WASHINGTON – The leaders of the FBI and the Department of Homeland Security declined to testify publicly at a scheduled Senate committee hearing Thursday on global threats to national security, a break from standard protocol of open testimony before the panel.
“Their choice to not provide public testimony about their departments’ efforts to address wide-ranging national security threats robs the American people of critical information and the opportunity for public accountability of what the federal government is doing to keep Americans safe," Sen. Gary Peters, chairman of the Senate Homeland Security and Governmental Affairs committee, said in a statement.
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The Michigan Democrat said it was the first time in more than 15 years that an FBI director and Homeland Security secretary had together refused to offer public testimony at the annual committee hearing focused on threats to the homeland, calling it a “shocking departure” from tradition.
A separate hearing scheduled for Wednesday before the House Homeland Security committee also was postponed.
The hearings were to have taken place at a time of significant political transition as Trump is interviewing candidates to replace FBI Director Christopher Wray and has named South Dakota Gov. Kristi Noem to succeed Homeland Security Secretary Alejandro Majorkas.
The threats hearings are an opportunity for members of Congress to hear from these agencies about what they see as key threats facing the nation ranging from weapons of mass destruction to natural disasters.
It's usually the head of the agency that appears although not always. During the first Trump administration when there was frequent turnover at the Department of Homeland Security, DHS Under Secretary David Glawe appeared 2019. Acting Deputy Secretary Kenneth Cuccinelli appeared in 2020 during the pandemic when some members of the panel appeared virtually.
The Senate committee usually starts scheduling its annual hearing months in advance, and previous hearings have always included a public component. The committee was informed Monday that Mayorkas and Wray would not be appearing.
In a statement Thursday, the FBI said it had “repeatedly demonstrated our commitment to responding to Congressional oversight and being transparent with the American people” and remained "committed to sharing information about the continuously evolving threat environment facing our nation.
“FBI leaders have testified extensively in public settings about the current threat environment and believe the Committee would benefit most from further substantive discussions and additional information that can only be provided in a classified setting,” the statement said.
The Department of Homeland Security said in a statement that they and the FBI offered to speak to the committee in a classified setting and emphasized the amount of unclassified information they've already shared publicly.
“DHS and the FBI already have shared with the Committee and other Committees, and with the American public, extensive unclassified information about the current threat environment, including the recently published Homeland Threat Assessment. DHS takes seriously its obligation to respond to Congressional requests for testimony," the department said.
The agency also noted that Mayorkas has testified in Congress 30 times during the nearly four years he’s held his job.