US. Department of Justice Of?ce of Legislative Affairs Of?ce of the Assistant Attorney General Washington, D. C. 20530 May 6, 2019 The Honorable Jerrold Nadler Chairman Committee on the Judiciary US. House of Representatives Washington, DC 20515 Dear Chairman Nadler: I write in response to your May 3, 2019 letter to the Attorney General. We appreciate the House Committee on the Judiciary?s (Committee) offer to negotiate a reasonable accommodation to the demands made by the April 18, 2019 subpoena, and we emphasize the Department of Justice?s (Department) continued willingness to engage in good faith with the Committee on these issues consistent with its obligations under the law. We were disappointed that the Committee took initial steps this morning toward moving forward with the contempt process. The Department reiterates its concerns with the Committee?s rush to issue a subpoena immediately after the Attorney General took the extraordinary step of publicly disclosing, with as few redactions as possible, the con?dential report of Special Counsel Robert S. Mueller, and after he took the further step of making an even~less-redacted version available to a bipartisan group of congressional leaders. The Committee did so even though you have yet to take advantage of the Department?s offer to review the less-redacted version of the Special Counsel?s report? which naturally raises questions about the sincerity of the Committee?s interest in and purported need for the redacted material. Your refusal to review the less-redacted report also hinders our ability to engage in a meaningful discussion about what speci?c information Congress needs in furtherance of its legitimate legislative activities. Furthermore, the Committee has not articulated any legitimate basis for requesting the law enforcement documents that bear upon more than two dozen criminal cases and investigations, including ongoing matters, and does not identify any available legal basis to authorize the Department to ask a court to share materials protected by Rule 6(e) of the Federal Rules of Criminal Procedure. Indeed, the Committee fails even to address the DC. Circuit?s recent decision on this question. See McKeever v. Barr, 920 F.3d 842, 844?45 (DC. Cir. 2019). Nonetheless, as we have made clear from the outset, the Department welcomes the Committee? offer to attempt to negotiate an acceptable accommodation of our respective interests on these issues. We are prepared to discuss the matters raised in your letter, including your request to provide greater access to the less?redacted version of the report to additional Members of Congress and staff, as well as prioritizing review and possible disclosure of certain materials cited The Honorable Jerrold Nadler Page Two in the Special Counsel?s report, provided that such access and disclosure is done lawfully and in a manner that protects long?established Executive Branch con?dentiality interests. To that end, we invite members of your and the Ranking Member? staff to the Department on the afternoon of Wednesday, May 8, 2019 to negotiate an accommodation that meets the legitimate interests of each of our coequal branches of government. In order to make the meeting productive, we believe that it would make sense for you to at least review the less?redacted version of the report in advance, and we will take steps to ensure that it remains available to you prior to the meeting. We are available to discuss further details of the meeting with you in advance. Steph E. Boyd ss1stant Attorney General cc: The Honorable Doug Collins Ranking Member Committee on the Judiciary US. House of Representatives Washington, DC 20515