Congressman Michael McCaul

Representing the 10th District of Texas

Holder Refuses to Provide DOJ Role in Ft. Hood "Workplace Violence" Designation

May 17, 2013
Press Release

WASHINGTON, D.C. – House Homeland Security Chairman Michael McCaul (R-TX) and Congressman Frank Wolf (R-VA), released the following statement on the Department of Justice refusing to answer questions about whether it advised the Army in the Fort Hood case:

Chairman McCaul and Congressman Wolf:  "Once again, the Attorney General has refused to answer questions in our March 15 letter regarding the Department of Justice’s role determining whether the Fort Hood attack would be investigated and prosecuted as a terrorist attack or ‘workplace violence’.  This response comes on the heels of his refusal to answer similar questions at an Appropriations hearing last month.  It is time that the November 5, 2009 Fort Hood attack be properly designated as a terrorist event and for the Attorney General to answer these questions.”  

Copied below is a list of the questions asked of the Attorney General that remain unanswered:

Did you or any other Justice Department official provide any written or verbal guidance to the Department of Defense recommending charges for Maj. Hasan?  If so, what was the nature of that communication and the guidance provided?    

Did you or any other Justice Department official advise Sec. McHugh or any other Defense Department official on how designating Maj. Hasan as a terrorist would impact the military trial?  If so, what was the nature of that communication and the guidance provided?   

Do you consider the Fort Hood attack of November 5, 2009 to be an act of terrorism or an act of “workplace violence”? 

Immediately following the Fort Hood terrorist attack, was the investigation considered a terrorism investigation or a criminal investigation?  At what point was the decision made that Maj. Hasan would not be investigated and/or charged as a terrorist?

Immediately following the Fort Hood terrorist attack, did the Justice Department prevent the FBI or any U.S. Attorney’s office from using any anti-terror statutory authority to fully investigate this case?  Additionally, was any terrorism investigative or prosecutorial authority sought from the Justice Department’s National Security Division and, if so, was this request approved or denied? 

In the weeks immediately following the Fort Hood terrorist attack, with whom in the White House and Department of Defense did you or other Justice Department officials communicate? 

Was there a formal or informal interagency working group formed to address, respond to and/or coordinate the government’s legal, political and national security response to the Fort Hood attack of November 5, 2009?  If so, who were the individuals who participated in this group?  Who was the person responsible for chairing and/or leading this group?  On how many occasions did it meet? We also request all documents in the department’s possession pertaining to these efforts.

Whom in your department was responsible for creating, reviewing or approving anystatements, press releases, talking points and/or other communications or policy statements issued by or from any of the following between the afternoon of November 5, 2009 to March 1, 2010 concerning or with respect to the November 5, 2009 Fort Hood attack:  The President, White House staff, the Secretary and/or staff of the Department of Homeland Security, Gen. George Casey, theSecretary and/or staff or employees of the Department of Defense (including but not limited to the Army)? We also request all documents in the department’s possession pertaining to these efforts.

Both the March 15 letter to Attorney General Holder, and the response from the Attorney General’s office, are attached.

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