Comer Presses NARA Inspector General About Justice Department Referral

WASHINGTON—House Committee on Oversight and Reform Ranking Member James Comer (R-Ky.) today is requesting the National Archives and Records Administration (NARA) Office of the Inspector General (OIG) provide documents and communications about its decision to send a criminal referral to the Department of Justice regarding allegations against former President Trump. A recently released affidavit reveals NARA’s OIG is responsible for the referral to the Justice Department, which led to the Mar-a-Lago raid. 

Below is the text of the letter. The full letter can be found here.

September 1, 2022

Dear Dr. Baker:

On August 8, 2022, the Federal Bureau of Investigation (FBI) raided the home of former President Donald J. Trump. This raid was unprecedented.  Unfortunately, the Department of Justice (DOJ) has refused to be transparent with the American people about the details of this unprecedented action.  The raid was apparently necessary to collect certain documents sought by the National Archives and Records Administration (NARA) allegedly in former President Trump’s possession.  According to the recently released affidavit predicating the issuance of a search warrant, NARA’s Office of the Inspector General (OIG) referred the matter to DOJ. Republicans on the Committee on Oversight and Reform request information and documents regarding this referral, including the OIG’s role in reviewing this matter.

On August 10, 2022, Committee Republicans requested documents and information from Acting Archivist Debra Steidel Wall about NARA’s role in the Mar-a-Lago raid. However, in response to our request, NARA denied possessing any responsive documents despite publicly available information indicating otherwise.  We requested NARA amend what appears to be an incomplete response to our first request for information.

While Committee Republicans pursue answers from NARA, the affidavit filed by the FBI before the U.S. District Court for the Southern District of Florida described the need for a search warrant for the Mar-a-Lago raid when unsealed in a heavily redacted form and revealed the OIG’s participation in referring this matter to DOJ.  According to the affidavit, on February 9, 2022, “the Special Agent in Charge of NARA’s Office of the Inspector General sent the NARA Referral via email to DOJ.”  Transparency is particularly important in the post-pandemic era when Americans are lacking trust in our nation’s institutions.  Congress, and particularly the Oversight Committee, has a duty to provide transparency and accountability for the American people. 

Please provide the following documents, covering the time period from January 20, 2021, to present, no later than September 15, 2022:

1. All documents and communications between any employee or agent of the NARA OIG and NARA regarding documents in the possession of President Trump;
2. All documents and communications between any employee or agent of the NARA OIG and the FBI or Department of Justice, including the Offices of the United States Attorneys, regarding documents in the possession of President Trump; and
3. All documents and communications between or among employees or agents of the NARA OIG regarding any documents in the possession of former President Trump.

To ask any related follow-up questions, please contact Committee on Oversight and Reform Republican Staff at (202) 225-5074.  

The Committee on Oversight and Reform has specific jurisdiction over NARA under House Rule X.  Additionally, the Committee on Oversight and Reform is the principal oversight committee of the U.S. House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.  Thank you for your attention to this matter.

Sincerely,

James Comer

Ranking Member, Committee on Oversight and Reform