FBI Continues to Skirt Court Order to Turn Over McCabe Communications

Judicial Watch says bureau refusal shows contempt for rule of law

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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Notable Replies

  1. Nic says:

    It seems that our new and nightmarish reality creates new rules for the English language such as criminality and politicking being synonymous. Is this political correctness run amuck? Or is it denial?Mcabe didn’t act at all for political reasons.His motives are as old school and obvious as they come.He is a DIRTY cop and as such is not political but mercenary. He like his close friends want money and power.They are simply corrupt.The Clintons and their now international cartel are like a disease which infected our nation long ago.It has spread unchecked and has infected Americans across the spectrum of our population. This is not now nor will it ever be “political”.These are not synonyms and we should stop playing make believe.America is fully aware now and will not go back to sleep nor accept all the corruption being so commonplace and accepted that we now have even the white hats tiptoeing around so as not to hurt the feelings of the utterly corrupt.God help us if we cannot get honest as a nation and stop hiding from what is as obvious to the silent majority as the need to call 911 when awakened to smoke and flames in your house in the middle of the nite.Let us save our country before our insecurity and fear of offending even those who merely feign offense cause us to lose all.

  2. Nic says:

    And since I only have a h.s.diploma I ask those of you who do know more.Is there no judicial intervention which can be sought in order to intervene in the management of these institutions?My common point of view says if they can get orders against the presidential authority even in literally outrageous ways,is there no new not yet imagined yet imaginative way for the President to seek emergency relief when he does so on behalf of country peril?The FBI and Justice need to be shut down at least temporarily while this threat to our security is appraised by honest and dutiful public servants.No way huh?B.S.!We need special force type thinking.What about state of emergency?What change would that allow?Can the military be ordered to occupy these institutions temporarily? These institutions are filled with “real cops” who aren’t dirty and I bet they are praying for some such intervention. Are there no good judges of high authority that can be of assistance (they too might welcome such a chance)It Doesn’t have to be action that is unquestionably constitutional as our corrupt fellows have shown us.It need only have exigent interventional features and at least plausible constitutionality for it need only be enforced for a short time and against those agencies refusing orders as lawful as an officer ordering a citizen to drop a weapon.Common sense says loudly that there must be such a way even if it’s newly envisioned and outside the politically correct box.I ask these questions sincerely of the more educated patriots.Please please think!And ask and network and call in favors and ask non lawyers but this problem cannot go unresolved or we won’t have a country much longer.At least it seems so to this forgotten man.

  3. FBI? Who(?) FBI. Is this a Christopher Wray decision?

  4. Man, this thing is like trying to twist and yank bloody MOLARS (sic) out of a Polar Bear’s bloody jaw - while it’s alive!

  5. Tea Party March II !! Surround the relevant buildings. Use Project Jericho method of massive GROUP THUNDERCLAP SHOUTS. Tell these people WITH ONE THUNDERCLAP VOICE that WE know X, we KNOW Y, W KNOW Z - - and A PEOPLE’S GRAND JURY will now be called. The Million Patriot Tea Party will conduct a real trial right out in the open air.

    I bet we could do a better job of getting at the truth than these swamp demons.

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