlerNow, some have tried to deflect the attention from the clear evidence of Russia's attack in 2016 because it does not suit them politically. In a recent interview, Director Wray, you confirmed that these alternative theories have no evidentiary support. For example, there is no evidence whatsoever to suggest that Ukraine, not Russia, hacked into the Democratic National Committee's computer networks.
[Hearing transcript, February 5, 2020, opening statement of Chairman Nadler.]
Who decides what a background check covers
NadlerI have one more topic. There has been a lot of confusion in the public about the Bureau's role in conducting background checks for Senate-confirmed appointments, including judicial nominees. My understanding is that when conducting these background checks, the FBI is restricted to the scope and subject matter requested by the client agency.
NadlerIn the case of Justice Kavanaugh's appointment, I understand that the client agency was the White House, specifically the White House counsel's office. So, yes or no, if the White House had directed the FBI to interview some witnesses, but not others, or if they had told you to complete the process by a certain date, would the FBI have followed that request?
WrayThe process that exists for background investigations, including supplemental updates to background investigations, is very different from a criminal investigation or a national security investigation. As you've noted, Mr. Chair, by longstanding practice and process under background investigations, the FBI is what's called the investigative service provider, or the ISP. We do whatever we do in a background investigation, much less an update to that background investigation, only at the direction or request of the adjudicating agency which, in this case, would be the White House.
NadlerThat is what I am.
WrayThey set the scope for what we investigate.
NadlerThat is what I am seeking to get at. They set the scope. In other words, if the White House or the Senate or whoever is requesting the investigation says tell us everything you know about this fellow, you would do that, and if they say only look at this or that, you will only look at this or that?
WrayRight. We follow the request of the adjudicating agency. I would say that it is not unique to the Justice Kavanaugh situation or anything else. That's longstanding process, and I've consulted with our background investigation specialist, as I did back at the time, to ensure that this process, as it was in that instance, was done by the book.
[Hearing transcript, February 5, 2020, questioning by Chairman Nadler.]
Right now
Representative Swalwell asked about the present tense.
SwalwellShifting to election interference, Director, are the Russians interfering in our election right now?
WrayWell, I don't think we have seen any ongoing efforts to target election infrastructure like we did in 2016. We, certainly, are seeing and have never stopped seeing, really, since 2016 efforts to engage in malign foreign influence by the Russians.
WraySo, that is the use of false personas, fake media accounts, social media stuff, the trolls, the bots--all that stuff that is described at great length both in the ICA and in some of the indictments that have been returned since then.
WraySo, that kind of effort is still very much ongoing. That is not just an election cycle issue but, of course, now that we are in an election year it is an effort to influence our public in that regard.
SwalwellDoes the FBI see the Russians amplifying content of certain campaigns in the 2020 election, meaning, creating accounts, trying to create discord, or not just in general political discord but does the Bureau see an effort to try and help or hurt any particular campaign through social media amplification?
WrayI would have to think about whether or not I could say anything in an open setting on that.
[Hearing transcript, February 5, 2020, questioning by Rep. Swalwell.]