Ron Johnson Asks Coast Guard Commandant Admiral Linda Fagan Point Blank: ‘Who Do You Report To?’

2 months ago

Earlier this month, Sen. Ron Johnson (R-WI) questioned Coast Guard Commandant Admiral Linda Fagan on sexual assault oversight during a Senate Homeland Security Committee hearing.

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Transcript

00:00ranking member, we're going to adhere strictly to the seven minutes so that

00:05everybody gets a chance and then we'll come back for another round.

00:08Thank you, Mr. Chairman. By the way, there's an ongoing investigation is one of the

00:13primary excuses always used to prevent disclosure to Congress, so chalk that up

00:19to another one from the workshop. Commandant Fagan, did I hear you right?

00:24You testified that you've turned all the documents over the committee? We have

00:30been working in good faith with the committee, rolling production of documents.

00:34We began this process last last summer, added people and resourcing to ensure

00:39that we're able to get into a regular production of documents. This is an

00:44unprecedented undertaking for the organization. There were just short of two

00:47million pages of documents that were initially looked at with regard to

00:51potentially being responsive to the issues that the subcommittee is

00:54interested in. We have turned over 18,000 pages of documents to the

01:00subcommittee responsive to the ask. That includes 91 reports of

01:04investigation from assaults that occurred at the Coast Guard Academy.

01:09I understand that the and we have done this consistent with advice from the

01:15General Counsel, consistent with protection of victim privacy and victim

01:20dignity, witness privacy, sensitive public health information, attorney-client

01:25privilege, and the pre-deliberation or pre-decisional documents. In those cases

01:32where the committee, we've offered in-camera review. It's a standing and

01:37open offer for in-camera review. Any one of the documents that you have, we welcome

01:42the opportunity to continue to work in good faith with the committee to provide

01:46the documents. So, Bob, we haven't received all the documents. You've received...

01:52Bob, we have not received all the documents. They're still under going under

01:56review. We have completed the review. You've received all, all of those. One of the

02:02documents, and I asked you when we first met in my office, there's showed you an

02:07email. There was an attachment to that email. The attachment wasn't provided and

02:12you made the commitment to provide us that attachment. I believe what that was

02:16was an earlier version of the report, an earlier draft of the report on Operation

02:23Fouled Anchor. You committed to provide that. That has not been provided to us,

02:28correct? Well, we'll work back through your committee. I know you've got the

02:32Fouled Anchor report, the final report. Again, part of our investigation would be

02:38to see earlier drafts in terms of what, again, I view this as a cover-up. So, when

02:45you're investigating a cover-up, some of the documents you're going to want is,

02:49okay, we see the final report from a five-year investigation. You know, we're

02:56aware of the fact that that initial report, the initial draft, was 11 pages.

03:00It would be very interesting, I think, important for us to see what was cut out

03:07of that 11 pages to produce a six-page report. So, when can we expect to see the

03:12original drafts, the 11-page initial draft of the report? I continue to work

03:20with my general counsel and I'm taking advice with regard to... What excuse

03:27would be given to not turn over the initial draft of the report? If you want

03:31to be fully transparent, what could possibly prevent that from happening? I continue to work in good faith with the committee to provide

03:39documents and we'll provide... Again, good faith is always the excuse you hear. Who do you report to? I report to

03:48Secretary Mayorkas. Have you spoken to Secretary Mayorkas about this situation?

03:55Yes. What kind of interest is she shown in, let's face it, in this cover-up? This is

04:04not a cover-up. I am committed to providing documents in good faith. This

04:10is an incredible organization and we... I am committed to bringing the

04:16organization forward and making the culture change necessary and I

04:19understand that there's a responsiveness to the committee. I remain committed to

04:24that and I continue to work with my own lawyers and in the department to ensure

04:28that we are providing documents consistent with executive branch and

04:33constitutional... the constitutional process according... with regard to

04:37accommodation. Again, you have to understand I've heard this time and time

04:41again over multiple investigations. It's the same, the exact same excuses given

04:46all the time in terms of not being responsive. You talk about your two

04:51million pages. Well, we've already cut it down to somewhere between 25 and 30.

04:55You've turned over 17, but in particular, when there's a document that you request,

05:02you know, from a U.S. Senator to the Commandant of the Coast Guard and the

05:07Commandant of the Coast Guard said, yeah, we'll provide that document and it's not

05:10provided. So again, I'm not talking two million pages. I'm not talking 25,000

05:15pages. I'm talking about an 11-page initial draft of the report on an

05:23investigation that took five years. It was then covered up for a number of years and

05:30I can't get that 11 pages. We can't get that 11 pages. Why? I remain... Have you

05:37read that full 11-page draft report? I have not read the pre-decisional 11-page

05:42report. I have read the final fouled anchor report that was closed out in

05:46in February of 2020. You haven't been inquisitive enough to read the initial

05:54draft? I am focused on... There's obviously a reason I want to see it. There's

06:01obviously a reason I'm making a point of it in this hearing. I think it could be

06:06very revealing in terms of what the Coast Guard at that point in time decided

06:12we don't want to include that. That might harm our institution. That might be

06:18embarrassing. So let's leave that out. We'll give them these six pages. We'll leave

06:22these five pages out. So if I get nothing out of this hearing today is I'd like a

06:29complete commitment to show us that full 11-page draft report. If we have to

06:36review it in camera, fine. I can go read 11 pages in camera. It's a little

06:41more difficult to do another 10 or 20,000 pages. That's that's why we need

06:46these documents here. So you know we can search them. We can get them on our computer. We

06:48can search for key phrases. I mean there's there's a way you do these

06:51investigations. In-camera reviews is not a very good way of doing it. But I'll make

06:56an exception for these 11 pages. Can I get that commitment? I will commit to

06:59providing those 11 pages in camera review. Okay, thank you.

07:06Senator Hatch.

Ron Johnson Asks Coast Guard Commandant Admiral Linda Fagan Point Blank: ‘Who Do You Report To?’

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