Gaetz: You can confirm just the news reporting, that the suspected Trump attempted assassin was flagged by CBP, and was referred to HSI?
Berger: Yes.
Gaetz: Is it legal or someone to go recruit for a foreign military? Does that break any laws?
Berger: I don't know, sir. I would have to look into that a little bit further.
Gaetz: [reading from CBP memo] "Suspect is a US citizen who traveled to Kiev, Ukraine, for three months to help recruit soldiers from Afghanistan, Moldova, and Taiwan, to fight in the Ukrainian war against Russia. Subject stated that he does not get paid for his recruiting efforts, and all his work for the Ukrainian government is strictly volunteer work. The subject stated that he obtains money from his wife to help fund his trips to Ukraine." So when this guys shows up with a business card, and this story about how he's recruiting fighters in Ukraine and his wife is paying for it, CBP says this is a little odd and they send it to HIS, HSI declines to further investigate, and what you're saying is based on the facts you are aware of now, that was the right decision by DHS?
Berger: No, the statements that day would not rise to the level to take him into immediate custody.
Gaetz: When CBP refers this to HSI; what I believe happened is HSI declined, not only to incarcerate this person, but to further investigate this person. Are you saying that they declined to investigate, or that that investigation went forward, and the attempted assassination occurred during the pendency of that investigation?
Berger: I would have to look into that a little bit further.
Gaetz; I think that's going to be a really important second thing to get back to us on, is whether or not HSI made an active decision in real time to decline further investigation of that person.