Two influential Judiciary Committee senators have referred Christopher Steele to federal law-enforcement officials for criminal investigation. Steele authored the salacious and unverified anti-Trump dossier commissioned by the Hillary Clinton presidential campaign. The referral was made by Committee Chairman Chuck Grassley (R., Iowa) and Senator Lindsey Graham (R., S.C.), who chairs Judiciary’s Crime and Terrorism Subcommittee. It is set forth in a brief letter written to the leadership of the epartment and the FBI. Appended to the letter is a non-public classified memorandum.
As our David French outlined on Friday, there has been misguided speculation about what the referral means. This includes rabid claims that it is a stunt intended to delegitimize congressional and special-counsel investigations of Russia’s interference in the 2016 election and supposed Trump-campaign collusion therein. At the Washington Examiner, Byron York also had an excellent column over the weekend that did much to clear up the confusion.
Here, in the first of two columns, I address what may be going on regarding representations Steele made to American intelligence officials. In the follow-up, I take up representations those officials made regarding Steele’s dossier.
Let’s start with what a referral is. It’s a request by a peer branch of government that the executive branch conduct a criminal investigation. Lawmakers in their oversight capacity, and judges presiding over legal proceedings, often come across conduct that may violate federal criminal law — particularly, obstructive behavior. Congress and the courts have no power to conduct criminal investigations and prosecutions; in our system, that is solely an executive function. So, members of Congress and judges will refer suspected criminal conduct to the Justice Department and FBI. These referrals are given respectful attention, but they impose no obligation on the executive agencies to investigate.