Federal Government Flagged Transactions Using Terms like "MAGA" and "TRUMP" for Financial Institutions

Letter

Dear Director Wray:
The Committee on the Judiciary and the Select Subcommittee on the Weaponization of
the Federal Government are conducting oversight of the Federal Bureau of Investigation’s (FBI)
receipt of information about American citizens from private entities without legal process. To
advance our oversight, we are requesting a transcribed interview with Mr. Peter Sullivan, Senior
Private Sector Partner for Outreach in the Strategic Partner Engagement Section of the FBI.

The Committee and Select Subcommittee have received testimony indicating that in 2021, the Bank of America (BoA) provided the FBI—voluntarily and without any legal process—with a list of individuals who made transactions in the Washington, D.C., metropolitan area using a BoA credit or debit card between January 5 and January 7, 2021. When that list was later brought to the attention of Steve Jensen, the FBI’s then-Section Chief of the Domestic Terrorism Operations Section, he acted to “pull” the BoA information from FBI systems because “the leads lacked allegations of federal criminal conduct.” Documents obtained by the Committee and Select Subcommittee also show that FBI personnel, including Mr. Sullivan, made contact with and provided BoA with specific search query terms, indicating that it was “interested in all financial relationships” of BoA customers transacting in Washington D.C. and customers who had made “ANY historical purchase” of a firearm, or who had purchased a hotel, Airbnb, or airline travel within a given date range.

In addition, the Committee and Select Subcommittee have obtained documents indicating
that FBI personnel in the Office of Private Sector prepared an official report that broadly characterized certain political beliefs as indicative of domestic violent extremism. This report
titled, “Domestic Violent Extremists Likely Emboldened in Aftermath of Capitol Breach,” was
shared with financial institutions for the purpose of “alert[ing] private sector partners that the 6
January 2021 violent breach by suspected domestic violent extremists into the U.S. Capitol
Building may serve as a driver for a diverse set of DVEs.” Among other things, the report
identified as reasons that could “mobiliz[e] criminal actors and DVEs to violence” to include
“increased socio-political pressures” surrounding “firearm legislation, the easing of immigration
restrictions” as well as “discontent with renewed measures to mitigate the spread of COVID-19. .
. .” Such a sweeping characterization of political beliefs and constitutionally protected speech as indicators of domestic violent extremism is reminiscent of how the FBI similarly characterized
traditional Catholics as potential terrorists.

As the Senior Private Sector Partner for Outreach in the Strategic Partner Engagement
Section, Mr. Sullivan’s testimony will aid in our oversight. In particular, his testimony will help
to inform the Committee and Select Subcommittee about the FBI’s mass accumulation and use
of Americans’ private information without legal process; the FBI’s protocols, if any, to safeguard
Americans’ privacy and constitutional rights in the receipt and use of such information; and the
FBI’s general engagement with the private sector on law-enforcement matters. We ask that you
make Mr. Sullivan available for a transcribed interview with the Committee promptly. Please
have your staff contact Committee staff as soon as possible but no later than 5:00 p.m. on
January 31, 2024, to schedule his transcribed interview.

The Committee on the Judiciary is authorized to conduct oversight of the FBI pursuant to
the Rules of the House of Representatives. In addition, H. Res. 12 authorized the Committee’s
Select Subcommittee on the Weaponization of the Federal Government to investigate “issues
related to the violation of the civil liberties of citizens of the United States.” H. Res. 12 also
authorized the Select Subcommittee to investigate “how executive branch agencies work with,
obtain information from, and provide information to the private sector, non-profit entities, or
other government agencies to facilitate action against American citizens.”

Thank you for your prompt attention to this matter.

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