America First Legal (AFL) has released a report highlighting potential legal violations by the Federal Bureau of Investigation (FBI) and Congressional staff regarding nominee background investigations. The report, based on documents obtained from an investigation into the U.S. Department of Justice (DOJ), was submitted to both the U.S. House of Representatives and the U.S. Senate.
The AFL's findings suggest that candidates for presidential appointments have been subjected to repeated breaches of the Privacy Act and the Paperwork Reduction Act during FBI background checks. The report indicates that Senate Judiciary Committee staff may have improperly shared FBI background reports and personal financial information, violating Senate security protocols. Additionally, it claims that the DOJ shared encrypted information electronically, contravening privacy agreements with the White House.
These practices are considered significant as they could potentially be used against future nominees from any administration. The AFL argues that these actions violate existing Memorandums of Understanding between various government bodies and federal laws concerning sensitive information disclosure.
The investigation uncovered instances where DOJ officials allegedly shared background investigation details with Senate Judiciary Committee staff without proper authorization. It also found evidence of confidential financial information being disclosed to Senate staff and encrypted data being sent regarding nominees' background investigations.
In response to these revelations, AFL has called upon several Congressional committee chairmen, including Jim Jordan, James Comer, Dick Durbin, and Gary Peters, to take immediate action to reform what it describes as a flawed process.
Dan Epstein, Vice President of America First Legal, stated: “Candidates for nomination deserve a process designed to ensure only accurate, relevant, timely, and complete information is contained in the background investigation file. AFL’s first letter to the House and Senate Judiciary members showed how the FBI’s process failed in those guarantees. Now we show that privacy protections — and binding agreements signed by the Senate — are routinely defied."
Epstein emphasized concerns about privacy protections being ignored at high levels of government and questioned how private citizens' information might be treated under similar circumstances.