WASHINGTON – U.S. Sen. Ron Johnson (R-Wis.) and U.S. Sen. Chuck Grassley (R-Iowa) are putting the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) on notice to preserve all records related to Special Counsel Jack Smith’s criminal investigations into President Donald Trump. In the letter sent on Tuesday to Attorney General Merrick Garland, FBI Director Christopher Wray and Special Counsel Jack Smith, the senators noted “[their] request is necessary based on the Justice Department’s past failures to preserve federal records.”

The letter follows the senators’ efforts to ensure accountability for DOJ’s apparent political bias in its investigations of President Trump. The senators requested that DOJ explain what the agency is doing to determine whether employees with access to sensitive investigations, including members of the Mueller Special Counsel team, have leaked classified information to the media.

“Due to the apparent political bias of FBI officials that were involved in the genesis of a case against former President Trump, preservation of Special Counsel Smith’s records is more important than ever,” the senators wrote. “If a politically-charged case is to be opened, it must be done the right way and free from political bias.”

The senators also requested DOJ preserve records from Special Counsel Smith’s investigations to ensure Congress’ ability to provide proper oversight.

“[C]onsidering the Justice Department’s past destruction of federal records relevant to congressional oversight and political bias infecting its decision-making process, we request that you preserve all records related to the Justice Department’s criminal investigations of former President Trump by Special Counsel Smith. The improper conduct of the past cannot be repeated in this matter; therefore, all records must be preserved so that Congress can perform an objective and independent review,” the senators concluded.

Read the full letter here.

Background

Sens. Johnson and Grassley described how DOJ and FBI previously sought to cover their tracks amid sensitive, politically-skewed investigations:

  • DOJ employees in 2020 wiped data from their government phones after assisting in Special Counsel Mueller’s baseless investigation into alleged Russian collusion during the 2016 election.
  • The Justice Management Division failed to review official records on all the government phones it obtained from employees after the Mueller investigation concluded.
  • Some DOJ employees began deleting federal records around the same time the DOJ Office of the Inspector General launched a review into DOJ’s mishandling of Crossfire Hurricane.
  • The FBI agreed to destroy records and potential evidence during its investigation into former Secretary Hillary Clinton’s mishandling of classified information.