Letter to the Hon. Christopher Wray, Director of the Federal Bureau of Investigation - Merkley Asks FBI to Open Perjury Investigation into Secretary Nielsen

Letter

Dear Mr. Wray,

I write to request an investigation to determine whether Secretary of Homeland Security Kirstjen Nielsen committed perjury during her sworn testimony before the House Committee on the Judiciary on December 20, 2018.

The Federal Bureau of Investigation (FBI) has previously indicated that the Department of Justice requires a formal criminal referral from Congress to initiate an investigation concerning Congressional testimony. I write today to execute such a criminal referral.

Compelling new evidence has emerged revealing that high-level Department of Homeland Security officials were secretly and actively developing a new policy and legal framework for separating families as far back as December 2017. This policy, called "Separate Family Units," was specifically designed to gain media attention and generate a "substantial deterrent effect."[1] Despite this fact, while testifying under oath before the House Committee on the Judiciary, Secretary Nielsen stated unequivocally "I'm not a liar, we've never had a policy for family separation."

In light of these conflicting facts, the FBI should immediately investigate whether Secretary Nielsen's statements violate 18 U.S. Code § 1621, 18 U.S.C § 1001, or any other relevant federal statutes that prohibit perjury and false statements to Congress.

Sincerely,

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