Sent Via Facsimile

October 19, 2015

Members of the U.S. Senate Members of the U.S. House of Representatives U.S. Capitol Washington, D.C.

Re: Special Counsel Needed To Investigate Clinton Email Matter

Dear Member of Congress:

In June 2013 I wrote a letter urging you to publicly support the appointment of a special counsel to investigate the Internal Revenue Service political targeting case. I felt that public pressure from Members of Congress as well as our concerned citizenry could have prompted Attorney General Holder to transcend partisanship and move that politically-charged investigation out of the Department of Justice and into the hands of an impartial special counsel.

One of the main reasons I supported a special counsel in that case came as a result of President Obama’s public statements on the matter. Not long after the IRS allegations surfaced and before any concrete facts had been established, President Obama stated at a press conference that no special counsel was needed in the case. The problem with this statement of course is that it’s not the President’s call to make; that decision lies with the Attorney General of the United States, our nation’s top law enforcement officer. As I stated in my letter in 2013, by making this public statement President Obama inappropriately relayed his wishes to the Attorney General on national television.

Fast-forward to President Obama’s recent interview on 60 Minutes. In the course of that interview, the President stated the following when asked about Hillary Clinton’s private email server:

“I don’t think it posed a national security problem. I think that it was a mistake that she has acknowledged and - you know, as a general proposition, when we’re in these offices, we have to be more sensitive and stay as far away from the line as possible when it comes to how we handle information, how we handle our own personal data. And, you know, she made a mistake. She has acknowledged it.”

The President of the United States acting as judge and jury during an ongoing FBI investigation is a breathtaking affront to our nation’s justice system. Barack Obama the constitutional lawyer should - and does - know better. During this interview, President Obama reminded us that he has a conflict

2

of interest in this matter because an important part of his legacy is to ensure a Democrat gets elected as his successor so that his policies can continue. Publicly throwing water on the FBI investigation into Hillary Clinton’s emails is in his political interests indeed. It’s also one of the two main reasons an impartial special counsel must be appointed by Attorney General Loretta Lynch immediately.

The second reason a special counsel is needed in this case is because Attorney General Lynch herself has a conflict of interest. In the 1990’s, President Bill Clinton appointed Loretta Lynch United States Attorney for the Eastern District of New York. It’s clear that Attorney General Lynch should not allow herself to oversee the FBI investigation into the email practices of her former boss’s spouse and potential Democratic nominee for president, Secretary Hillary Clinton. The only course of action for Attorney General Lynch is to get this case away from the influence of political appointees at the White House and Department of Justice by appointing an impartial special counsel who is well respected on both sides of the aisle.

Attorney General Holder failed to depoliticize the IRS targeting case. Now Attorney General Lynch has a similar opportunity to restore some trust in government and the rule of law in the Hillary Clinton email case. On behalf of Citizens United’s 500,000 members nationwide, it is essential that Congress speak loudly and clearly with one voice by urging Attorney General Lynch to appoint a special counsel immediately.

Sincerely,

David N. Bossie President