THE WHITE HOUSE WASHINGTON February 9, 2018 The Honorable Devin Nunes Chairman, House Permanent Select Committee on Intelligence United States Capitol Washington, DC 205 15 Dear Mr. Chairman: On February 2, 2018, the President declassi?ed a memorandum in response to a request by the House Permanent Select Committee on Intelligence (hereinafter ?the Committee?). I noted in my letter conveying the declassi?ed memorandum to you that the Executive Branch would continue to work with the Committee in connection with its present oversight activities to ensure protection of intelligence sources and methods. On February 5, 2018 the Committee voted to disclose publicly a second classi?ed memorandum written by Committee members (the ?February 5th Memorandum?). As I previously explained, the public release of classi?ed information by unilateral action of the Legislative Branch is extremely rare and raises serious separation of powers concerns, as the Constitution vests the President with the authority to control access to sensitive national security information. See, e. g. Dep ?t of Navy v. Egan, 484 U. S. 518, 527 (1988). Accordingly, we are once again treating the Committee? 5 actiOn as a request for declasSi?cation pursuant to the President?s constitutional authority. Consistent with the review of the previous memorandum, the President asked the Of?ce of the Director of National Intelligence and the Department of Justice to assess the declassi?cation request and provide him recommendations. The Department has identi?ed portions of the February 5th Memorandum the disclosure of which it believes would create especially signi?cant concerns for the national security and law enforcement interests. The enclosed letter from the Deputy Attorney General and the Director of the Federal Bureau of Investigation explains these determinations in greater detail. Although the President is inclined to de'classify?the February 5th Memorandum, because the Memorandum contains numerous properly classi?ed and especially sensitive passages, he is unable to do so at this time. However, given the public interest in transparency in these unprecedented circumstances, the President has directed that Justice Department personnel be available to give technical asSistance to the Committee, should the Committee wish to revise the February 5th Memorandum to mitigate the risks identi?ed by the Department. The President encourages the Committee to undertake these efforts; The Executive Branch stands ready to review any subsequent draft of the February 5th Memorandum for declassi?cation at the earliest opportunity. Sincerely, AM Donald F. McGahn II Counsel to the President cc: The Honorable Paul Ryan Speaker of the House of Representatives The Honorable Adam Schiff Ranking Member, House Permanent Select Committee on Intelligence Enclosures U.S. Department of Justice DC 2053!) February 9, 2018 Mr. Donald F. McGahn ll Counsel to the President The White House 1600 Avenue, NW Washington. DC 20500-0003 Dear Mr. McGahn: At your of?ce?s request, the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) have reviewed the January 29. 2018 memorandum from the House Permanent Select Committee on Intelligence (HPSCI) Minority to all Members of the House of Representatives. Specifically, you have asked us to identify the information about which DOJ and the FBI would have national security or law enforcement concerns if released publicly. Enclosed please ?nd a version of the document that identities, in highlighted text, information the release of which would present such concerns in light of longstanding principles regarding the protection of intelligence sources and methods, ongoing investigations, and other similarly sensitive information. We have further identi?ed, in red boxes. the subset of such information for which national security or law enforcement concerns are especially significant. Our determinations have taken into account the information previously declassified by the President as communicated in a letter to HPSCI Chairman Devin Nunes dated February 2, 2018. Sincerely, WW Rod J. enstein Deputy ,ttorney General Director Federal Bureau of nvestigation Enclosure