Dismissal of U.S. attorneys controversy hearings

See Dismissal of U.S. attorneys controversy documents
Dismissal of U.S. attorneys controversy documents
The various documents obtained by request or subpoena during dismissal of U.S attorneys controversy by both the United States House and Senate Committees on the Judiciary, originally produced by the Department of Justice or White House have been made available to the public and press via the two...

for publicly released documents and hearings transcripts.

The United States House Committee on the Judiciary

United States House Committee on the Judiciary

The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...

and the Senate Committee on the Judiciary

United States Senate Committee on the Judiciary

The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...

, have oversight authority over Department of Justice

United States Department of Justice

The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

(DOJ). In 2007 it conducted public and closed-door oversight and investigative hearings on the DOJ's interactions with the White House and staff members of the Executive Office of the President. A routine oversight hearing on January 18, 2007 by the Senate committee was the first public congressional occasion that Attorney General Gonzales responded to questions about dismissed United States Attorneys (USAs). Both committees invited or subpoened past and present Department of Justice officers and staff to appear and testify during 2007, and both committees requested or subpoenaed documents, and made the documents that were produced publicly available.

Sources and access to committee calendars

Committee on the Judiciary
Senate Committee on the Judiciary
Senate Committee on Rules and Administration The Committee has authority over federal elections generally, including the election of the President, Vice President, and Members of the Congress, and specifically the Federal Election Commission.

Hearing dates with witnesses

January 18, 2007 - Senate Judiciary Committee: Oversight of the U.S. Department of Justice

Witness: Alberto Gonzales

Alberto Gonzales

Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...

, Attorney General

February 6, 2007 - Senate Judiciary Committee: Is the DOJ Politicizing the Hiring and Firing of U.S. Attorneys?

Witnesses:
Senator Mark Pryor

Mark Pryor

Mark Lunsford Pryor is the senior United States Senator from Arkansas, serving since 2003. He is a member of the Democratic Party and former Attorney General of Arkansas....

(D-Arkansas)
Paul J. McNulty, Deputy Attorney General, U.S. Department of Justice
Mary Jo White, Partner, Debevoise & Plimpton, LLP, New York, NY
Laurie L. Levenson

Laurie Levenson

Laurie L. Levenson is the William M. Rains Fellow and Director of the Center for Ethical Advocacy at Loyola Law School. She has written books on California criminal law and is a frequent television commentator on criminal legal issues, first coming to fame as a frequent commentator for CBS in the...

, Professor of Law, Loyola Law School, Los Angeles, CA
Stuart M. Gerson, Partner, Epstein Becker & Green, Washington, DC

March 6, 2007 - House and Senate Judiciary Committees, in separate hearings
House: Subcommittee on Commercial and Administrative Law: H.R. 580, Restoring Checks and Balances in the Confirmation Process of U.S. Attorneys
Senate: "Part II–Preserving Prosecutorial Independence"

Witnesses for both hearings:
William Moschella

William Moschella

William Emil Moschella , a United States lawyer and former Associate Deputy Attorney General.- Career :Moschella received a bachelor's degree from the University of Virginia in 1990. Following graduation, he spent seven years in a variety of positions in the office of Congressman Frank R...

, Principal Associate Deputy Attorney General, Department of Justice
Carol Lam

Carol Lam

Carol Chien-Hua Lam is a former United States Attorney for the Southern District of California. Lam was sworn into office on an interim basis on September 4, 2002. On November 12, 2002, Lam was further sworn in as a Senate confirmed Presidential appointee. She oversaw the Rep. Randy "Duke"...

, Former U.S. Attorney
David Iglesias

David Iglesias (attorney)

David Claudio Iglesias is an American attorney from Albuquerque, New Mexico.He was appointed by President George W. Bush as the United States Attorney for the District of New Mexico in August 2001 and confirmed by the U.S. Senate in October 2001. He served for 6 years. He was one of eight U.S...

, Former U.S. Attorney
Bud Cummins

Bud Cummins

Harry Earnest "Bud" Cummins III is a former United States Attorney of five years in the Eastern District of Arkansas.-Career:...

, Former U.S. Attorney
John McKay

John McKay (attorney)

John Larkin McKay is a former United States Attorney for the Western District of Washington.John Larkin McKay, a member of a prominent Republican family in the state, attended the University of Washington, where he received a Bachelor of Arts degree in political science in 1978...

, Former U.S. Attorney
Daniel Bogden

Daniel Bogden

Daniel G. Bogden is best known for serving as United States Attorney for the District of Nevada, and being part of the Dismissal of U.S. attorneys controversy....

, Former U.S. Attorney
Paul Charlton

Paul Charlton

Paul Charlton was a United States District Judge for the United States District Court for the District of Puerto Rico from 1911 to 1913.-Biography:...

, Former U.S. Attorney
John Smietanka

John Smietanka

John Smietanka was the prosecutor for Berrien County, Michigan, from 1974 to 1981, and a United States Attorney in Western Michigan, appointed by Ronald Reagan, from 1981 until 1994.- Career as a U.S. attorney :...

, Former U.S. Attorney
Representative Darrell Issa

Darrell Issa

Darrell Edward Issa is the U.S. Representative for , and previously the 48th, serving since 2001. He is a member of the Republican Party. He was formerly a CEO of Directed Electronics, the Vista, California-based manufacturer of automobile security and convenience products...

, R-California
Former Representataive Asa Hutchinson

Asa Hutchinson

William Asa Hutchinson is a former U.S. Attorney for the Fort Smith-based Western District of Arkansas, U.S. Congressman from the Third District of Arkansas, Administrator of the U.S. Drug Enforcement Administration and the first-ever Under Secretary for Border & Transportation Security at the U.S...

Former Deputy Attorney General George Terwilliger

George Terwilliger

George Terwilliger was an American film director and screenwriter of silent and early sound-era films. He directed 76 films between 1912 and 1936. He also wrote 54 films between 1910 and 1939....

March 29, 2007 - Senate Judiciary Committee: Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? -– Part III

Witness: D. Kyle Sampson, former Chief of Staff to Attorney General Gonzales

April 19, 2007 - Senate Judiciary Committee: "Department of Justice Oversight

Witness: Attorney General Alberto Gonzales

May 3, 2007 - House Judiciary Committee, Subcommittee on Commercial and Administrative Law: Hearing on The Continuing Investigation into the U.S. Attorneys Controversy

Witness: James Comey, Former Deputy Attorney General

May 11, 2007 - House Judiciary Committee

Witness: Attorney General Alberto Gonzales

May 15, 2007 - Senate Judiciary Committee: Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? –- Part IV

Witness: James Comey, Former Deputy Attorney General

May 23, 2007 - House Judiciary Committee: The Continuing Investigation into the U.S. Attorneys Controversy and Related Matters

Witness: Monica K. Goodling, former DOJ White House Liaison

June 5, 2007 - Senate Judiciary Committee: Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? -- Part V

Panel 1: Bradley J. Schlozman, Associate Counsel to the Director, Executive Office for United States Attorneys.

Former Interim U.S. Attorney for the Western District of Missouri; Former Principal Deputy Assistant Attorney General; Former Acting Assistant Attorney General for the Civil Rights Division, U.S. Department of Justice, Washington, DC

Panel 2: Todd Graves

Todd Graves

This article is about the U.S. Attorney. For the entrepreneur/restaurateur, see Todd Graves .Todd Graves was United States Attorney for the Western District of Missouri. He took his oath of office on September 17, 2001, initially as an interim United States attorney appointed by the U.S...

, Former U.S. Attorney, Western District of Missouri, Kansas City, MO

June 7, 2007 - Senate Judiciary Committee: "Prevention of Deceptive Practices and Voter Intimidation in Federal Elections: S. 453 - Senator Cardin presiding.

Witness List:

Panel I

Charles Schumer, United States Senator [D-NY]

Barack Obama, United States Senator [D-IL]

Panel II

Douglas F. Gansler, Attorney General, State of Maryland, Baltimore, MD

Jack B. Johnson

Jack Bruce Johnson is an American politician who served as the county executive of Prince George's County, Maryland from 2002 to 2010. On November 12, 2010, both Johnson and his wife were indicted on federal charges as part of a larger political corruption scandal in the county...

, County Executive, Prince George’s County, MD, Upper Marlboro, MD

Panel III

Hilary O. Shelton, Director, Washington Bureau, National Association for the Advancement of Colored People [NAACP], Washington, DC

John Trasvina, President and General Counsel, Mexican American Legal Defense and Education Fund MALDEF, Los Angeles, CA

Richard Briffault, Joseph P. Chamberlain Professor of Legislation, Columbia Law School, New York, NY

William B. Canfield, Principal, Williams & Jensen PLLC, Washington, DC

Peter N. Kirsanow, Commissioner, United States Commission on Civil Rights, Washington, DC

June 13, 2007 Senate Committee on Rules and Administration

Nominations to the Federal Election Commission

Steven T. Walther

Steven T. Walther is Chairman of the United States Federal Election Commission, as of January 1, 2009.He was first sworn in as a Commissioner on January 10, 2006, as a recess appointee. Although his name was placed before the Senate for confirmation in June, 2007, his recess term expired on...

(Nevada), Nominated to term expiring April 30, 2009 (vice Scott E. Thomas, term expired)

Robert D. Lenhard

Robert D. Lenhard is a senior attorney in the of Mr. Lenhard formerly served as Chairman of the Federal Election Commission, the United States Government agency that administers and enforces the Federal Election Campaign Act - the statute that governs the financing of federal elections. Lenhard...

(Maryland), Nominated to term expiring April 30, 2011 (vice Danny L. McDonald, term expired)

David V. Mason (Virginia), Nominated to term expiring April 30, 2009 (reappointment)

Hans von Spakovsky (Georgia), Nominated to term expiring April 30, 2011 - Recess appointee to the FEC (vice Bradley A. Smith, resigned)

June 15, 2007 'House Judiciary Committee, staff investigators

Private interview:

Mary Beth Buchanan

Mary Beth Buchanan, née Kotcella, , was the United States Attorney for the Western District of Pennsylvania. She was nominated by George W...

, U.S. Attorney for the Western District of Pennsylvania, former director of the U.S. Justice Department's Executive Office for United States Attorneys from June 2004 to June 2005

July 24, 2007 Senate Judiciary Committee

Witness: Attorney General Alberto Gonzales

Alberto Gonzales

. Concerning Oversight of the Department of Justice.

Senate Judiciary Committee - January 18, 2007

Gonzales stated:

Senate Judiciary Committee - April 19, 2007

Alberto Gonzales

was scheduled to testify before Congress on April 17, 2007
(Link to Gonzales's April 19, 2007 opening statement). In the aftermath of the mass shooting at Virginia Tech

Virginia Tech massacre

The Virginia Tech massacre was a school shooting that took place on April 16, 2007, on the campus of Virginia Polytechnic Institute and State University in Blacksburg, Virginia, United States. In two separate attacks, approximately two hours apart, the perpetrator, Seung-Hui Cho, killed 32 people...

, Senate Judiciary Committee

United States Senate Committee on the Judiciary

chairman Patrick Leahy

Patrick Leahy

Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

postponed the hearing until April 19.
In advance of his testimony, a separate Gonzales statement was published in the Washington Post on April 15, 2007. He said "While I accept responsibility for my role in commissioning this management review process, I want to make some fundamental points abundantly clear. I know that I did not -- and would not -- ask for the resignation of any U.S. attorney for an improper reason. Furthermore, I have no basis to believe that anyone involved in this process sought the removal of a U.S. attorney for an improper reason."
Alberto R. Gonzales, Nothing Improper Washington Post, April 15, 2007

The Gonzales statement responded to the allegations that his previous testimony contradicted Sampson testimony before Congress. Gonzales stated: "While I have never sought to deceive Congress or the American people, I also know that I created confusion with some of my recent statements about my role in this matter. To be clear: I directed my then-deputy chief of staff, Kyle Sampson, to initiate this process; fully knew that it was occurring; and approved the final recommendations. Sampson periodically updated me on the review. As I recall, his updates were brief, relatively few in number and focused primarily on the review process. During those conversations, to my knowledge, I did not make decisions about who should or should not be asked to resign."

On April 19, 2007, Gonzales testified before the Senate Judiciary Committee. Gonzales received intense questioning from both the Democratic and Republican members on the committee. Many Republicans on the committee openly criticised the attorney general and his handling of the matter questioning his honesty, competence and stating that he should "suffer the consequences" from the controversial firings.
Gonzales also admitted during the testimony that when he ordered the firing of the US attorneys he did not know the reason for firing two of them. The attorney general stated that he "didn't have an independent basis or recollection" about the job performance of Nevada U.S. Attorney Daniel G. Bogden. With regards to Chiara, Gonzales stated, "Quite candidly . . . I don't recall the reason why I accepted" staff advice on why to dismiss Chiarra and only after the fact did Gonzales learn "it was a question of . . . poor-management issues."
In another interesting exchange, Gonzales stated that he had approved the decision but didn't recall when the decision was made.
("'Well, how can you be sure you made the decision?' Mr. Leahy asked."'Senator, I recall making the decision from this—I recall making the decision,' Mr. Gonzales replied. "'When?' Mr. Leahy responded."'Senator,' Mr. Gonzales replied. 'I don't recall when the decision was made.')
Gonzales stated more than 60 times that he "couldn't recall" certain incidents.

After Gonzales's April 19, 2007 testimony to the Judiciary Committee, both Senators Leahy and Specter expressed their disappointment with the results. Both stated that they still do not have a clear explanation of the reasons the eight attorneys were fired, with Leahy suggesting that political influence was the likely explanation, and Specter suggesting that incompetence might be the likely explanation.
Both Senators also expressed the concern that, either way, the controversy was undermining the integrity of the Department of Justice. The White House put out a statement that day saying "the president was pleased with the attorney general's testimony, and that he felt he answered [the] questions, and that he had admitted mistakes were made, but that he has the full confidence of the president." Leahy replied to the interviewer about the White House statement: "Well, the president has set a very low bar, indeed."
CNN

CNN

Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...

later reported that White House insiders thought that Gonzales had hurt himself with his recent testimony and described his performance before the Judiciary committee as "going down in flames," "not doing himself any favors,"
and "predictable."

A few days later, President Bush reiterated "The Attorney General ... gave a very candid assessment, and answered every question he could possibly answer, honestly answer, in a way that increased my confidence in his ability to do the job....[A]s the investigation, the hearings went forward, it was clear that the Attorney General broke no law, did no wrongdoing. And some senators didn't like his explanation, but he answered as honestly as he could. This is an honest, honorable man, in whom I have confidence."
Nevertheless, Gonzales continued to come under increasing criticism, including from "key GOP lawmakers".

House Judiciary Committee - May 10, 2007

Alberto Gonzales testified before the U.S. House Committee on the Judiciary regarding the dismissal of U.S. Attorneys.
His prepared oral, and extended written statements were released in advance of the hearing at the House Judiciary Committee.
Link to Gonzales's oral statement May 10, 2007 Link to Gonzales's extended written statement, May 10, 2007
He provided no additional information regarding the controversy to the frustration and incredulity of many on the committee. He "acknowledged for the first time Thursday that [other] U.S. attorneys might have resigned under pressure from the Justice Department, but said their departures were unrelated to the controversial firings of eight prosecutors last year." Gonzales testified that there was nothing improper about the dismissal or resignations of Graves, Heffelginger, or Yang. He addressed the cases of Biskupic in Wisconsin and Paulose in Minnesota. Unlike the April 19, 2007 hearing before the Senate Committee on the Judiciary, several Republicans came to the defense of Gonzales, including Lamar Smith

Lamar S. Smith

Lamar Seeligson Smith is the U.S. Representative for , serving since 1987. The district includes most of the wealthier sections of San Antonio and Austin, as well as nearly all of the Texas Hill Country...

of Texas

Texas

Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

Senate Judiciary Committee - July 24, 2007

Attorney General Gonzales's Prepared Statement Before the Committee on th Judiciary, United States Senate, Concerning Oversight of the Department of Justice. July 24, 2007 (via Senate Judiciary Committee).

Senate Judiciary Committee - February 6, 2007

Concerns expressed by Senators Feinstein and Pryor concerning the Senate's preogative in confirming U.S. Attorney nominations in early January were followed up by hearings before the Senate Judiciary Committee on February 6, 2007 called by Senator Schumer (D

Democratic Party (United States)

The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

, New York

New York

New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

) with Deputy Attorney General Paul McNulty

Paul McNulty

Paul J. McNulty is the former Deputy Attorney General of the United States, having previously served as the U.S. Attorney for the Eastern District of Virginia. He held the position until July 26, 2007....

as witness.
McNulty underscored that the seven were fired for job performance issues, and not political considerations.
McNulty later called Senator Schumer by telephone to apologize for that inaccurate characterization of the firings, however.
At least six of the seven had recently received outstanding job performance ratings. McNulty testified that Bud Cummins

Bud Cummins

Harry Earnest "Bud" Cummins III is a former United States Attorney of five years in the Eastern District of Arkansas.-Career:...

, the U.S. Attorney for Arkansas, was removed to install a former aide to Karl Rove

Karl Rove

Karl Christian Rove was Senior Advisor and Deputy Chief of Staff to former President George W. Bush until Rove's resignation on August 31, 2007. He has headed the Office of Political Affairs, the Office of Public Liaison, and the White House Office of Strategic Initiatives...

and Republican National Committee

Republican National Committee

The Republican National Committee is an American political committee that provides national leadership for the Republican Party of the United States. It is responsible for developing and promoting the Republican political platform, as well as coordinating fundraising and election strategy. It is...

opposition research director, the 37-year-old Timothy Griffin

Timothy Griffin

John Timothy Griffin is the U.S. Representative for . He is a member of the Republican Party. He was a United States Attorney for the Eastern District of Arkansas from December 2006 to June 2007, appointed by Attorney General Alberto Gonzales.-Early life and education:Griffin was born in...

.
Cummins, apparently, "was ousted after Harriet E. Miers, the former White House counsel, intervened on behalf of Griffin."
In subsequent closed-door testimony on April 27, 2007 to the committee, McNulty said that days after the February hearing, he learned that White House officials had not revealed to him White House influence and discussions on creating the list.

McNulty's testimony that the attorneys were fired for "performance related issues" caused the attorneys to come forward in protest.

Senate Judiciary Committee - March 29, 2007

Sampson appeared before the Senate Judiciary Committee

United States Senate Committee on the Judiciary

on March 29, 2007 to discuss the firings. At that hearing, Sampson stated that, contrary to Attorney General Alberto Gonzales's

Alberto Gonzales

prior statements, the Attorney General had been involved in the final decision to dismiss the US Attorneys. "I don't think the attorney general's statement that he was not involved in any discussions of U.S. attorney removals was accurate...I remember discussing with him this process of asking certain U.S. attorneys to resign."

In response Gonzales stated "I don't recall being involved in deliberations involving the question of whether or not a U.S. attorney should or should not be asked to resign...I signed off on the recommendations and signed off on the implementation plan. And that's the extent of my involvement...I know what I did and I know the motivations for the decisions that I made were not based on improper reasons."
Media attention has highlighting Sampson's inability to recall the events surrounding the Dismissal of the U.S. Attorneys. Sampson could not recall information asked by committee members over a hundred times.

In a press conference on April 3, 2007, President Bush responded to questions about the attorney general and the ongoing controversy by stating: "Attorney General Al Gonzales is an honorable and honest man and he has my full confidence...I will remind you there is no credible evidence that there has been any wrongdoing...I appreciate [the dismissed US Attorneys'] service. I'm sorry that these hearings and all this stuff have besmirched their reputations. It's certainly not the intent of anybody in this administration."

On April 13, 2007, documents were released in response to further Congressional inquiry that appeared to contradict parts of Sampson's testimony. Sampson said during his testimony that "[he] did not have in mind any replacements for any of the seven who were asked to resign" on December 7, 2006. The released emails showed that Sampson had identified five Bush administration insiders as potential replacements for sitting U.S. attorneys months before those prosecutors were fired: Jeffrey A. Taylor, now chief prosecutor in the District of Columbia, Deborah Rhodes, now the U.S. attorney in Alabama, Rachel L. Brand, head of the Justice Department's Office of Legal Policy, Daniel Levin, a former senior Justice and White House official who was listed as a San Francisco candidate, and Tim Griffin, a former aide to presidential adviser Karl Rove who was later appointed the top federal prosecutor in Little Rock. In response to this information, Sampson's attorney stated that these candidates were only tentative suggestions and never seriously considered. Justice Department spokesman Brian Roehrkasse said the list "reflects Kyle Sampson's initial thoughts" and "in no way contradicts the department's prior statements" about the lack of a candidate list."

Goodling testimony

Monica Goodling

Monica Marie Goodling is a former United States government lawyer and political appointee in the George W. Bush administration who became known in 2007 in the midst of a political controversy surrounding the firings of several United States Attorneys...

served in the Department of Justice and was the Justice Department's liaison to the White House.
As such, she had helped coordinate the dismissal of the attorneys with the White House.
Congress had called Goodling to testify regarding her role in the dismissals, but after originally agreeing to appear, Goodling cancelled, citing the Fifth Amendment

Fifth Amendment to the United States Constitution

The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

right against self-incrimination.
On April 6, 2007, Monica Goodling resigned from her position at the Department of Justice.

House Judiciary Committee - May 23, 2007

Goodling appeared before the House Judiciary Committee, on May 23, 2007, under a grant of limited immunity. She provided to the committee a written statement that she read at the start of her testimony.
In response to questions during the hearing, Goodling stated that she had "crossed the line" and broke civil service laws about hiring, and improperly weighed political factors in considering applicants for career positions at the Department of Justice.
Link to Washington Post transcript of the hearing.

Goodling cited McNulty's testimony to the Committee as being "incomplete or inaccurate," and stated that McNulty should have properly disclosed to the committee his: knowledge of White House role in ceating the list of USAs to dismiss;
(2) knowledge of the White House role in the selection of Tim Griffin as the interim USA;
(3) the DOJ's assessment of the Parsky Commission, an evaluation committee set up in California to assess, screen and put forwarad candidates for political appointments such as for U.S. attorneys;
(4) knowledge of allegations that Tim Griffin conducted vote caging, a potentially illegal partisan effort remove targeted populations from the voting registration lists, during the 2004 Bush presidential campaign. (Such allegations would make Griffin's confirmation by the Senate more difficult.)

McNulty responded in a press release from the DOJ, the same day as the hearing, stating:

"I testified truthfully at the Feb. 6, 2007, hearing based on what I knew at that time. Ms. Goodling's characterization of my testimony is wrong and not supported by the extensive record of documents and testimony already provided to Congress."

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