[Congressional Record Volume 164, Number 43 (Monday, March 12, 2018)]
[Senate]
[Page S1642]
NOTICE OF INTENT TO OBJECT TO PROCEEDING
I, Senator Charles E. Grassley, intend to object to proceeding to the
nomination of Jason Klitenic, of Maryland, to be General Counsel of the
Office of the Director of National Intelligence, dated March 12, 2018.
Mr. GRASSLEY. Mr. President, I intend to object to any unanimous
consent request at the present time relating to the nomination of Jason
Klitenic, of Maryland, to be General Counsel of the Office of the
Director of National Intelligence (ODNI), until the ODNI and the Office
of the Inspector General of the Intelligence Community (IC IG) provide
fulsome responses to questions posed and documents requested concerning
the Acting IC IG's efforts to terminate the Executive Director for
Intelligence Community Whistleblowing and Source Protection and to
hamstring the whistleblower protection program in the intelligence
community.
To be clear, I have no concerns regarding Mr. Klitenic's capabilities
or qualifications, and ultimately no intent of withholding my support
for him as soon as this matter is resolved.
On November 29, 2017, I sent a letter to ODNI Director Daniel Coats
and to Acting IC IG Wayne Stone noting disturbing allegations my office
received that the IC IG was moving to terminate the Executive Director
as part of an effort to significantly weaken the IC IG's role in
ensuring consistent and effective whistleblower protections throughout
the intelligence community. I requested that the offices seek to
preserve all information contained in the Executive Director's office,
much of which concerned highly sensitive protected disclosures made by
individuals within the intelligence community, as well as allegations
of wrongdoing against senior officials within the IC IG. I also sought
all documents related to the IC IG's efforts to place the Executive
Director on administrative leave and pursue personnel action against
him. At that time, I informed the Chairman of the Senate Select
Committee on Intelligence that I would object to any unanimous consent
request to confirm Mr. Klitenic until I received an answer to my
letter. To date, I have received no response.
Since that time, the IC IG has indeed moved to terminate the
Executive Director, and I have continued to receive reports that this
process has been marked by significant irregularities, conflicts of
interest, and ongoing efforts to ``stack the decks'' in hiring prior to
the arrival of a new permanent, Senate-confirmed head of that office,
who rightfully should have the authority to make such decisions.
Moreover I have reason to believe these latest efforts may be a direct
response to displeasure within the IC IG with Congress's exercise of
its constitutional responsibility to provide fully informed advice and
consent with respect to the President's nomination of a permanent IG.
If true, such behavior is totally unacceptable. It is an affront not
only to this institution but to the President's prerogative to choose
nominees, with the advice and consent of the Senate, to lead the
agencies under his authority. On the contrary, I would note that there
is no independent authority anywhere in the Constitution granted to
freewheeling bureaucrats.
Based on these ongoing concerns, Senator Ron Wyden joined me in
sending a letter on March 6, 2018 to Director Coats following up on my
original letter and seeking a stay of any personnel action against the
Executive Director until Congress has an opportunity to review this
action and fully understand exactly how the IC IG is, or is not,
appropriately administering the IC whistleblowing program. Until we
have answers, I will object to Mr. Klitenic's confirmation.
____________________