Statement of House Judiciary Committee Chairman Bob Goodlatte Full Committee Hearing on Oversight of the Federal Bureau of Investigation

Chairman Goodlatte: Welcome, Director Comey, to your second appearance before the House Judiciary Committee since your confirmation as the seventh Director of the FBI.  We are happy to have you here with us today.  I once again commend your distinguished service to our nation and am confident you will continue to serve honorably at the helm of the FBI. Today, the FBI continues to face the effects of one of the worst national security leaks in our nation’s history by Edward Snowden two years ago.  Over the past year, the House Judiciary Committee spearheaded passage of the USA Freedom Act, a bipartisan law that ended a controversial national security program and provided expanded oversight and transparency of America’s intelligence-gathering. The USA Freedom Act ensures that federal law appropriately respects civil liberties while providing the necessary tools to preserve our collection capabilities and thereby meet our national security responsibilities.  I want to again thank Director Comey, and the men and women of the FBI, for working closely with Members of this Committee, to ensure passage and enactment of the USA Freedom Act. Events over the past year in the Middle East have deeply violated the world’s moral compass with scenes of unimaginable brutality at the hands of ISIS.  In particular, the appalling and indiscriminate targeting of anyone who fails to abide by ISIS’s stated goal to establish a global caliphate has resulted in the shedding of innocent blood by the most revolting methods.  As a radical Islamic terrorist organization, ISIS mandates conformity to an ideology which permits no dissent.  As Americans with a strong history of protecting religious liberty, we stand in total opposition to ISIS’s decimation of Christian populations in the Middle East and to its vicious tactics. America is not immune to ISIS’s propaganda of terror.  American teenagers have been radicalized, in part, by ISIS’s concerted social media efforts promoting the killing of fellow Americans.  And, just last week, a like-minded cyber hacker was indicted for providing ISIS with information on U.S. service members.  Director Comey, you are at the forefront of protecting our country from those who patiently plot to do us harm.  I am interested today in hearing more about the FBI’s efforts to combat ISIS. Over three years ago, our diplomatic mission to Benghazi, Libya, was attacked by terrorists and four Americans, including our ambassador, were killed.  As of today, only one subject has been apprehended and placed on trial.  I am interested in hearing more from you about the status of the FBI’s investigation and efforts to bring to justice other terrorist killers who murdered four of our citizens. Separately, it was revealed this past year that former Secretary of State Hillary Clinton used a private email server to conduct her official business while serving as Secretary of State.  Two Inspectors General have already reported that classified information was contained within Secretary Clinton’s private email and have referred the matter to the Justice Department. While the apparent lack of transparency related to the use of a private server to conduct the nation’s diplomatic business is troubling, it also raises significant questions concerning the security of national secrets and the potential insight that such a “home-brew” setup may afford a foreign intelligence service into the day-to-day digital record of a top-level government official. On the technology front, the issue known as “Going Dark” has been at the top of the FBI’s concerns in recent years.  Encryption technology is exciting and can effectively secure private communications when privacy is needed or desired.  In fact, over 15 years ago I led congressional efforts to ensure strong encryption technologies and to ensure that the government could not automatically demand a backdoor key to encryption technologies.  This enabled the U.S. encryption market to thrive and produce legitimate encryption technologies for legitimate actors rather than see the market head completely overseas to companies that do not have to comply with basic protections. However, it is true that this technology can also be used by those who wish to do us harm.  Adoption of new communications technologies by those intending harm to the American people is outpacing law enforcement’s technological capability to access those communications in legitimate criminal and terrorist investigations. In light of the Administration’s recent announcement that is not currently seeking a legislative solution to its “Going Dark” challenges, I am interested to hear your perspective on whether the Administration’s newly announced approach to work in an ad-hoc fashion with communications providers is an adequate solution. Finally, violent crime appears to be on the rise across the country, particularly around our major metropolitan centers.  It is disconcerting to watch the gains of the past decades unravel in an explosion of community violence.  We have also witnessed several incidents in the past year that unfortunately have led to increased community tension with law enforcement.  This tension will hopefully be resolved through improved communication, accountability, policing practices, and various other initiatives.  I hope to hear the FBI’s perspective on the reasons for the increase in crime, and how to ensure that law enforcement officers and the citizens they serve can coexist in a safe and respectful environment. In conclusion, Mr. Director, please know that this Committee sincerely appreciates your efforts to keep us safe, and the heroic actions consistently performed by the men and women of the FBI to protect our country.  I look forward to hearing your answers on all of these important topics today, as well as on other issues of significance to the FBI and our nation. More on today’s hearing can be found here.