ELLEN F. ROSENBLUM ATTORNEY GENERAL FREDERICK M. Boss DEPUTY ATTORNEY GENERAL DEPARTMENT OF JUSTICE Justice Building 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 3784400 June 1,2016 Via USPS and email to curtis.philp@mail.honsegov The Honorable Lamar Smith Chairman House Committee on Science, Space, Technology 2321 Rayburn House Office Building Washington, DC 20515 Dear Chairman Smith: I write in response to the May 18, 2016, letter signed by you and several other Republican members of the House Committee on Science, Space, and Technology requesting various documents and communications related to this of?ce?s purported ?investigation or potential prosecution of companies, nonpro?t organizations, scientists, or other individuals related to the issue of climate change.? Your letter not only requests these records, but also attacks this office?s integrity and conduct without basis to do so. For the reasons set forth below, this of?ce respectfully declines to provide the requested records. Congress does not have jurisdiction to demand records from a state law enforcement of?cial such as the Oregon Attorney General. Congress? investigative jurisdiction tracks its power to legislate and appropriate concerning federal matters, and does not extend any further. See, e. g. Barenblart v. United States, 360 US. 109, 111w12 (1959) (?Congress may only investigate into those areas in which it may potentially legislate or appropriate?). Investigations and other law enforcement actions by a state attorney general are not federal matters. Rather, they involve the exercise of police powers reserved to the States under the Tenth Amendment, and are not the appropriate subject of federal legislation, oversight, or interference. See, New York 12. United States, 505 US. 144, 162 (1992) Constitution has never been understood to confer upon Congress the ability to require the States to govern according to Congress? instructions?). The Honorable Lamar Smith June 1, 2016 Page 2 Apart from erroneously attempting to assert authority over a purely state matter, your letter also incorrectly accuses this of?ce of investigating entities based on their speech or beliefs concerning climate change. Please be advised this of?ce will not be dissuaded from considering whether state laws, including consumer protections laws, may provide redress against knowingly false commercial speech concerning global warming: The First Amendment simply does not protect fraudulent speech. Iliinois v. Telemarketing Associates, Inc. 538 US. 600, 612 (2003); Donaldson v. Read Magazine, Inc, 333 US. 178, 190 (1948) (?This governmental power [to protect people against fraud] has always been recognized in this country and is ?rmly established?). In sum, the Oregon Attorney General intends to continue to look into possible Violations of state law, and she will continue to work, when appropriate, with other states? law enforcement officials. We trust that you appreciate the importance of maintaining the independence of these state law enforcement activities from federal interference. Thank you for your courtesies. Sincerely, 61/ Frederick M. Boss Deputy Attorney General 7417164 cc: Honorable Eddie Bernice Johnson Ranking Member, Committee on Science, Space, Technology Majority Staff, Committee on Science, Space, Technology Rayburn House Office Building, Room 2321 Minority Staff, Committee on Science, Space, Technology Ford House Office Building, Room 394