Sen. Cruz: ‘The Integrity of the Men and Women at the FBI and Department of Justice Has Been Called into Question, and the American People Deserve the Truth’

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), member of the U.S. Senate Judiciary Committee, on Monday participated in a hearing with Federal Bureau of Investigation (FBI) Director Christopher A. Wray, and U.S. Department of Justice Inspector General Michael Horowitz examining the Inspector General’s Report on political bias among FBI investigators during the 2016 Presidential Election. There, he directed his line of questioning to FBI Director Wray, focusing on the political bias accusations: “There are thousands of good and honorable men and women that work at the bureau, that work at the Department of Justice. Yet, their integrity has been called into question by misconduct and political bias at the highest levels.”

Watch Sen. Cruz’s full line of questioning here. A full transcript is below:

Sen. Cruz: Thank you, Mr. Chairman. Gentlemen, thank you for being here today. These are difficult days in the Department of Justice, in the Federal Bureau of Investigation. Both the bureau and the department have long -- decades long, in the department's case, centuries long -- traditions of fair and impartial administration of justice. There are thousands of good and honorable men and women that work at the bureau, that work at the Department of Justice. And yet their integrity has been called into question by misconduct and political bias at the highest levels. On May 3rd, 2017, then-Director Comey testified before this committee that he had, quote, ‘never’ -- and never was his words – ‘been an anonymous source in any news matters related to the Trump investigation or the Clinton investigation.’ He further testified, in response to questioning from the chairman, that he had not ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration. He answered simply and categorically, ‘No.’ Now, in contrast to that, former Deputy Director McCabe has stated that Director Comey was aware of his leaking to the press. Moreover, his lawyer says he has email records that demonstrate that Director Comey was aware of leaking to -- his leaking to the press, all during the time it was happening. Both of their statements cannot be true. It is not possible, logically, for Director Comey to be telling the truth and for former Deputy Director McCabe to be telling the truth. So, Director Wray, tell us. Which one is telling the truth to the best of your knowledge? 

Director Wray: Senator, unfortunately I can't answer that question because of an ongoing matter. 

Sen. Cruz: Is the FBI in possession of the emails referred to by Mr. McCabe, of the deputy director being aware of and authorizing leaks to the press?

Director Wray: The same answer, unfortunately.

Sen. Cruz: Let me ask you, Mr. Wray. How seriously would the FBI treat the matter of the director of the FBI perjuring himself before the Senate Judiciary Committee?

Director Wray: Well, Senator, as the current director of the FBI, testifying before the Senate Judiciary Committee, I take the obligation to tell the truth extremely seriously and I would expect our organization to do so as well. 

Sen. Cruz: Well, I would hope you would take as seriously the fidelity to law of prior directors and one or the other is not telling the truth. I don't know which one is telling the truth and which one is lying, but if there are e-mails that either demonstrate Deputy Director McCabe was telling the truth or Director Comey was telling the truth, this committee and the American people need to know. And simply saying an ongoing investigation means we'll never know who lied to this committee, that's not acceptable. I believe either to this committee or to the American people. 

Director Wray: Well, Senator, one of the central takeaways from the Inspector General's report that's at issue today is the important of following long established norms in the department which includes commenting on pending matters in front of Congress or otherwise publicly. And so, I don't believe it would be appropriate for me, no matter how tempted I might be, to answer your question to deviate from those norms in one of my first acts as Director.

Sen. Cruz: Director Wray, let me understand which pending matter you're referring to? The Clinton e-mail matter is closed. Is that correct?

Director Wray: Yes. 

Sen. Cruz: There's no allegation that this is under the scope of the Special Counsel. This has nothing to do with Russia collusion or anything else. This is a question of did -- did the Director of the FBI perjure himself to this committee? That's not within Special Counsel Mueller's jurisdiction, is it? 

Director Wray: Whether the Director of the FBI -- I don't know what's with -- fully within the scope of Special Counsel. 

Sen. Cruz: Well you're -- you're declining to answer a question because...

Director Wray: Right. 

Sen. Cruz: So, you say there's an ongoing investigation.

Director Wray: And I can't. 

Sen. Cruz: I'm trying to understand what investigation arguably covers the e-mails demonstrating whether or not the Director of the FBI committed perjury.

Director Wray: And I can't answer that question without describing an ongoing investigation.

Sen. Cruz: So, it's your position you're not going to describe any investigation but you'll decline to answer any questions because there might be some investigation that might implicate it?

Director Wray: No, what I'm testifying to is that the questions you're asking, I know for a fact, implicate matters that I can't describe without implicating an ongoing investigation. 

Sen. Cruz: All right, let's shift to Mr. Horowitz. Let's go a little bit deeper into the issue you brought up with Senator Coons about the potential bias of the investigation. Your conclusion was that the agents involved in the conduct, ‘brought discredit to themselves, sewed doubt about the FBI's handling of the investigation, and impacted the reputation of the FBI.’ There were approximately 15 full time agents and analysts staffed on this investigation. Is that correct?

Inspector General Horowitz: I don't -- as I said earlier, I'm not sure the exact number. It could well have been that number. It was a lot and probably around that number. 

Sen. Cruz: And Deputy Assistant Peter Strzok was assigned to the investigation in August of 2015 and was placed in charge of supervising the day to day operations? 

Inspector General Horowitz: My understanding is he was in essence leading the investigation.

Sen. Cruz: So, the agent leading the investigation. Is it true that during the period of the investigation in late 2015 and in 2016 when Mr. Strzok was in charge? 

Inspector General Horowitz: Yes.

Sen. Cruz: He used an FBI device to call President Trump a ‘f'ing idiot’ although I don't believe he abbreviated it, a ‘loathsome human’ and ‘a disaster.’

Inspector General Horowitz: Correct. 

Sen. Cruz: Did he also say multiple times that Donald Trump "cannot be President"?

Inspector General Horowitz: Correct.

Sen. Cruz: And in August 6th, 2016 when FBI counsel Lisa Page said to Strzok ‘maybe you're meant to stay where you are because you're meant to protect the country from that menace’ meaning President Trump, did Mr. Strzok reply that ‘I can protect our country at many levels?’

Inspector General Horowitz: He did.

Sen. Cruz: And two days later when Counsel Lisa Page asked Mr. Strzok whether Donald Trump would ever become president, did Strzok reply ‘No, no, he's not. We'll stop it.’

Inspector General Horowitz: Correct. 

Sen. Cruz: And is it true that there are many similar statements by Mr. Strzok in the report?

Inspector General Horowitz: That's correct and indeed you could go on to August 15, seven days later which was of concern to us as well referencing an insurance policy.

Sen. Cruz: Now, according to the report beyond Mr. Strzok and Lisa Page, there were at least three other FBI employees involved in the Hilary Clinton e-mail investigation that showed animus, for example, they called President Trump ‘an f'ing idiot’ again and they called his supporters a slur for the intellectually disabled that I won't repeat in this committee. Is that correct?

Inspector General Horowitz: That's correct.

Sen. Cruz: Does any of that conduct give one confidence in fairness or impartiality in the enforcement of justice? 

Inspector General Horowitz: I think it undercuts confidence precisely as we said.

Sen. Cruz: Now, you'll refer to former Congressman Anthony Weiner's seized laptop. It's correct that the FBI discovered the presence of thousands of e-mails related to the Clinton investigation on September 27th, 2016. How long did Deputy Director McCabe and Director Comey know about the e-mails that were potentially relevant to the Clinton Administration and do absolutely nothing about it?

Inspector General Horowitz: So, Deputy Director McCabe was aware on September 28th, the next day, and was notified on multiple ways and multiple occasions as well on September 29 if there was follow up about that by Strzok and others. And between September 29 and October 24 or 25, there was no activity by the Mid-Year team or FBI headquarters. And in fact, it was only reinvestigated on October 21 when the New York field office went to the southern district of New York and said no one's doing anything about this. 

Sen. Cruz: So nearly a month?

Inspector General Horowitz: Nearly a month.

Sen. Cruz: Thank you, Mr. Horowitz.

Inspector General Horowitz: And just to clarify. 

Sen. Cruz: Please. 

Inspector General Horowitz: Also if I could, it's unclear exactly what and when Director Comey knew because there was testimony from Director McCabe -- Deputy Director McCabe that he briefed him on it somewhere in that late September, early October time period but he also referred to as a 'flyby briefing' and I think in an area like this, you need to be careful is I'm guessing Director Wray could testify to when you're managing 37,000 people, it's unclear whether it’s fair to hold someone accountable in that position if they only got a flyby briefing. So that's why I'm hesitant to speak on that. 

Sen. Cruz: Thank you.

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