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                                                House Calendar No. 31
                                                
116th Congress   }                                         {   Report
                        HOUSE OF REPRESENTATIVES                 
1st Session      }                                         {   116-125
_______________________________________________________________________

                                     

                                                  
RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND WILLIAM 
  P. BARR, ATTORNEY GENERAL OF THE UNITED STATES, AND WILBUR L. ROSS, 
  JR., SECRETARY OF COMMERCE, IN CONTEMPT OF CONGRESS FOR REFUSAL TO 
  COMPLY WITH SUBPOENAS DULY ISSUED BY THE COMMITTEE ON OVERSIGHT AND 
                                 REFORM

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON OVERSIGHT AND REFORM

                        HOUSE OF REPRESENTATIVES

                             together with

                    MINORITY AND SUPPLEMENTAL VIEWS
                    




   June 24, 2019.--Referred to the House Calendar and ordered to be 
                                printed
                          
                              _________ 
                                  
                U.S. GOVERNMENT PUBLISHING OFFICE
36-851                    WASHINGTON : 2019                     


                                


RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND WILLIAM 
  P. BARR, ATTORNEY GENERAL OF THE UNITED STATES, AND WILBUR L. ROSS, 
  JR., SECRETARY OF COMMERCE, IN CONTEMPT OF CONGRESS FOR REFUSAL TO 
  COMPLY WITH SUBPOENAS DULY ISSUED BY THE COMMITTEE ON OVERSIGHT AND 
                                 REFORM
                                 
                                 
                                 
                                 
                                 
                                 
                            C O N T E N T S

                              ----------                              
                                                                   Page
   I. EXECUTIVE SUMMARY...............................................3
  II. AUTHORITY AND PURPOSE...........................................5
 III. BACKGROUND ON THE COMMITTEE'S INVESTIGATION.....................6
              A. The Trump Campaign and Trump Transition Team 
                  Discussed Adding a Citizenship Question........     7
              B. The President and His Top Advisors Discussed 
                  Adding a Citizenship Question Within Days of 
                  the Inauguration...............................     8
              C. Commerce Secretary Ross Began a Campaign to Add 
                  the Citizenship Question Months Before the 
                  Department of Justice Sent a Request...........     9
              D. The Department of Justice Sought to ``Assist'' 
                  Secretary Ross by Requesting a Citizenship 
                  Question.......................................    12
              E. Adding the Citizenship Question Will Harm the 
                  Accuracy of the Census.........................    14
              F. Citizenship Data from the Decennial Census is 
                  Not Necessary to Enforce the Voting Rights Act.    16
              ...................................................
  IV. THE DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF JUSTICE HAVE 
      OBSTRUCTED THE COMMITTEE'S INVESTIGATION.......................17
              A. The Department of Commerce Has Refused to 
                  Produce Key Documents Required by the 
                  Committee's Subpoena...........................    17
              B. The Department of Justice Has Refused to Produce 
                  Key Documents Required by the Committee's 
                  Subpoena.......................................    22
              C. The Attorney General Ordered a Subordinate to 
                  Defy the Committee's Deposition Subpoena.......    24
              D. The President Has Asserted Executive Privilege..    26
   V. THE ADMINISTRATION'S JUSTIFICATIONS FOR DEFYING THE COMMITTEE'S 
      SUBPOENAS ARE INVALID..........................................27
              A. The Administration Cannot Withhold Information 
                  from Congress Based on Ongoing Litigation......    27
              B. Attorney-Client and Deliberative Process 
                  Privileges are Not Valid Bases to Withhold the 
                  Subpoenaed Information from Congress...........    31
              C. The Department of Justice Must Comply with the 
                  Committee's Deposition Subpoena................    33
  VI. HEARINGS.......................................................34
 VII. COMMITTEE CONSIDERATION........................................35
VIII. COMMITTEE VOTES................................................35
  IX. COMMITTEE OVERSIGHT FINDINGS...................................45
   X. NEW BUDGET AUTHORITY AND TAX EXPENDITURES AND CONGRESSIONAL 
      BUDGET OFFICE COST ESTIMATE....................................45
  XI. DUPLICATION OF FEDERAL PROGRAMS................................45
 XII. PERFORMANCE GOALS AND OBJECTIVES...............................45
XIII. ADVISORY ON EARMARKS...........................................45
APPENDIX A.......................................................    46
APPENDIX B.......................................................    47
MINORITY VIEWS...................................................    48
SUPPLEMENTAL VIEWS...............................................  ....
SUPPLEMENTAL EXHIBITS............................................   534
              A. Transcript of John Gore Interview...............   534
              B. Transcript of Gene Hamilton Interview...........   717
              C. Transcript of Kris Kobach Interview.............   835
              D. Transcript of James Uthmeier Interview..........   936



                                                  House Calendar No. 31
                                                  
116th Congress }                                              {    Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                              {   116-125

======================================================================

 
RESOLUTION RECOMMENDING THAT THE HOUSE OF REPRESENTATIVES FIND WILLIAM 
  P. BARR, ATTORNEY GENERAL OF THE UNITED STATES, AND WILBUR L. ROSS, 
  JR., SECRETARY OF COMMERCE, IN CONTEMPT OF CONGRESS FOR REFUSAL TO 
  COMPLY WITH SUBPOENAS DULY ISSUED BY THE COMMITTEE ON OVERSIGHT AND 
                                 REFORM

                                _______
                                

   June 24, 2019.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

       Mr. Cummings, from the Committee on Oversight and Reform, 
                        submitted the following

                              R E P O R T

                             together with

                    MINORITY AND SUPPLEMENTAL VIEWS

    The Committee on Oversight and Reform, having considered 
this Report, reports favorably thereon and recommends that the 
Report be approved.
    The form of the Resolution that the Committee on Oversight 
and Reform would recommend to the House of Representatives for 
citing William P. Barr, Attorney General of the United States, 
and Wilbur L. Ross, Jr., Secretary of Commerce, for contempt of 
Congress pursuant to this Report is as follows:
    Resolved, That William P. Barr, Attorney General of the 
United States, and Wilbur L. Ross, Jr., Secretary of Commerce, 
shall be found to be in contempt of Congress for failing to 
comply with subpoenas authorized by the Committee on Oversight 
and Reform and duly issued by Chairman Elijah E. Cummings 
relating to the 2020 Census.
    Resolved, That the Attorney General (i) failed to comply 
with a Committee subpoena issued on April 2, 2019, to produce 
documents, and (ii) ordered a Department of Justice employee, 
John Gore, not to comply with a Committee subpoena requiring 
him to appear for deposition testimony before the Committee on 
April 11, 2019.
    Resolved, That the Secretary of Commerce failed to comply 
with a Committee subpoena issued on April 2, 2019, to produce 
documents.
    Resolved, That the Report of the Committee on Oversight and 
Reform details the refusal of the Attorney General to produce 
documents to the Committee as required by subpoena, the order 
from the Attorney General directing John Gore to defy a duly 
authorized Committee subpoena for deposition testimony, and the 
refusal of the Secretary of Commerce to produce documents to 
the Committee as required by subpoena.
    Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
Speaker of the House of Representatives shall certify the 
Report of the Committee on Oversight and Reform, detailing the 
refusal of William P. Barr, Attorney General of the United 
States, to produce documents to the Committee on Oversight and 
Reform as directed by subpoena, to the United States Attorney 
for the District of Columbia, to the end that Mr. Barr be 
proceeded against in the manner and form provided by law.
    Resolved, That pursuant to 2 U.S.C. 192 and 194, the 
Speaker of the House of Representatives shall certify the 
Report of the Committee on Oversight and Reform, detailing the 
refusal of Wilbur L. Ross, Jr., Secretary of Commerce, to 
produce documents to the Committee as directed by subpoena, to 
the United States Attorney for the District of Columbia, to the 
end that Mr. Ross be proceeded against in the manner and form 
provided by law.
    Resolved, That the Speaker of the House shall otherwise 
take all appropriate action to enforce the subpoenas.
    Resolved, That the Chairman of the Committee on Oversight 
and Reform shall take all necessary steps to enforce the above-
referenced subpoenas, including, but not limited to, seeking 
authorization from the House of Representatives through a vote 
of the Bipartisan Legal Advisory Group pursuant to clause 8(b) 
of rule II, and H. Res. 430, to initiate or to intervene in 
proceedings in any federal court of competent jurisdiction, to 
seek judgements affirming the duty of the subpoena recipients 
to comply with the above-referenced subpoenas, and to seek any 
appropriate ancillary relief, including injunctive relief.


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                                                        Jim Jordan.