Senate Judiciary Committee chairman Sen. Patrick Leahy (D-Vt.) has expressed concern about being left out of some congressional oversight of Justice Department intelligence matters.

Patrick Leahy (Getty Images)

In a written follow-up question to Attorney General Eric Holder following his Nov. 18, 2009, appearance before the Senate panel, Leahy said that over the last few years certain intelligence matters, particularly activities dealing with the FBI, have seemed to have fallen into the jurisdiction of the House and Senate Intelligence Committees. The chairman said he wants to make sure the Judiciary Committees are not being left out of the complete Justice Department oversight process.

“While I am happy to share oversight jurisdiction as appropriate, I believe strongly that the Judiciary Committees, with their long tradition of oversight of all aspects of Department work and their considerable expertise in these matters, should not be shut out of important Justice Department activities,” Leahy said. (His question can be found on page 7 of the document, which was released Monday.)

Leahy asked Holder to comment on whether the Judiciary Committee has jurisdiction over the entire department.

The Attorney General said in his response that he generally agrees that the Judiciary Committees have oversight jurisdiction over the Justice Department.

“[W]e note that certain activities of the FBI are scored to the National Intelligence Program, which we understand falls under the purview of the Intelligence Committees,” Holder said.

Sen. Dianne Feinstein (D-Calif.), the chairwoman of the Senate Intelligence Committee and a Senate Judiciary Committee member, told Main Justice she’s never had a conflict with Leahy over DOJ oversight jurisdiction and said that intelligence matters can be handled in both committees.

“There’s no question that Judiciary has oversight over Holder. So if I want to ask an intelligence related question I can do it in Judiciary or I can have Holder up before … the Intelligence Committee,” Feinstein said.