We were in federal court this week to fight the FBI’s delay in producing emails and text messages sent and received by former Acting Director of the FBI Andrew McCabe. Judge Tanya S. Chutkan presided.
This hearing came in our FOIA lawsuit on behalf of Jeffrey A. Danik, a retired FBI supervisory special agent, for emails and text messages of McCabe about McCabe’s "conflicts of interest" regarding his wife’s (Dr. Jill McCabe’s) political campaign and Hillary Clinton (Jeffrey A. Danik v. U.S. Department of Justice (No. 1:17-cv-01792)).
We’re asking for:
Text messages and emails of McCabe containing "Dr. Jill McCabe," "Jill," "Common Good VA," "Terry McAuliffe," "Clinton," "Virginia Democratic Party," "Democrat," "Conflict," "Senate," "Virginia Senate," "Until I return," "Paris," "France," "Campaign," "Run," "Political," "Wife," "Donation," "OGC," Email," or "New York Times."
Judge Chutkan ordered the hearing after receiving a September 21 Joint Status Report from the parties in which we told the court:
[Danik] is tired of waiting. The Court ruled almost four months ago, on May 31, 2020, that [Justice Department] failed to satisfy its burdens under FOIA. We however are no closer to a resolution of this case.
[Danik] already substantially narrowed his request. He also does not believe 11 pages of text messages and 2,362 emails is too onerous to review. [Danik] believes he has waited long enough – almost four years since he sent his FOIA requests – for the agency to satisfy its burdens and produce all non-exempt, responsive records to him.
We’re asking that the Justice Department release at least 750 pages of emails each month until completion. The FBI recently turned over several pages of almost completely redacted McCabe text messages while still denying the texts are subject to FOIA.
In September 2020, we uncovered in a separate lawsuit that senior members of Robert Mueller’s Special Counsel’s Office (SCO) repeatedly and "accidentally" wiped over 20 phones assigned to them.
In 2017, we uncovered Justice Department records concerning ethics issues related to McCabe’s involvement with his wife’s political campaign. The documents include an email showing Mrs. McCabe was recruited for a Virginia state senate race in February 2015 by then-Virginia Lieutenant Governor Ralph Northam’s office. The news that former Secretary of State Clinton used a private email server broke five days later, on March 2, 2015. Five days after that, former Clinton Foundation board member and Democrat party fundraiser, Virginia Governor Terry McAuliffe, met with the McCabes. She announced her candidacy on March 12. Soon afterward, Clinton/McAuliffe-aligned political groups donated nearly $700,000 (40% of the campaign’s total funds) to McCabe’s wife for her campaign.
McCabe was fired from the FBI in March 2018 for leaking to the media and lacking "candor."
I was able to listen in on the hearing and it seemed that the court was unhappy with the slow pace of the FBI’s production and demanded more information from the agency about the delays. We will see what the FBI comes up with, but you can see how Judicial Watch’s legal fights for transparency will continue no matter who is president.
Tom Fitton is the president of Judicial Watch. He is a nationally recognized expert on government corruption. A former talk radio and television host and analyst, Mr. Fitton is well known across the country as a national spokesperson for the conservative cause. He has been quoted in Time, Vanity Fair, The Washington Post, The New York Times, and most every other major newspaper in the country. Read Tom Fitton's Reports — More Here.
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