For more than two months, the FBI has failed to abide by a judge’s order to turn over all of former FBI Deputy Director Andrew McCabe’s text messages, emails and SMS phone messages to a government watchdog group that has filed a lawsuit on behalf of a former senior FBI special agent. The communications in question are related to McCabe’s wife’s unsuccessful run for Virginia State senate and might also contain invaluable information on McCabe’s role in the Bureau’s investigation into Hillary Clinton’s private email server used to send classified information, several former FBI sources and a government official told this reporter.

In January, Judicial Watch, a formidable conservative watchdog group based in Washington D.C., filed a lawsuit against the FBI for the communications on behalf of retired FBI Supervisory Special Agent Jeff Danik. Danik spent more than 28 years with the bureau as a supervisor in the counter-terrorism division and special overseas advisor. Danik filed his original Freedom of

“They have not produced one text of McCabe’s, not one…”

Information Act (FOIA) request in October 2016 for McCabe’s communications. After Danik filed his original FOIA the FBI responded on November 8 and 9, 2016 denying his request. Danik appealed to the Justice Department and in June of 2017 the DOJ wrote that the FBI should search for and turn over any pertinent documents. The FBI still refused to turn over the documents and in January he filed a joint lawsuit with Judicial Watch for the documents.

“They have not produced not one text of McCabe, not one,” said Danik, referencing the bureau. “The government is out of control and it’s astonishing. Do you know what would happen if the government subpoenaed you for information and you didn’t produce records that you had in your possession? You’d go to jail for contempt.”

FBI officials could not be reached immediately for comment.

Michael Horowitz, Inspector General of the U.S. Department of Justice

Michael Horowitz, Inspector General of the U.S. Department of Justice

It’s been months and “the FBI continues to stonewall,” said Danik.

The DOJ’s Inspector General Michael Horowitz is expected to produce a report before the end of the month on the bureau’s handling of the Clinton investigation and according to IG’s mandate, McCabe is a significant part of that probe. According to several government sources and a former senior law enforcement official McCabe will not only be criticized by Horowitz for authorizing a leak to the Wall Street Journal on October 2016  but has also been under investigation for allegedly intervening to shut down part of the investigation into the Clinton server.

“McCabe had the authority to shut down investigations but if it’s discovered that he stopped an investigation for political reasons based on his own bias that will be a significant problem for him,” said a former senior government official, with knowledge of the investigation.

Danik said McCabe’s communications are essential to unraveling how the bureau’s leadership handled Clinton’s investigation into the former presidential candidate, adding that it is more poignant after text messages between FBI special agent Peter Strzok and his paramour FBI lawyer Lisa Page revealed extreme bias against President Trump in the alleged Russia collusion investigation, as reported earlier. Strzok was removed from Special Counsel Robert Mueller’s investigation into Trump after the text messages were discovered.

Judicial Watch’s president Tom Fitton expressed concern after his organization uncovered communications showing McCabe, “despite massive contributions from Clinton ally Terence McAuliffe” to his wife Jill McCabe in the 2015 political campaign, did not recuse himself from the Russia investigation until a week before the November 2016 election. It was originally believed that McCabe had recused himself much earlier in the investigation.

“The FBI has been playing games with text messages for some time,” said Fitton. “The arrogance in refusing to provide any text messages of Mr. McCabe shows a contempt for transparency and the rule of law.”

Danik, who spent his career at the FBI building cases, said the failure of the bureau to adequately investigate Clinton’s use of a private server to conduct government business was an “astonishing failure” to the American people and was criticized by many former and current agents.

“If I was allowed to conduct the investigation into who knew what, when regarding the Hillary Clinton email server, I could put that timeline together very quickly,” said Danik, in an earlier interview. “There’s a huge electronic footprint now…in the FBI between text and email and instant messaging. The way that the documents are prepared in the official system. This is a large footprint that is left on an investigation and it can be quickly retrieved. You can tell very quickly the efficiency, the speed at which investigation was taken or not undertaken. I don’t know if they don’t want those records out because it pulls back the curtain and lets you see the framework of these investigations or maybe they are afraid of what it actually says and who it reflects on.”

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  1. If the FBI is ignoring a court order the judge who issued it should find those who are ignoring it in contempt.

  2. As they continue to believe that they are they are the dominate interpreters

    as they need to be, because hold all info intel

    to obama’s fbi will continue to rule as they please

    and this fbi really believe that they are a huge ruling US sovereignty

    over our US Congress & over our US Senate & over our US Presidency

    if you still don’t/won’t believe, keep watching what obama’s fbi keeps doing!!!

  3. Which elections?

    The only large items I’m aware we are waiting for is the IG report, and 27 leak investigations.

  4. There are a lot of corrupt people that should be heading to jail and it’s not President Trump. It just shows that America elected the Right President.

  5. Comey was FBI director for only three years or so. Did all the corruption erupt during his watch? Not too likely. His predecessor was in the job for twelve years. Maybe some of it sprung up during his time at the helm. But then he’s a republican and has a wonderfully strong reputation. Hmmm.


  7. A FISA Judge issues an order for the Obama admin to spy and the FBI jump onto that, yet a Judge orders release of texts and the FBI refuses. No, there is not a 2 tier justice system.

  8. Need an investigation into BIG Subversion/insurrection of our Gov. by many.
    Top FBI & other intel. personnel, some Senators & Representatives and News media, etc.
    Then a Nuremburg type trial. In public and all at once.

  9. Total BS unless you believe the GOP will retain both chambers of Congress and the WH. IMO, this stonewalling is intended to buy time until the midterms, when the Dems will steal and/or screw around with enough ballots to put them and their neat new deep state candidates in the winner’s circle…in control of Congress. Then ALL of this stuff gets buried. We cannot afford to let this drag out!

  10. Where the hell is Christopher Wray in all this? Why can’t Trump just order Wray to ensure that the FBI respond to FOIA requests? I don’t get it.

  11. Seems clear. While watching “Scandulous” which documents the 1990’s Billy C’s “transgressions, Rod Rosenstein was smiling and walking with BC. At the time he was a democrat, then sometime he switiched his alliance to Republican. Mueller is/was “designated” Republican. Conor Lamb ran spouting support for Trump’s tariffs, Second Amendments rights, etc.
    The “game” is obvious. Its cat and mouse game to the swamp dwellers. They, as one poster said, above, the government is out of control. Started with Bill Clinton presidency. And, all roads lead back to the Clintons.
    As revealed by Project Veritas, CNN producer says “The American voter is stupid as sh*t”.

  12. The first FBI wrong doing w/H. Clinton was the 300 or so FBI files given to H. Clinton in the 1990s.
    Nothing done by congress.

  13. The actual problem is that Rosenstein/Sessions are violating a legal order. There is a plan to give the House to the democrats in the upcoming election to impeach Trump. Some Republicans are involved.

    The entire problem underlying problem goes back to the uranium deal, which Mueller was involved in. Silly arguments such as Mueller is a republican are silly. Mueller worked many years closely with Obama. He assembled a hit squad of leftist hacks to go after Trump.

  14. As stated above, saying you belong to a certain party is a ploy to manipulate voter’s loyalties. We have seen John McCain, Corker and others vote against “their own party” just to stick it to Trump. I agree with V. Lombardi that this road leads to U1 deal as all these long-time swamper’s were involved: Mueller, Clapper, Comey, Brennan, Clintons, Obama, Blumenthal, Cody Shear and the list goes on and on.

  15. Tara, I agree, but what’s the next step. What’s the missing piece? I thought the IG can only issue a report, the DOJ has to bring charges? Which means back to Sessions. I’ve also read rumors about a million pages or 1.2 Million page report. I wonder if this is the IG report.

    Could it be there is a grand jury at work? They are supposed to be secret.

    I agree that a lot seems to point to the Uranium One deal. But what is in it for Rosenstein, Mueller, etc.?? My only guesses are protecting the Swamp, and protecting Clinton/ Obama. Any other guesses?

    FWIW, a Dick Morris comment in one of his lunchtime chats (video tape) online reminded us that we captured or had 10 Russian spies here, and some quickie exchange was brokered by Hillary and Obama, and they were whisked out of the country in a spy swap around Christmas. Without being questioned. This may have been tied to Uranium One.

  16. I have no faith in the IG, the DOJ or the FBI. By their fruits ye shall know them. Everyone except for the paid troll here and there realizes our system is totally broken. The leftists are in firm control over much of this country and freely move about the world laughing at the sheeple in the US madly woking away like slaves all the while letting the elite freaks take about their rights, money and power without any resistance.

    The DOJ court orders the FBI to do something and the FBI refuses, yawn. When the DOJ tiger has no teeth, what’s the point?

  17. Can we go physically arrest someone and lock them up for non compliance?

    I know, it’s a town run by Liberals. Not likely.

  18. When the feds get a subpoea on you, you are suppose to jump to. When you get a subpoena on the feds, not so much. That’s the whole problem here. The people at DOJ & FBI think that they are above the law. Thia is why it is important to fire McCabe before he gets his retirement. But, I will guarantee you, Jeff Sessions will not do it. The next photo that you will see in the newspaper is Jeff Sessions, Rod Rosenstein, the Solicitor General and Andy McCabe having dinner. So, when a federal prosecutor gets a subpoena for someone to turn over certain documents, that someone should just slow walk it and say I’m looking for it. And cite the DOJ as a precedent

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