Van Hollen Slams Miller Response as Inadequate, Disingenuous

Today, U.S. Senator Chris Van Hollen (D-Md.) released the following statement in response to Brian Miller’s answers to the Senator’s Questions for the Record, following Mr. Miller’s nomination hearing to be Special Inspector General for Pandemic Recovery at the Treasury Department in front of the Senate Committee on Banking, Housing, and Urban Affairs. The Senator has released Mr. Miller’s answers below.

“Brian Miller’s response once again shows his willingness to hide the truth to protect the personal political interests of President Trump. This reply is inadequate, disingenuous, and disrespectful to the Congressional oversight process. And it flies in the face of what’s required of an inspector general – transparency and impartiality. We need a Special Inspector General who we can trust to put the American people – and the truth – first. Based on his evasive answers, Brian Miller fails that test,” said Senator Van Hollen.

In his questions, Senator Van Hollen requested a response from Mr. Miller regarding his refusal to provide documents to the GAO during the course of their investigation into the White House’s involvement in withholding funds from Ukraine. The GAO asked the White House why Ukraine security assistance was withheld, and for documentation that would substantiate the reason provided. Mr. Miller, who wrote the response from the White House to the GAO, provided no such documentation or any other information, aside from citing a response provided by OMB. 

The OMB response, however, did not assert first-hand knowledge of the reason Ukraine security assistance was withheld. Instead, OMB’s response said that it was “OMB’s understanding” that a “policy process” was the reason for the hold. OMB provided no documentation to substantiate this understanding. In fact, emails from OMB officials show that the hold was at the direction of the President, for whom Mr. Miller worked as a lawyer in the White House Counsel’s office. 

In his follow-up to Mr. Miller, Senator Van Hollen asked whether the White House had documentation or information in its possession that was not included in the response from OMB, and that would have been relevant to GAO’s inquiry about the reason that the funds were withheld. Mr. Miller responded, “I do not know the facts or the law regarding this issue. OMB is the budget office within the Executive Office of the President. Please direct any budget inquiries to OMB.” 

Questions and Response from Senator Van Hollen to Mr. Miller:

Your response on behalf of the White House to GAO’s inquiry regarding the withholding of Ukraine security assistance funds stated that the White House would not provide a separate response, and referred instead to the response sent by OMB General Counsel Mark Paoletta on December 11, 2019. 

A. Will you personally affirm that this statement in the letter represents the full and complete truth: “In fact, at no point during the pause in obligations did DOD OGC indicate to OMB that, as a matter of law, the apportionments would prevent DOD from being able to obligate the funds before the end of the fiscal year.”

I do not know the facts or the law regarding this issue.

B. The GAO inquiry letter to the White House asked for the reason that Ukraine security assistance funds were withheld. Will you personally affirm that the only reason for the hold on Ukraine security assistance funding was to engage in a policy process regarding those funds, which is the sole reason identified by the OMB letter: “It was OMB’s understanding that a brief period was needed, prior to the funds expiring, to engage in a policy process regarding those funds.” 

I do not know the facts or the law regarding this issue.

C. The GAO inquiry letter to the White House asked for documentation that would substantiate the Administration’s stated reason for holding Ukraine security assistance funding. Your response provided no such documentation or any other information, aside from citing the response provided by OMB. Please state whether or not the White House had documentation or information in its possession that was not included in the response from OMB, and that would have been relevant to GAO’s inquiry about the reason that the funds were withheld. 

I do not know the facts or the law regarding this issue. OMB is the budget office within the Executive Office of the President. Please direct any budget inquiries to OMB.