Roger Stone case: Motion to intervene by ABC News and other major media, “Challenging a restriction to the First Amendment right of access”
“Judge Amy Berman Jackson, an Obama appointed corrupt treasonous liberal judge with an angry disposition toward Americans who think differently than Obama, continues to put her own distorted interpretation of US law ahead of the US Constitution.
Her actions with Paul Manafort alone were ample cause for her to be removed, impeached or jailed.”...Patriot or Traitor May 15, 2019
“Stone’s Motion for New Trial is directly related to the integrity of a juror. It is alleged that a juror misled the Court regarding her ability to be unbiased and fair and the juror attempted to cover up evidence that would directly contradict her false claims of impartiality.”...Roger Stone motion for new trial
“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr
From United States v Stone February 25, 2020.
“MOTION to Intervene and for Public Access and Memorandum of Points and Authorities in Support Thereof by WP CO. LLC, NEW YORK TIMES CO., ASSOCIATED PRESS, DOW JONES & COMPANY, INC., CBS BROADCASTING INC., CABLE NEWS NETWORK, INC., AMERICAN BROADCASTING COMPANIES, INC. (Attachments: # 1 Text of Proposed Order, # 2 Corporate Disclosure Statement). “Leave to file GRANTED” by Judge Amy B. Jackson on 2/25/2020.(zed, ) (Entered: 02/26/2020)”
Blagojevich commutation proposed Dec 2016, President Trump: release FBI wiretaps, Blagojevich prosecution protected Obama with closer Rezko corruption ties
Why did Patrick Fitzgerald and the US Justice Department wait until December 2008 to arrest Rod Blagojevich?”…Citizen Wells
“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich
“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”…Citizen Wells, July 19, 2011
Only 2 percent of the wiretaps of Rod Blagojevich were released.
The interview of Barack Obama was kept under seal.
Rod Blagojevich was the presumptive presidential candidate in early 2006. By the end of the year it was Obama.
The prosecution of Blagojevich was designed to protect Obama.
Obama had to win in 2008 and Hillary in 2016 for Obama to avoid prosecution.
This is a key reason they have been so desperate to defeat Trump.
From Citizen Wells December 28, 2016.
I sincerely hope that Rod Blagojevich does not die of another “mysterious death” (as so many involved with the Clintons and Obama have) before he can reveal the details of Obama’s involvement in Chicago and Illinois corruption.
There is much to tell.
We are left with these questions.
Will Obama grant Blagojevich the commutation he requested?
If not, will Trump grant the commutation with the stipulation that he rat on Obama?
If not, will Blagojevich squeal in prison?
From the AP December 25, 2016.
“One of the last chances for former Illinois Gov. Rod Blagojevich to win early release from federal prison rests on a pending decision by the man whose Senate seat Blagojevich was convicted of trying to sell – President Barack Obama.
Blagojevich, 60, is in the fourth year of a 14-year prison term. He recently submitted a request to have his sentence on wide-ranging corruption convictions commuted, the U.S. Department of Justice has confirmed.
Obama has rarely mentioned his fellow Chicago Democrat since Blagojevich’s December 2008 arrest, a month after Obama won the presidency, so it’s hard to gauge if he’d give Blagojevich’s request for a reduced sentence serious thought.
A look at the commutation process and factors that could influence a decision:
WHAT IT IS
A commutation is a reduction of a sentence, while pardons amount to forgiveness of a crime that also removes restrictions on rights to run for office and vote. In federal cases, only presidents have the power to reduce a sentence.
If Obama doesn’t get around to deciding on Blagojevich’s application before his last day in office, he would leave it for someone else with a tie to the ex-governor to decide: President-elect Donald Trump.
Blagojevich was on Trump’s “Celebrity Apprentice” TV show in 2010. While Trump eventually “fired” Blagojevich as a contestant, he praised Blagojevich for how he fought his criminal case, telling him, “You have a hell of a lot of guts.”
Among the factors Obama can consider is whether Blagojevich’s punishment was disproportionate to the crime. His 14-year prison term was the longest for an Illinois politician for corruption and his lawyers argue it was too severe.”
“One connection between the politicians – an uncomfortable one for Obama – is that he and Blagojevich once shared the same fundraiser, Tony Rezko. Rezko was convicted in June 2008 of fraud, money laundering and bribery.”
Do you believe that Obama was less guilty than Blagojevich?
Remember, only 2 percent of the wiretaps were released during the Blagojevich trials.
And they were damning for Obama.
From Citizen Wells August 2, 2015.
Blagojevich attorney Len Goodman is requesting that the full court review the appeal that was just ruled on by 3 judges.
How does this fit in with the deal that I am certain was struck with Obama et al?
To protect Obama and keep Blagojevich from talking.
I wrote this on July 19, 2011:
“Regardless of how this plays out, it benefits Obama. If there is no appeal or the appeal is denied, Blagojevich will be sequestered. If the appeal proceeds, it could drag out beyond impacting the 2012 election cycle. The intent is obvious.”
The prosecution and reporting of Rod Blagojevich has been so watered down that it barely resembles what actually happened.
Why?
To protect Obama.
For those of you blinded by the BS from the mainstream media or not familiar with this case, Blagojevich, not Obama was the presumptive presidential candidate in 2006. Within one year it was Obama.
The Blagojevich Administration came under investigation by late 2003 and Tony Rezko was at the center of much of the corruption.
Stuart Levine carried out the orders of Rezko and Obama was closely tied to both men.
Federal investigators soon knew of Obama’s ties to the corruption but for some reason focused more on Blagojevich and chose to wait until after the 2008 elections to arrest him.
Why?
“this guy is more Tony’d up than I am. …. they got the Chicago media to f…ing make me wear Rezko more. To f…ing dilute it from him.…Rod Blagojevich wiretap November 12, 2008
“BLAGOJEVICH: You know, Axelrod and Obama’s people, you know, clearly turned, you know, got the Chicago media to make Rezko all about me. And hardly about…
HARRIS: Yeah, in other words, they focus their,they focus their attention on you. They couldn’t make it go away so the bes-, next best strategy is deflect it.
BLAGOJEVICH: Right.
HARRIS: This is somewhere where it, it’ll satisfy the, the hunger of the beast, being the media.
BLAGOJEVICH: Right, right.
HARRIS: Yeah, it makes sense. It’s not a stretch. If I’m, if I’m his message advisor, media advisor or whatever, operative, yeah I’m gonna try to feed the beast by giving ‘em something else to eat on.”…Rod Blagojevich wiretap November 12, 2008
Here is some background on the complete story from Citizen Wells March 14, 2011.
“This is the first article in a series about corruption in the US Justice Department and specifically an operation I refer to as “Protecting Obama.” Many events smelled back in 2008, but with the passage of time, the stench is corroborated. Below is the Evidentiary Proffer, a summary and timeline of the bulk of evidence that reveals how Obama was protected in the investigation and prosecution of Tony Rezko, Rod Blagojevich, et al. The time is right to present my case. There are enough well documented events to make a strong case. As I have mentioned recently, I have contacted a prominent congressman about this issue and others and this is a way to get the facts in front of the congressman, his staff and the public. The Proffer will certainly be updated from time to time. I will next present an opening statement and then go on to present the case in more detail. However, anyone who has been paying careful attention or who reads this Proffer, will come to the obvious conclusion presented here of collusion involving the US Justice Department, Patrick Fitzgerald, Barack Obama, and probably Rod Blagojevich and Tony Rezko.
Before reading the Proffer, here is a recap of how important Rezko is to the prosecution of Blagojevich and ultimately indicting Obama.
It is understandable why the Blagojevich defense team does not want Rezko on the stand. Judge Zagel’s comment about Rezko being a bad witness reeks of conspiracy. Convicted felons of all categories are regularly used as witnesses. Stuart Levine, the key witness in the Rezko trial was not only enmeshed in corruption but was a long time drug user.
Here are the approximate number of times that “Rezko” is mentioned in US Justice Department documents.
Even if a strong argument is made against using Rezko as a witness, and good luck with that argument, Stuart Levine was used extensively as a witness in the Rezko trial, and his name was mentioned approx. 146 times in the Blagojevich Criminal Complaint. And remember, Blagojevich’s name was mentioned at least 30 times on one day of the Rezko trial.
U.S. Citizens
V.
U.S. Justice Department,
Barack Hussein Obama
Evidentiary Proffer supporting charge of Collusion in protecting Obama during the course of investigating and prosecuting Tony Rezko and Rod Blagojevich.
Jan. – Aug. 2003: Obama was Chairman of the IL Senate Health and Human Service Committee. Feb. 20, 2003: Senate Bill 1332 “Illinois Health Facilities Planning Act” filed. Reduced members of IL Health Planning and Facilities Board from 15 to 9.
(Rezko Trial March 13, 2008; 3:09 p.m.)
“Almanaseer was appointed to the planning board in 2003 on Rezko’s recommendation. Prosecutors contend he became part of a five-member voting bloc on the board that followed Rezko’s wishes. Almanaseer said board Chairman Thomas Beck tried to steer his voting.
“He said, ‘If you just don’t know which way to vote, vote the way Mr. Levine votes because that’s the way Tony would want the vote to go,” Almanaseer recalled, referring to Stuart Levine.”
Spring 2003 – Nov 2003: (Rezko trial March 11, 2008; 10:58 a.m.)
“Jennifer Thomas, a former aide to Gov. Rod Blagojevich’s patronage chief Joe Cini, continued on the stand Tuesday morning and gave a few more insights into those regular Monday morning meetings she and Cini held in 2003 with Antoin “Tony” Rezko at his office.”
“Thomas said Rezko floated the names of several people to sit on the Illinois Health Facilities Planning Board, which the government claims Rezko corrupted with the help of board member Stuart Levine. And Thomas said Rezko at one point made it clear that he wanted to see Levine reappointed to the panel, which was being overhauled by the governor in 2003.” May 21, 2003: Senate Bill 1332 passed by House and Senate. June 27, 2003: Blagojevich made this the effective date of Senate Bill 1332. June 2003: (Rezko trial March 10, 2008; 4:16 p.m.)
“Ziegelmueller asked Hayden about a 2003 e-mail exchange with Lichtenstein, then the governor’s top lawyer, in which Wilhelm made recommendations for the Illinois Health Facilities Planning Board.
The name of Barack Obama, the Democratic front-runner for the presidential nomination, also appears in the e-mail as a member of a strategic team reviewing hospital board matters with the governor’s staff when he was a state senator. The hospital board was scheduled to be revamped in the summer of 2003.
Obama was then chairman of the Senate Committee on Health & Human Services.” June 30, 2003: Obama gets the following donations.
$5000 Ali Ata was appointed as Director at IFA
$6000 Alison Davis gets appointment on Investment Board
$15,000 Dr. Michael Malek gets appointment on Hospital Facility Board
$5000 Abdelhamid Chaib’s wife gets appointment on Employee Security Board
$10,000 Elie Maloof – Rezko used him as one of several strawmen to donate funds to certain politicians.
$1000 Phil Cacciatore (one of Auchi’s Riverside Park Investors) gets seat on Board
$1000 Velma Butler (one of Auchi’s Riverside Park Investors) was recommended for Board
$1000 Martello Pollack (Vegas Crystal Comm) received Iraqi Construction contracts
$1000 Jack Carriglio gets appointed to Board
$500 Anthony Abboud gets appointed to Board
$3000 Michael Winter, who helped Rezko in funneling kickbacks through investment firm
$1000 Talat Othman gets appointed to Board
$1000 David Gustman, $1000 from Gustman’s wife after he is appointed Board Chairman Late 2003: Earliest documented awareness by FBI and Patrick Fitzgerald of corruption in Blagojevich admin. Pamela Meyer Davis agreed to secretly record conversations involving state health planning board with an FBI wire. Oct. 29, 2003: Blagojevich interest in presidency (Blagojevich criminal complaint pg 14).
“During the conversation, Cari and ROD BLAGOJEVICH discussed Cari’s fundraising background and work as a national fundraiser. ROD BLAGOJEVICH discussed his interest in running for President of the United States.” Dec 17, 2003: Former Governor George Ryan indicted.
“Mr. Fitzgerald announced that he was prosecuting former Gov. George Ryan, a Republican, in a scandal that had been swirling around long before Mr. Fitzgerald got here and that many people thought would never touch the most powerful politicians in Illinois. But there Mr. Fitzgerald was, a week before Christmas, ticking off the details of a 91-page indictment against Mr. Ryan, seemingly from memory.
That, even Mr. Fitzgerald’s former opponents in the courtroom say, is classic Fitzgerald: dogged, dispassionate and endlessly prepared.” 2004 – 2005: (February 10, 2008 Sun-Times)
“In the media, Obama always made it sound like he rarely saw Rezko, saying they met for breakfast or lunch once or twice a year. However, the FBI mole John Thomas helped investigators “build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005,“
During his March 14, 2008 interview, the Times told Obama, Thomas is an FBI mole and he “recently told us that he saw you coming and going from Rezko’s office a lot.”
“And three other sources told us that you and Rezko spoke on the phone daily.”” March – May 2004: (Rezko trial exhibits)
FBI chart presented to the jury on April 28, 2008, shows 257 calls from Rezko’s phones to Blagojevich’s chief of staff, Lon Monk, between March 2004 and May 2004 alone.
“Stuart Levine, the prosecution’s star witness, said he and Obama were at a party Rezko threw at his Wilmette mansion on April 3, 2004, for Nadhmi Auchi, a controversial Iraqi-born billionaire who Rezko was trying to get to invest in a South Loop real-estate development.
Auchi, now a citizen of the United Kingdom, has faced criminal charges in Europe. He also figured in the revocation of Rezko’s bond early this year after attempting to wire him more than $3 million. Upon learning of that attempt, U.S. District Judge Amy St. Eve declared Rezko a flight risk and ordered him held in a federal jail in the Loop.
The Rezko party in 2004 was designed to induce Auchi to pour money into the South Loop investment. Obama’s presence at the party was not previously known. At the time, Obama was fresh off a surprise win in the Illinois Democratic primary for U.S. Senate and was riding a crest of national publicity.” April 8 – May 21, 2004: (Rezko Trial March 12, 2008; 11:11 a.m.)
“FBI Special Agent Daniel Cain, the primary case agent on the investigation into Levine and Rezko, is on the stand now in testimony that is laying the foundation for entering the wiretaps into evidence.
Cain said the investigation, dubbed Operation Board Games by the federal agents, began in December 2003 and was prompted by information gleaned from an informant whom he did not identify. That witness, he said, took part in meetings with two other individuals who were in contact with Levine by phone at his home.
Cain said Levine had three phone lines in his North Shore home. Federal agents recorded conversations on those lines April 8-May 21, 2004. Those dates span the time when Levine, Rezko and others allegedly were working to rig the hospital board vote on a Mercy Health System hospital proposal for Crystal Lake and other kickback schemes prosecutors claim they were engaged in.” April 21, 2004: (Rezko Trial March 11, 2008; 5:27 p.m.)
“The former lawyer for a state board that regulates hospital expansions took the stand late in the afternoon and said she told Stuart Levine of her concern after an odd vote on the Mercy Hospital project that included Levine whispering to other board members before the project was approved.
His response was no less troubling, she said.
“He shrugged his shoulders and said, ‘Sometimes you have to be a good soldier,’” said Anne Murphy, the former lawyer for the Illinois Health Facilities Planning Board.
Murphy said Levine’s remark followed a vote that saw the plan for a new hospital in Crystal Lake squeak by with the minimum of five votes in favor on the nine-member board.
With eight members present at the April 2004 meeting, Murphy said the vote was stalled with three members voting “yes,” two voting “no” and two abstentions when Chairman Thomas Beck was called to give his vote.
Beck said, “Where’re we at?” Murphy testified. He then went over to whisper with Levine off the record, she said. When that conversation ended, Murphy said, Levine got up and whispered to Imad Almanaseer.
Beck then voted yes, Murphy testified, and Almanaseer changed his vote to “yes,” giving the plan the necessary votes to pass.
“There was an audible, collective gasp across the room,” Murphy recalled of the April 2004 meeting.
Prosecutors contend the five members who voted for the hospital were a Levine-led bloc that Rezko had placed on the board and controlled. The two were charged with arranging to accept a kickback from the builder who was going to build the Mercy project in Crystal Lake.
The entire board was new as of the summer of 2003, Murphy said. She said she had given the new members memos on ethics, including conflicts of interest.”
“Another government wiretap has been played with Antoin “Tony” Rezko’s voice on it, and this one could prove damaging to his defense. On the tape, recorded May 18, 2004, Rezko can be heard giving orders to political fixer Stuart Levine about how he wanted to manipulate the vote of one of Levine’s fellow members on the Illinois Health Facilities Planning board, Danalynn Rice.
June 7, 2004: Stuart Levine, member of the Illinois Health Facilities Planning Board, abruptly resigns. This is the first indication that the Blagojevich administration is under federal criminal investigation.
July 2, 2004: Stuart Levine resigns from the state Teachers’ Retirement System board. July 27, 2004: Obama Democratic Convention Speech. May 9, 2005: Stuart Levine indicted on corruption charges. Federal subpoena issued to Tony Rezko. June 15, 2005: Obama purchases home next door to Rezko for $1.65 million, $300,000 less than the asking price. June 15, 2005: Rita Rezko, Tony’s wife purchased plot next door for $625,000 asking price. Sept. 15, 2005: Joseph Cari, former lawyer for the state’s teacher’s pension board pleads guilty to extortion. A high ranking public official is described in court documents only as “Public official A.” Oct. 25, 2005: The Chicago Tribune reports about a federal grand jury investigation into the alleged political hiring practices of the Blagojevich administration. Late 2005 early 2006: From the Kenneth J. Conner complaint against Mutual Bank filed Oct. 16, 2008. The lawsuit is still active.
“11. In late 2005 or early 2006, Conner performed an appraisal review of the Adams Appraisal (Exhibit C) per the directive of Richard Barth and James Murphy. Conner prepared a written Appraisal Review report (ARR) opining that the Adams Appraisal overvalued the Greenwood lot by a minimum of $ 125,000.00″
“18. On October 23, 2007, eight days after Conner’s October 15, 2007 email to Schlabach attached as Exhibit J, Mutual Bank terminated Conner’s employment for pretextual reasons.”
Conner later told World Net daily when he initially was fired, that the bank and the Rezkos were engaged in “fraud, bribes or kickbacks, use whatever term you want,” to benefit the Obamas.
Soon after the Blagojevich arrest, Conner was interviewed by investigators from Fitzgerald’s office. Jan. 2006: Rita Rezko sells the Obamas one-sixth of her lot for $104,500. Feb. 4, 2006: (Chicago Sun-Times)
“Illinois Gov. Rod Blagojevich has always been rumored to be interested in higher office. A single entry in a campaign-finance report he filed this week could add fuel to the speculation.
Blagojevich paid $7,500 in December to one of the top Democratic political strategists in Iowa, where contacts are important for anyone with presidential aspirations.” Feb. 19, 2006: Blagojevich began his 2006 re-election to IL Governor. Aug. 5, 2006: The Chicago Tribune reports that Stuart Levine is cooperating with the federal investigation of state government. Aug. 11-20 2006: Illinois State Fair. “We’ve got a governor in Rod Blagojevich who has delivered consistently on behalf of the people of Illinois,” Obama told the crowd. Oct. 11, 2006: Tony Rezko is indicted on federal charges he sought millions of dollars in kickbacks and campaign donations from firms seeking state business.
Oct. 22, 2006: Obama publicly states he is considering a run for the Presidency. Oct. 27, 2006: Stuart Levine pleads guilty in a scheme to squeeze millions of dollars from firms seeking state business. Court papers contain allegations that Rezko and Christopher Kelly were using their influence for corrupt purposes. Nov. 7, 2006 (Chicago SunTimes)
“The Rezko story broke last week, when Obama was wrapping up a national tour serving several purposes: promote his new book, The Audacity of Hope, raise money and stump for Democrats, and lay the groundwork for a possible 2008 White House bid.” Jan. 16, 2007: Obama announces his intention to run for president.
“I’ve navigated some fairly difficult territory in my political career and, you know, there are some folks in Springfield who are pretty wily.
And I’ve always been able to operate effectively, but also do so in a way that’s consistent with my values and ethics. I make no claims of perfection, but I think that generally my judgment and my assessments of people have been pretty good and that’s part of how I’ve stayed out of trouble in what can be a pretty hurly burly political environment. ….. I think that the way [voters should view the Rezko relationship] is that I made a mistake in not seeing the potential conflicts of interest or appearances of impropriety. But they should see somebody who was not engaged in any wrongdoing, who did not in any way betray the public trust, who has maintained consistently high ethical standards and who they can trust.” Feb 10, 2008: (Chicago Sun-Times)
“Sources said Thomas helped investigators build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005.” March 6, 2008: Rezko trial begins. April 22, 2008: Ali Ata pleads guilty to obstruction of justice and agrees to cooperate. May 2, 2008: Illinois Senate narrowly defeated a measure aimed at giving voters a chance to recall Gov. Rod Blagojevich. June 4, 2008: Rezko convicted on 16 of 24 counts.
Count 1 contains ties to Blagojevich and Obama.
The following conviction counts are related to Mercy Hospital and the rigging of the Planning Board.
1, 11, 12, 14, 15
A large portion of the testimony in the Rezko Trial was about the rigging of the Planning Board. Aug. 20, 2008: Rezko sentencing delayed. Oct. 9, 2008: Rezko sentencing delayed. Oct. 30, 2008: William Cellini indicted Nov. 4, 2008: Washington Times report.
“A former Illinois real estate specialist says FBI agents have questioned him about a Chicago property that had been bought by convicted felon Tony Rezko’s wife and later sold to the couple’s next-door neighbor, Sen. Barack Obama.
The real estate specialist, Kenneth J. Conner, said bank officials replaced an appraisal review he prepared on the property and FBI agents were investigating in late 2007 whether the Rezko-Obama deal was proper.
“Agents and I talked about payoff, bribe, kickback for a long time, though it took them only a short number of minutes of talking with me while looking at the appraisal to acknowledge what they already seemed to know: The Rezko lot was grossly overvalued,” Mr. Conner told The Washington Times Monday.
“Rezko paid the asking price on the same day Obama paid $300,000 less than the asking price to the same seller for his adjacent mansion,” he said. “This begs the question of payoff, bribe, kickback.””
Dec. 7, 2008: Criminal complaint of Blagojevich. Nine individuals is important. Obama helped passed a bill to reduce the number from 15 to 9.
“b. Corruption of the Planning Board”
“At the relevant time period, the Planning Board consisted of nine individuals.”
“Planning Board” (IL Health Facilities Planning Board) is mentioned 31 times.
“Rezko” is mentioned 170 times.
“Hospital” in context of Mercy Hospital mentioned 8 times. Dec. 9, 2008: Blagojevich arrested
“Fitzgerald said, “We make no allegations” that Obama was aware of any alleged scheming by Blagojevich.” Jan. 9, 2009: IL House votes 114 to 1 to impeach Blagojevich. Jan 29, 2009: IL Senate removes Blagojevich from office. Feb 12, 2009: “US Attorney Patrick Fitzgerald, who brought criminal fraud charges against former Illinois Gov. Rod Blagojevich, will stay on with the Obama administration, reports Pete Williams at NBC.” APRIL 2, 2009: Press release, Superceding Indictment. There is no mention of nine board members.
“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times
“Rezko” is mentioned 100 times.
http://www.justice.gov/usao/iln/pr/chicago/2009/pr0402_01a.pdf July 30, 2009: Patrick Fitzgerald, the top prosecutor in Illinois’ Northern District, has been named interim chairman of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Feb. 4, 2010: Second superceding indictment. There is no mention of nine board members.
“Planning Board” (IL Health Facilities Planning Board) is mentioned 7 times
“Rezko” is mentioned 87 times.
“Hospital” in context of Mercy Hospital mentioned 1 time.
“During the relevant time period, the Planning Board consisted of nine individuals.”
“Rezko was able to obtain significant influence over the affairs of the Planning Board by arranging for Blagojevich to appoint five of Rezko’s associates and/or friends, including Levine, as members of the Planning Board in 2003.”
“Rezko” is mentioned 288 times.
“Hospital” in context of Mercy Hospital mentioned 18 times. April 22, 2010: Motion filed to subpoena Obama and redacted parts revealed.
“22. However, the defense has a good faith belief that Mr. Rezko, President Obama’s former friend, fund-raiser, and neighbor told the FBI and
the United States Attorneys
Redacted:
a different story about President Obama. In a recent in camera proceeding, the government tendered a three paragraph letter indicating that Rezko “has stated
in interviews with the government that he engaged in election law violations by personally contributing a large sum of cash to the campaign of a public official who is not Rod Blagojevich. … Further, the public official denies being aware of cash contributions to his campaign by Rezko or others and denies having conversations with Rezko related to cash contributions. … Rezko has also stated in interviews with the government that he believed he transmitted a quid pro quo offer from a lobbyist to the public official, whereby the lobbyist would hold a fundraiser for the official in exchange for favorable official action, but that the public official rejected the offer. The public official denies any such conversation. In addition, Rezko has stated to the government that he and the public official had certain conversations about gaming legislation and administration, which the public official denies having had.”10
10 The defense has a good faith belief that this public official is Barack Obama.”
June 29, 2010: Judge Zagel said there was a word to describe witnesses like Rezko who damage whatever side calls them to testify.
“generally explains why they’re not called.”
Aug. 17, 2010: Blagojevich convicted of 1 of 24 counts. Neither Rezko or Levine were called as witnesses. One juror held out from indicting on more counts. The trial was much shorter than predicted . Approx 2% of the wiretaps were presented. Jan. 6, 2011: Rezko sentencing delayed indefinitely. Jan. 28, 2011: Rezko sentencing set for October 21, 2011. Feb. 24, 2011: Counts 1,2,4 in the Blagojevich Indictment are dropped. This represents approx. half of the indictment and includes numerous corruption ties to Blagojevich and Obama.
The only reference left to “Hospital” in context of Mercy Hospital was in count one. March 9, 2011: Blagojevich files motion to be sentenced on one conviction charge.
Michael Flynn response to prosecution opposition to motion to dismiss Feb 18, 2020, “government’s response admits astounding and widespread government misconduct”
“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From the Michael Flynn response to prosecution opposition to motion to dismiss February 18, 2020.
“The government’s February 12, 2020, response in opposition to Mr. Flynn’s Motion to Dismiss, ECF No. 169, demonstrates only its adamant refusal to recognize its obligations to seek justice not convictions and to produce evidence favorable to the defense under Brady v. Maryland, 373 U.S. 83 (1963). It continues to disregard this Court’s Brady order, which required it to produce
information favorable to the defense since December 2017.
Now, more than two years after this Court’s order—and more than one year after the “extended plea colloquy” on which the government repeatedly harps—the defense learned from a stunning report of the Inspector General (“IG Report”) that one of the two FBI agents, who broke all protocols to interview Mr. Flynn in the White House on January 24, 2017, was a surreptitious participant in a presidential briefing on August 17, 2016. The FBI assigned him specifically to
collect information from and about Mr. Flynn to give the FBI further advantage and insights in the agents’ plan to interview Mr. Flynn in the White House if Trump won the election. The IG Report revealed conduct of this agent and in the highest tiers of the FBI that is indeed “so grossly shocking and so outrageous as to violate the universal sense of justice.” United States v. Restrepo, 930 F.2d
705, 712 (9th Cir. 1991).
If the government and this Court fail to acknowledge it, then surely a court will find that this is the very case that mandates the exercise of a court’s supervisory power if not the constitutionally required application of Brady to dismiss this prosecution because of the government’s appalling and unrepentant attitude. Bank of Nova Scotia v. United States, 487 U.S. 250, 263 (1988); see Napue v. Illinois, 360 U.S. 264 (1959) (conviction obtained on known false
evidence cannot stand).”
“The government’s response admits astounding and widespread government misconduct as detailed in the IG Report regarding the Crossfire Hurricane investigation and FISA applications, yet Mr. Van Grack refuses to admit any impact on Mr. Flynn’s case. For these reasons and those in Mr. Flynn’s Motion to Dismiss and other briefs, the government’s outrageous misconduct
mandates dismissal of this prosecution with prejudice. Its opposition proves no interest in justice, defies credulity, and demonstrates the government’s reprehensible and unrepentant attitude toward the most serious of all issues that affect due process and the administration of justice.”
Michael Flynn case review by US Attorney Jeff Jensen, Attorney General Barr decision, “government’s bad faith, vindictiveness and breach of the plea agreement.”
“Immediately after President Trump won election, opponents inaugurated what they call ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch.” …Attorney General Barr
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From Fox News February 14, 2020.
“Justice Department taps outside prosecutor to review handling of Michael Flynn case
The Department of Justice has tapped an outside prosecutor to review the case of former National Security Adviser Michael Flynn, Fox News has learned.
A senior Justice Department official told Fox News on Friday that Jeff Jensen, the U.S. Attorney for the Eastern District of Missouri, has been assigned to Flynn’s case.
Jensen will be working hand-in-hand with the lead prosecutor of Flynn case, Brandon Van Grack, according to the official.
The case against the former US Army lieutenant general has gone through years of twists and turns, with sentencing postponed repeatedly over the last two years. Flynn’s supporters have insisted he is innocent but was forced to plead guilty when his son was threatened with prosecution and he exhausted his financial resources.
The announcement of the review of Flynn’s case comes amid a tumultuous week at the Justice Department.”
“The probe into Flynn’s case, though, comes as the timeline for the former national security adviser’s sentencing remains at a standstill.
Last month, Flynn and his attorney Sidney Powell moved to withdraw his guilty plea for making false statements to the FBI about his communications and conversations with former Russian ambassador Sergey Kislyak—which stemmed from Mueller’s probe as well.
Powell, in the filing, said the move to withdraw his guilty plea was “because of the government’s bad faith, vindictiveness and breach of the plea agreement.”
“The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel,” she wrote. “This can only be because, with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution.””
Flynn prosecution response to Motion to Dismiss for Egregious Government
Misconduct Feb 12, 2020, Why is Brandon Van Grack still assigned?
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From the Flynn prosecution response to Motion to Dismiss for Egregious Government Misconduct Feb 12, 2020.
“The defendant does not identify government misconduct in this case, and certainly not conduct that is “outrageous” or “grossly shocking.” His allegations center on the OIG Report, see Mot. to Dismiss at 6-16, but the misconduct described in the Report does not pertain to the investigation of the defendant or his false statements to the FBI on January 24, 2017. And the information in the Report pertaining to SSA 1 does not constitute a Brady violation. Defendant’s
remaining allegations have either previously been rejected by this Court or are irrelevant to the charges to which defendant pleaded guilty.
a. The errors and/or misconduct described in the OIG Report do not pertain to defendant’s false statements to FBI on January 24, 2017.
The defendant was charged with and pleaded guilty to providing false statements to FBI agents during an interview on January 24, 2017. The OIG Report does not identify errors or misconduct pertaining to the investigation of the defendant.4
With respect to the investigation of the defendant, the OIG Report “concluded that the FBI had sufficient predication to open [a] full counterintelligence investigation [] of . . . Flynn . . . in August 2016.” OIG Report at 352. The
defendant’s motion focuses on SSA 1’s participation on August 17, 2016, in a strategic intelligence briefing given to then-candidate Trump and the defendant. As the OIG Report explained, the FBI selected SSA 1 to participate in that briefing “in part, because Flynn, who would be attending thebriefing with candidate Trump, was a subject of the ongoing investigations.” Id. at 407-08. The Report does not allege that SSA 1’s participation in the briefing amounted to misconduct. Rather, the Report concludes SSA 1’s participation was a “judgment call[] left to the discretion of FBI officials.” Id. at 408. And the decision for SSA 1 to participate was “reached by consensus” among “higher levels” at the FBI. Id. at 341-42, 408. 5
The OIG Report did identify instances where the FBI did not comply with existing policies and neglected to exercise appropriate diligence, which led to “significant errors or omissions” in the four FISA applications for surveillance targeting Carter Page. But those four FISAs did not target the defendant. To the contrary, the Report affirmed that the FBI “did not seek FISA
surveillance” of the defendant. Id. at 357 n.488. The government does not dispute the seriousness of the “significant errors and omissions” described in the Report. But the compliance and diligence failures and “significant errors” as they relate to the Page FISA applications do not warrant or necessitate the dismissal of the charge against the defendant. ”
Obama FBI attempted frame of Julian Assange in 2011, Former Icelandic Interior Minister Ögmundur Jónasson blocked, 2016 Strzok Page emails
“WikiLeaks was bringing out the truth, revelaing crimes which should have been taken to court. This has been prevented. So the charges brought against the publisher are, in reality, charges against free speech and freedom of the press. The American police and secret services are trying to create an atmosphere of impunity, where they can do anything. Even when they landed here, they were showing contempt for democracy.
What they are doing to Assange is in opposition to the American Constitution and the principles of human rights, they claim they are protecting.”...Former Icelandic Interior Minister Ögmundur Jónasson
“In 20 years of work with victims of war, violence and political persecution I have never seen a group of democratic states ganging up to deliberately isolate, demonise and abuse a single individual for such a long time and with so little regard for human dignity and the rule of law … The collective persecution of Julian Assange must end here and now!”...Professor Nils Melzer
“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019
From Independent Australia.
“The FBI tried to make Iceland a complicit ally in framing Julian Assange
“Mr Jónasson told IA:
“In June 2011 I was told that U.S. intelligence had discovered that hackers were preparing an attack on Icelandic governmental institutions. I was asked if we wanted to cooperate with the Americans.”
Of course, Iceland was interested in hearing what they had to say and then the idea was to evaluate whether to cooperate and to what extent. Icelandic police officers went to Washington and American officers visited Iceland in order to map the problem out, but no proof of possible attacks emerged.”
“However, in August 2011, a plane full of FBI agents accompanied by prosecutors landed in Reykjavik.
Jónasson says:
“When I heard of this, I asked my colleagues in the Ministry if, unknown to me, the FBI had been given permission to carry out police work in Iceland. I certainly had not given such a permission and the decision should anyway have been on my table.“
He then spoke with the Chief of Icelandic Police, having been told a meeting had been planned.
Jónasson explains:
“I knew that the FBI were on the way to Police Headquarters with the intention to map out co-operation linked to the WikiLeaks issue. I requested that no such meeting should take place and that there should be no further contact whatsoever.”
The FBI agents were not permitted to carry out any police work in Iceland.
But this was not only about defending Iceland´s sovereignty. According to Mr Jónasson, during this process, he had been informed that the FBI showed up in Reykjavik with the aim of framing Julian Assange.
While it would be logical to ask for some kind of documentary proof to this effect, Jónasson is clear:
I am the proof. When I say they came here to frame Julian Assange and WikiLeaks, I don’t say this lightly, I am selecting my words very carefully, I know what I am talking about. I am stating this in accordance with my word of honour that I knew this was the case. I have testified to this effect in front of a parliamentary committee and in the parliamentary assembly, and my words have not been contested.”
“RAY McGOVERN: German TV Exposes the Lies That Entrapped Julian Assange”
“In the end it finally dawned on me that I had been blinded by propaganda, and that Assange had been systematically slandered to divert attention from the crimes he exposed.” (Emphasis added.)
Melzer ended his op-ed with this somber warning:
“… This is not only about protecting Assange, but about preventing a precedent likely to seal the fate of Western democracy. For once telling the truth has become a crime, while the powerful enjoy impunity, it will be too late to correct the course. We will have surrendered our voice to censorship and our fate to unrestrained tyranny.””
From Judicial Watch on FOIA emails that reveal FBI discussions about Seth Rich and Julian Assange.
“In a heavily redacted August 10, 2016 email exchange, Strzok sends Page a forwarded message from unidentified agents from the FBI’s Washington Field Office (WFO) who discuss SethRich. Rich, a Democratic National Committee (DNC) staffer, was murdered in Washington, D.C. on July 10, 2016. The case reportedly remains open.
A [redacted] official in the Public Affairs office of the WFO opens the email chain, writing: “Various news outlets are reporting today that Julian Assange suggested during a recent overseas interview that DNC Staffer, SethRich was a Wikileaks source, and may have been killed because he leaked the DNC e-mails to his organization, and that Wikileak’s was offering $20,000 for information regarding Rich’s death last month. Based on this news, we anticipate additional press coverage on this matter. I hear that you are in class today; however, when you have a moment, can you please give me a call to discuss what involvement the Bureau has in the investigation.””
US v Michael Flynn, Prosecutors seek sentencing date delay, Flynn received ineffective assistance from law firm Covington & Burling, Waived attorney client privileges
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From Fox News February 9, 2020.
“Federal prosecutors seek to delay Michael Flynn’s sentencing date
Federal prosecutors are looking to move back the sentencing date for Michael Flynn after President Trump’s former national security adviser withdrew his plea in December for lying to the FBI.
The U.S. Attorney’s Office in Washington did not specifically call for a postponement of Flynn’s Feb. 27 sentencing hearing in its most recent filing, but it did propose delaying a number of approaching deadlines that would ultimately make his sentencing unlikely.
Prosecutors argue in the new filing that Flynn’s former attorneys should testify after he claimed to have received ineffective assistance from them. Flynn had previously hired the premier D.C. law firm, Covington & Burling. Federal lawyers also want Judge Emmet Sullivan to order that Flynn has waived his attorney-client privileges in his communications with Covington & Burling.”
““The government requests that the Court suspend the current briefing schedule concerning the defendant’s [motion] until such time as the government has been able to confer with Covington regarding the information it seeks,” prosecutors wrote. “While Covington has indicated a willingness to comply with this request, it has understandably declined to do so in the absence of a Court order confirming the waiver of attorney-client privilege.”
Flynn in January moved to withdraw his guilty plea for lying to the FBI in the Russia probe, citing “bad faith” by the government. That court filing came just days after the Justice Department reversed course to recommend up to six months of prison time in his case, alleging he was not fully cooperating or accepting responsibility for his actions.
“The prosecution has shown abject bad faith in pure retaliation against Mr. Flynn since he retained new counsel,” Flynn’s attorneys wrote in the filing. “This can only be because with new, unconflicted counsel, Mr. Flynn refused to lie for the prosecution.””
Seth Rich murder cover ups and misconduct by FBI, Ty Clevenger v. U.S. Department of Justice telehearing February 12, 2020, Caitlin Sinclair of One America News permission to listen
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“Journalism is printing what someone else does not want printed: everything else is public relations.”…George Orwell
Filed by Attorney Ty Clevenger February 7, 2020.
“Re: Ty Clevenger v. U.S. Department of Justice, et al., Civil Action No. 18-
CV-01568 (WFK) (LB)
Judge Bloom:
Caitlin Sinclair, a reporter for One America News, told me she contacted your
chambers about listening to the telehearing scheduled for February 12, 2020 in the matter above, and she said she was informed by your clerk that one of the parties would need to request authorization on her behalf. I write to request such authorization.
The circumstances surrounding the murder of Seth Rich have been subject to
national media attention since late 2016, shortly after Mr. Rich was murdered. Likewise, misconduct and cover-ups within the FBI have been the subject of widespread media attention for at least two years. I believe the public and, by extension, the media have a legitimate interest in the February 12, 2020 hearing, therefore I request that Ms. Sinclair be permitted to listen to the telehearing.
I conferred with Asst. U.S. Attorney Kathleen Mahoney, counsel for the
Defendants, and she indicated that the Defendants take no position on this request. Thank you in advance for your consideration.”
Flynn motion to dismiss for egregious government misconduct January 29, 2020, Remarkable new Brady evidence prosecution has long suppressed
And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From the General Michael Flynn
MOTION TO DISMISS FOR EGREGIOUS GOVERNMENT MISCONDUCT AND IN THE INTEREST OF JUSTICE
January 29, 2020.
“Michael T. Flynn (“Mr. Flynn”) hereby moves to dismiss the charges against him for outrageous government misconduct and in the interest of justice.1 This motion is based on exculpatory evidence (“Brady”) as well as egregious government misconduct that was discovered after Mr. Flynn’s Motion to Compel Brady Material (ECF No. 109) and related briefing.
Such exculpatory evidence and outrageous misconduct includes that on December 9, 2019, the Inspector General of the Department of Justice (“DOJ”) issued its 478-page report on the “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation” (“IG Report”).2 The IG Report illustrates the misconduct by the government as further detailed below.
Further, on December 15, 2019, the government produced to Mr. Flynn’s defense team 637 pages of documents—including sixteen long-awaited FD-302s and 206 pages of corresponding FBI handwritten notes—all of interviews of Mr. Flynn. Additionally, in its Supplemental Sentencing Memorandum (which also breaches the plea agreement), the government included never-produced FD-302s of the government’s interviews with Mr. Flynn’s prior counsel at Covington & Burling (“Covington”), Robert Kelner and Brian Smith, from June 2018. ECF No. 150-4 through 150-6. The government also belatedly produced to Mr. Flynn FD-302s and related documents as recently as January 23, 2020. ECF No. 157.
These documents contain remarkable new Brady evidence that the prosecution has long suppressed. For instance, this evidence not only belies the bogus FARA “false statement” charges Mr. Van Grack leveraged against Covington and Mr. Flynn, but also demonstrates Mr. Van Grack knew these charges were bogus, yet sought to have Mr. Flynn make a false statement in his EDVA interview on June 25, 2019, and was encouraging subornation of perjury by Mr. Flynn. See ECF
No. 151. Additionally, the IG Report shows that the government long suppressed evidence of shocking malfeasance by the leadership of the FBI and Supervisory Special Agent 1 (“SSA 1”) that was favorable to Mr. Flynn’s defense. For these reasons, and those outlined in prior briefing, Mr. Flynn moves to dismiss this entire prosecution for outrageous government misconduct and in
the interest of justice.
This factually and legally baseless “investigation” and prosecution of Mr. Flynn has no precedent. From the FBI’s insertion of SSA 1 into the August 17, 2016 presidential briefing of candidate Trump and Mr. Flynn, to the former Director of the FBI bragging and laughing on national television about his own cleverness and violations of FBI/DOJ rules in dispatching agents to the White House to interview the new President’s National Security Advisor, to the still missing
original FBI FD-302 of the January 24, 2017 interview—everything about this prosecution has violated long-standing standards and policy for the FBI and the DOJ. In addition to the myriad of breaches and irregularities identified in our prior filings, the IG Report released on December 9, 2019, reveals even more evidence of the FBI’s deceitful and wrongful conduct that should have
been disclosed to Mr. Flynn’s defense.3
There were two FBI agents who interviewed Mr. Flynn in the White House on January 24, 2017—Agent Peter Strzok and SSA 1. The IG Report confirms both participated in government misconduct. As explained in further detail below, not only was Strzok so biased, calculated, and deceitful he had to be terminated from Mueller’s investigation and then the FBI/DOJ, but it has also now been revealed that SSA 1 was surreptitiously inserted in the mock presidential briefing
on August 17, 2016, to collect information and report on Mr. Trump and Mr. Flynn. Moreover, SSA 1 was involved in every aspect of the debacle that is Crossfire Hurricane and significant illegal surveillance resulting from it. Further, SSA 1 bore ultimate responsibility for four falsified applications to the FISA court and oversaw virtually every abuse inherent in Crossfire Hurricane—
including suppression of exculpatory evidence. See generally IG Report.
Only the dismissal of this prosecution in its entirety would begin to get the attention of the government, the FBI, and the DOJ needed to impress upon them the “reprehensible nature of its acts and omissions.” United States v. Kohring, 637 F.3d 895, 914 (9th Cir. 2011) (Fletcher, J., concurring in part and dissenting in part).”
Unequivocal proof FBI hiding Seth Rich records, Attorney Ty Clevenger letter to US Attorney John Durham, Criminal Complaint January 27, 2020
And I’ve now found a witness who says the original 302 did in fact say that Flynn was honest with the agents.”...Attorney Sidney Powell
“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October 23, 2019
“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019
From Attorney Ty Clevenger January 27, 2020.
“We now have unequivocal proof that the FBI is hiding records about Seth Rich
The FBI is hiding documents about murdered Democratic National Committee employee Seth Rich, according to emails released last week, so this morning I requested a criminal investigation into the cover-up.
As most people outside of solitary confinement know, the whole “Russian collusion” investigation began with the premise that Russia hacked the DNC, but considerable evidence suggests that the DNC emails were downloaded by someone inside the DNC — liike Mr. Rich — and then provided to Wikileaks.
Rather than re-invent the wheel, I’ve copied and pasted my letter to U.S. Attorney John Durham, U.S. Attorney Richard Donoghue, and Inspector General Michael Horowitz:
Mr. Durham, Mr. Donoghue and Mr. Horowitz:
I wish to file a criminal complaint regarding false statements made by FBI Section Chief David M. Hardy in two affidavits [click here and here] filed in the FOIA case identified above [i.e., Ty Clevenger v. U.S. Department of Justice, et al., Civil Action No. 18-CV-01568]. I requested FBI records pertaining to Seth Rich, who allegedly was the source of Democratic National Committee emails published by Wikileaks in 2016 (rather than Russian hackers). In the affidavits (attached to the email version of this letter), Mr. Hardy testified that his office conducted a reasonable search, and it found no responsive records.
New evidence proves otherwise, and it appears that Mr. Hardy has perpetrated a fraud on the court. Judicial Watch recently published documents that it obtained in response to a FOIA request for communications between former FBI agent Peter Strzok and former FBI attorney Lisa Page (https://www.judicialwatch.org/wp-content/uploads/2020/01/JW-v-DOJ-Strzok-Page-Prod-16-00154.pdf), and I would direct your attention to pages 123-125. In those pages, you will find a heavily-redacted email discussion regarding Mr. Rich. Note that the header on those emails is “Seth Rich.”
I defy Mr. Hardy to provide an innocent explanation for his office’s failure to produce these emails, and I suspect the misconduct reaches far beyond my specific FOIA request. Several facts are worth noting:
* Mr. Hardy touts the reasonableness of relying on the FBI’s Central Records System (“CRS”), but note that CRS does not search the FBI email system. That sort of half-baked, designed-to-fail search methodology would never be tolerated in litigation among private parties, yet it appears to be standard operating procedure at the FBI. And note that when I asked the FBI to search its email systems, it arbitrarily refused.
* Mr. Hardy’s staff purportedly searched for “Seth Conrad Rich” but failed to search for “Seth Rich,” another tactic designed to exclude responsive records.
* According to Mr. Hardy’s affidavit, the only records indexed by CRS are those that are manually designated by FBI personnel. Undoubtedly, FBI personnel know that they can immunize their email communications from FOIA requests simply by omitting the subject matter from the CRS, because Mr. Hardy will subsequently declare (1) that a CRS search is sufficient and (2) there is no need to conduct an email search.
I have previously written to Mr. Durham regarding evidence that the FBI was hiding information about Mr. Rich, and I have attached a December 13, 2019 order issued in Butowsky v. Folkenflik, Case No. 4:18-cv-00442-ALM-CMC (E.D. Tex.). Please see pages 23-29 in particular. Finally, I have attached an October 8, 2019 reply in the FOIA case, and it notes a previous occasion wherein Mr. Hardy provided inaccurate information to a court.”
Citizen WElls 