US. Department of Justice Office of Legistative Attairs Ofc th Asstt Atom Gees Woakingn D.C 20520 ‘The Honorable Devin Nunes Chairman Permanent Select Committ on Intelligence USS, House of Representatives Washington, DC 20515 Dear Chairman Nunes: ‘This responds to your letter to the Deputy Attomey Genera, dated and received Sunday, June 24, 2018, concerning issues related tothe Committee's April 30, 2018, subpoena and ‘multiple subsequent requests made tothe Department of Justice (Department) and the Federal [Bureau of Investigation (FHD, including on June 15, 2018, ‘Your letter asks whether the Department and the FBI “intend to obey” the law. We believe that is exactly what the Department and the FBI have been doing as we have been responding tothe Committee's subpoenas and requests. Our efforts to accommodate the ‘Committee while discharging the Executive Branch's constitutional responsibilities to control the disclosure of national security information and protet the integrity of ongoing investigations have been filly consistent with the law. See, eg, Dep't of Navy v. Fgan, 44'S, 518, 527 (1988); Position ofthe Executive Department Regarding Investigative Reports, 40 Op. Att'y Gen, 45, 6 (1941); Response to Congressional Requests fr Information Regarding Decisions ‘Made Under the Independent Counsel Act, 10 Op. O1.€. 68, 75-78 (1986). The Department follows the policy set forth in President Reagan's 1982 memorandum to agency heuds concerning their responses to congressional oversight, under which the Exeeutive Teh enenges in good faith negotiation with congressional eommittees rst tothe long= established accommodation process, in which Congress and the Executive Branch each seek to accommodate the legitimate needs ofthe other branch, ‘This policy has been recognized by the courts as “an implicit constitutional mandate” applying to both branches. United States v. ATT, 567 F.2d 121, 127 (DC. Cit. 1977). ‘Your lete raised two other questions. As you know, the FBI is one of many components ‘of the Department, The Department and the FIT work closely in protecting the American people by enforcing the law and defending the interests of the United States according othe law. Itis‘The Honorable Devin Nunes Page Two the Department’s general practice to coordinate responses to Congress in a manner consistent ‘with Department policy to ensure thatthe most accurate and responsive information available is provided. Many of your request relate to documents and information regarding issues ‘surrounding confidential human sources that are solely inthe custody and contol of the FBI. The FBI responded to your request of June 15, 2018, because the FBI retains and has the ability to ‘produce the documents requested in a manner consistent with ita obligation to protoct ‘confidential human sources and methods, The Department also has provided documents and answers to your inquiries, including in productions made last week. ‘With respect to your question concerning the use of confidential human sources, the FBI already has responded fo this request, including in aclasified written response to this question x Tune 22, 2018. Please do not hesitate to contact this office for aststance with this o any other matter. Very truly yours, hen EB. Boyd ‘Assistant Attomey General ce: The Honorable Adam Schift Ranking Member ‘The Honorable Christopher A. Weay Direotor, Federal Bureau of Investigation