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In a stunning move, Congressman Jim Jordan (R-OH) has overruled Attorney General Merrick Garland, telling FBI and Department of Justice officials to ignore guidance Garland issued about speaking to members of Congress.
Jordan, the ranking member of the House Judiciary Committee, sent a letter to FBI Director Christopher Wray and Acting Deputy Attorney General Monty Wilkinson on Wednesday, informing them that he “expects” DOJ officials to disregard Garland’s memo.
The move is unprecedented, and it sets up a potential showdown between the Justice Department and Congress.
In his letter, Jordan wrote that Garland’s memo “attempts to chill your rights as whistleblowers.” He went on to say that DOJ officials should feel free to contact him and other members of Congress about any concerns they have.
Jordan’s letter is just the latest salvo in a growing conflict between the Justice Department and Congress. Last week, Garland issued a memo to Justice Department personnel reminding them of the department’s policy of prohibiting communication with members of Congress.
The move was seen as a direct shot at Jordan and other Republican lawmakers who have been critical of the Justice Department’s handling of the Russia investigation.
Jordan has been a vocal critic of the Justice Department, and he has led the charge in investigating alleged wrongdoing by department officials.
Last year, Jordan was one of the most vocal opponents of then-Attorney General William Barr’s decision to not pursue charges against Trump campaign officials for their role in the Russia investigation.
Jordan has also accused the Justice Department of bias against Trump and his allies.
Jordan’s memo comes in response to a recent directive from Garland that all communications with Congress must be coordinated through the Office of Legislative Affairs (OLA).
“No department employee may communicate with Senators, Representatives, congressional committees, or congressional staff without advance coordination, consultation, and approval by OLA,” Garland wrote in his memo.
Jordan argues that Garland’s directive could have a chilling effect on whistleblowers who want to come forward with information about potential wrongdoing within the DOJ.
“This restriction appears designed to prevent Department employees from disclosing waste, fraud, and abuse to Congress,” Jordan wrote. “It also appears intended to restrict the free flow of information between Congress and the Department.”
Jordan goes on to say that DOJ employees “should feel free to contact Members of Congress or congressional staff” if they have information about potential wrongdoing within the department.
“You should not hesitate to come forward with information about waste, fraud, or abuse – regardless of who is running the Department,” Jordan concludes.
In a letter to DOJ officials on Monday, Jordan wrote that Garland’s policies “run contrary to the intent of Congress” and told employees that they should not let the attorney general “chill your rights as whistleblowers.”
Jordan was referring to a memo Garland sent to DOJ employees last week in which he outlined new restrictions on contact with Congress, including a requirement that any employee who wants to speak with a member of Congress or their staff must first get approval from their supervisor.
It is unclear how Jordan’s latest move will play out, but it is sure to further escalate the tension between the Justice Department and Congress.
