January 22, 2004
The Honorable James Comey
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Deputy Attorney General Comey:
I write to request an update on the investigation into allegations that senior administration officials committed a federal felony by leaking the identity of a covert CIA operative.
The investigation has been underway for four months now and we have received no meaningful reports regarding the progress you are making. I realize there are limitations on information that can be disclosed regarding an ongoing criminal investigation, but, as we have discussed, a prosecutor has the responsibility to assure public confidence in criminal investigations, especially those of such a serious nature.
In the wake of recent calls by former intelligence operatives for a Congressional investigation, I write to ask that you publicly answer several questions regarding the progress you are making:
Has a grand jury been empaneled in this case? Have members of the White House staff signed waivers, permitting journalists to discuss confidential communications? If so, what percent of the White House staff has signed such waivers? Has anyone who has been asked to sign such a waiver refused to do so?
Have journalists been interviewed as part of the investigation? Has any journalist who has been released from confidentiality (assuming any has), refused to answer questions regarding previously confidential communications?
Were White House staffers ordered as a condition of employment to submit to interviews? Has anyone asked for or been offered immunity? If so, how many individuals fit in each category and what types of immunity have been asked for and offered to each?
What other information can you provide us regarding the progress you are making with this investigation?
I look forward to hearing from you soon.
Charles E. Schumer
United States Senator