U.S. Sen. Gary Peters, D-Mich., on Thursday criticized the leaders of the FBI and Department of Homeland Security for refusing to publicly testify at a hearing about worldwide threats to the nation. (Photo by Andrew Roth/Michigan Advance)
WASHINGTON — Chair of the Senate Homeland Security Committee Gary Peters criticized the leaders of the FBI and Department of Homeland Security for refusing to publicly testify in a scheduled Thursday hearing about worldwide threats to the nation, a departure from norms that could set a precedent for the incoming Trump administration.
FBI Director Christopher Wray, DHS Secretary Alejandro Mayorkas and Acting Director of the National Counterterrorism Center Brett Holmgren were scheduled to appear before the committee to detail to senators various threats to the United States that can range from cybersecurity to terrorism.
Mayorkas and Wray were also scheduled to testify in the House on Wednesday, but the hearing was postponed to December.
Peters, a Michigan Democrat, said that Wray and Mayorkas refused to publicly testify at the committee’s annual oversight hearing — a first in 15 years — and instead pushed for a classified briefing with senators.
“Their choice to not provide public testimony about their departments’ efforts to address wide-ranging national security threats robs the American people of critical information and the opportunity for public accountability of what the federal government is doing to keep Americans safe,” Peters said in a statement.
The top Republican on the committee, Sen. Rand Paul of Kentucky, also criticized the leaders.
“It is unacceptable that the FBI Director and DHS Secretary are refusing to testify publicly at our annual hearing on threats to the homeland,” he wrote on social media. “The American people deserve to hold these officials accountable for their actions under the Biden Administration.”
In a statement to States Newsroom, the FBI argued the agency has “repeatedly demonstrated our commitment to responding to Congressional oversight and being transparent with the American people.”
“We remain committed to sharing information about the continuously evolving threat environment facing our nation and the extraordinary work the men and women of the FBI are doing — here at home and around the world — to protect the American people and uphold the Constitution of the United States,” the FBI said. “FBI leaders have testified extensively in public settings about the current threat environment and believe the Committee would benefit most from further substantive discussions and additional information that can only be provided in a classified setting.”
A DHS spokesperson, in a statement to States Newsroom, said the agency offered a classified briefing to the committee to “discuss the threats to the Homeland in detail, providing the Committee with the information it needs to conduct its work in the months ahead.”
The spokesperson said DHS has publicly shared “extensive unclassified information about the current threat environment,” including a Homeland Threat Assessment published in October.
“DHS takes seriously its obligation to respond to Congressional requests for testimony; in fact, Secretary Mayorkas has testified 30 times during his tenure,” the spokesperson said.
Peters said he is concerned Wray and Mayorkas will set a precedent for the leaders of the FBI and DHS to scuttle Congress’ oversight authority.
“It cannot be the practice of the Executive Branch to deny the public critical information and disregard Congress’ constitutionally recognized right to conduct oversight,” Peters said.
President-elect Donald Trump has already announced his intent to nominate South Dakota Gov. Kristi Noem to lead DHS. The FBI director is appointed for a 10-year-term and Wray was confirmed in 2017 by Trump after he fired James Comey, who at the time was overseeing the investigation into Russian interference in the 2016 presidential election.