This is frustrating, but not surprising. In the updated DOJ court filing today (pdf link here) the DOJ tells the court they want to keep the Comey Journal (memos) hidden from public review {BACKSTORY HERE}:
Hat Tip Techno-Fog: The release of Mueller’s Report… “does not alter the FBI’s position with regard to the remaining redactions in the Comey Memos.”
The DOJ has authorized the release of the Jaunary 22, 2018, transcript from the ex parte hearing. So we will get to see the original discussion which should include the FBI descriptions of the Comey Journal and their reasoning (to the judge) for keeping the collection of memos hidden.
Keep in mind DC Court Judge James E. Boasberg is also a FISA judge.
As pointed out by Techno-Fog the media will get the transcript release first. However, we will work earnestly to deliver it as soon as possible after release:
Reminder below of what this is about:
The documents surfaced as part of the FOIA case [Backstory Here] where DC Court Judge James E. Boasberg -an Obama appointee and also a FISA judge- asked the FBI to file an opinion about the release of Comey memos to the public. There were two original issues: (1) can the memos be released? and (2) can prior sealed FBI filings, arguing to keep the memos hidden, be released?
Below is the original declaration outlining to the court on October 13th, 2017, why the Comey memos must be sealed. It is inside this exhibit where we discover there are many more memos than previously understood, and the content of those memos is far more exhaustive because James Comey documented the FBI investigation.
In essence Comey created these memos to cover his ass. (pg 13):
FBI Agent Archey then goes on to explain what is inside the memos: It is in this section where we discover that Comey made notes of his meetings and conversations with investigators.
Along with writing notes of the meetings and conversations, apparently Comey also made notes of the sources and methods associated with the investigation. Why would Comey generate classified information in these notes (sources and methods) unless he was just covering his ass because he knew the investigation itself was a risk…
The content of the memos seems rather exhaustive; it appears Comey is keeping a diary for use in the event this operation went sideways. (page #14, exhibit B)
All of those investigative elements would likely be contained in official FBI files and notes by the investigative agents. There is no need for a contemporaneous personal account of meeting content unless Comey was constructing memos for his own protection. These memos appear to be motivated by the same mindset that caused Susan Rice to generate her email to self on inauguration day.
In the next section FBI Agent David Archey explains the scale of the memos. There are obviously far more than previously discussed or disclosed publicly. Additionally, look carefully at the way the second part is worded.
Archey is saying Comey’s written recollections should be withheld because it might affect the testimony of people familiar with the “memorialized conversations”. (page #15, Exhibit B)
This is an October 2017 filing, Comey was fired May 9th. FBI Agent Archey is outlining Trump as the target who might adjust his testimony. Again, more evidence of the special counsel focus being motivated by the obstruction case they were hoping to build. [Reminder, Comey was still FBI director at the time these memos were written]
The next section gets to the heart of why the FBI wants to keep the Comey memos hidden and not released.
In this section Archey outlines how FBI Director James Comey wrote down who the sources were; what code-names were assigned; how those confidential sources engaged with FISA coverage initiated by the FBI; what foreign governments were assisting with their effort; and what the plans were for the investigation.
Again, why memorialize all of this classified information unless the memos were intended as CYA protection for himself?
There’s also really good news in here. Think about it. Now we know the entire anti-Trump operation is memorialized in writing. There is documentary evidence of the entire operation, from the perspective of James Comey, within these memos. We did not know that before this moment.
Therefore, it looks like President Trump can add the Comey Memos to the pre-existing declassification list. At any time, President Trump now has an additional set of documents he knows to exist that his office can ask to be released.
If the FBI was running an honest and genuine investigation; what do they have to fear from the release of the Comey Memos now that the investigation is over.
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