July 2, 2020

The Honorable William Barr
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Dear Attorney General Barr:
I write to you regarding the Southern District of New York’s investigation into the hacking of
various environmental groups and others active in efforts to hold oil and gas companies
accountable for having lied about climate science and obstructed government action to limit the
carbon pollution-causing climate change.
The existence of this investigation was reported earlier this month by The New York Times1 and
Reuters.2 Subsequent to the publication of these stories, my staff interviewed individuals with
first-hand knowledge of the matters under investigation. Based on those conversations, I have
concerns that the Southern District’s investigation into this matter will fall victim to political
pressure from Washington.
Suggestions of political interference into ongoing criminal investigations and prosecutions are
rife at this point. The recent termination of the Acting United States Attorney for the Southern
District of New York heightens those concerns for matters in that office. Add to that the interest
of the oil and gas industry in avoiding an inquiry into the events documented in these stories, and
its influence in the Trump administration, and any reasonable observer would have reason to be
concerned.
I have documented elsewhere the influence of the oil and gas industry throughout the Trump
administration.3 I strongly suspect that this industry’s influence extends to decisions made by
Department of Justice — particularly the Department’s antitrust investigation into four
automakers that entered into agreements with the State of California regarding greenhouse gas
Nicole Hong, Barry Meier, and Ronen Bergman, “Environmentalists Targeted Exxon Mobil. Then Hackers
Targeted Them.,” The New York Times (June 9, 2020), https://www.nytimes.com/2020/06/09/nyregion/exxonmobil-hackers-greenpeace.html?action=click&module=News&pgtype=Homepage.
2
Jack Stubbs, Raphael Satter, Christopher Bing, “Exclusive: Obscure Indian cyber firm spied on politicians,
investors worldwide,” Reuters (June 9, 2020), https://www.reuters.com/article/us-india-cyber-mercenariesexclusive-idUSKBN23G1GQ.
3
See, e.g., Comment by Sheldon Whitehouse, et al., available at https://www.regulations.gov/document?D=EPAHQ-OAR-2018-0283-5483.
1

 emissions standards for cars and light trucks, and the Department’s decision to sue California
over its cap-and-trade agreement with Quebec to reduce greenhouse gases. The investigation
was later withdrawn, and the lawsuit quickly dismissed as without merit.4
In the instant investigation, it would appear that one or more oil and gas companies and fossil
fuel trade associations paid for the “opposition research” that ultimately included the illegal
hacking of organizations and individuals. Given the records of the Trump administration and the
Department with the oil and gas industry, the risk is obvious that the investigation will be slowwalked or curtailed to protect the President’s donors and allies in that industry.
I hope you can assure that political interference, counter to the Department’s mission to “ensure
fair and impartial administration of justice for all Americans,” will not be applied to this
investigation. To that end, I am requesting that you provide me with a log of all contacts
between Main Justice and the Southern District regarding this case and that you provide me with
an updated contact log every three months going forward. I am also requesting that you preserve
all communications between Main Justice and the Southern District relating to this case.
A robust civil society is one of the foundations of our democracy, and any effort to illegally
hack, spy upon, or harass civil society organizations deserves to be thoroughly investigated.
There are so many red flags flying around this matter now that I felt it necessary to contact you
directly.
Sincerely,

_________________________
Sheldon Whitehouse
United States Senator

Cc: Ms. Audrey Strauss, Acting United States Attorney, Southern District of New York
The Honorable Michael E. Horowitz, Inspector General of the Department of Justice

Bob Egelko, “Federal judge rules California-Quebec cap-and-trade agreement is valid,” The San Francisco
Chronicle (March 12, 2020), https://www.sfchronicle.com/news/article/Federal-judge-rules-California-Quebec15127202.php.
4