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DOJ Files Motion to Block Court Order Forcing Release of "Archey Declarations" (Comey Memos)…

The DOJ has filed a response motion requesting a reversal of a prior court order that would have forced unredacted release of the “David Archey Delcarations“; detailed descriptions of the James Comey memos.  [Detailed Backstory]
In their latest filing (full pdf below) the DOJ and FBI are falling back on the familiar “sources and methods” justification to block DC Circuit Court Judge Boasberg’s earlier ruling.
[Backstory for those unfamilar] In the background of what was The Mueller Investigation, there was a FOIA case where the FBI was fighting to stop the release of the Comey memos.  Within that courtroom fight Mueller’s lead FBI agent David Archey wrote a series of declarations to the court describing the content of the memos and arguing why they should be kept classified.
The FOIA fight shifted; and the plaintiff, CNN, argued for public release of the content of the FBI agent’s descriptions, now known as the “Archey Declarations”.
After a lengthy back-and-forth legal contest, on June 7th Judge James E Boasberg agreed to allow the FBI to keep the Comey memo content hidden, but instructed the DOJ/FBI to release the content of the Archey Declarations.  The DOJ is seeking to reverse that order.
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James Comey Responds IG Investigation and Criminal Referral…

The interesting aspect here is to remind ourselves that James Comey is currently in the “Principal Review Phase” of a pending IG report that is specific to his conduct.
Inspector General Michael Horowitz has written a report of Comey’s conduct. Part of that process included a criminal referral to US Attorney John Huber, and a prosecution declination. James Comey has obviously reviewed the IG report (an NDA restricts his ability to talk specifically about it); and we are awaiting publication of the final report.

(Tweet Link)

It sounds like former FBI Director James Comey has concluded his response to the Inspector General’s report.  Which means the IG report is soon to be released.

Moments Away – Inspector General Report on James Comey To Be Released Any Day…

Now that we know the Department of Justice Inspector General is about to release a report on former FBI Director James Comey; and now that we know the OIG Principal Review Phase was already initiated; we can start to monitor the IG Website for the release.

NOTE: This is NOT the IG report on DOJ and FBI conduct about IG FISA abuses. This is a carve-out report, specific to James Comey and his leaked memos.

It appears the pending IG report will cover the conduct of James Comey and how he handled a series of memos he produced; contemporaneous accounts written by Comey covering events he documented outside of normal FBI protocol.

As part of the process, the inspector general report has been given to James Comey in advance.  According to John Solomon reporting, Comey lawyers Patrick Fitzgerald and Daniel Richman, along with spokesperson Keith Urbahn are all participating in his review of the report content.  This is called the “Principal Review Phase”.
In the example of the 2018 IG report on Andrew McCabe, the OIG gave McCabe’s team a week during the principal review phase, and then published the report two days after the responses were submitted. [McCabe Report Reviewed] We don’t know how long James Comey has had the report, but my hunch is several days.
If the IG sticks to the same general feedback timeline as the McCabe report, we could see a final IG report very soon; perhaps even as early as tomorrow (Friday August 2nd); which would line-up with the DOJ request for additional time in the Comey Memo/Archey Declaration FOIA case in the DC Circuit (Judge James Boasberg) also due Aug 2nd, and possibly delayed due to the background of the Comey IG report being released.
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FOIA Release: FBI Agents Picked Up Comey Memos From His House Day Before Senate Testimony…

A recent FOIA release from Judicial Watch (full pdf below) reveals that two of Mueller’s initial FBI agents, based on dates and redactions – likely Peter Strzok and Joe Pientka, visited James Comey on June 7th, 2017, to retrieve a collection of his memos.
[However, a word of caution, one of the memos was titled “last night at 6:30pm” and is being widely misinterpreted to have been written the night before (June 6th, 2017) when that is not accurate.  It is likely that memo relates to the January dinner in the White House with President Trump that held the same sentence.]

(pdf here)

If we ignore the misinterpreted “last night” memo aspect (dinner with potus in January ’17), here’s what we can learn from this FOIA release:
♦First, the memos were picked up while FBI agent’s Peter Strzok and Joe Pientka were lead FBI agents that transferred into the Mueller team.  Therefore it’s likely they were the two who traveled to Comey’s house for this June 7th effort.
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Maria Bartiromo to Devin Nunes: "Who is the mastermind behind all of this?"…

Maria Bartiromo is one of a very few mainstream journalists with knowledge of the deepest weeds of ‘spygate’ and the multiple intelligence operations to manipulate the 2016 election against candidate Trump, and then run operations to remove President Trump.
In an extensive interview with HPSCI ranking member Devin Nunes, Maria Bartiromo asks the ultimate question: “who was the mastermind” behind all of these intelligence operations?


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Released FOIA documents into the special counsel team of Robert Mueller revealed the  remarkable trail of the 2017 entrapment scheme conducted by prosecutor Andrew Weissmann to target George Papadopoulos.
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65 Days and Counting…

On May 23rd, 2019, President Donald Trump gave U.S. Attorney General Bill Barr full authority to review and release all of the classified material hidden by the DOJ and FBI.

Sixty-five days ago….

It has been 65 days since President Trump empowered AG Bill Barr to release the original authorizing scope of the Mueller investigation on May 17, 2017. A Mueller investigation now being debated and testified to in congress, and yet we are not allowed to know what the authorizing scope was…. Nor the 2nd DOJ scope memo of August 2nd, 2017… Nor the 3rd DOJ scope memo of October 20th, 2017.

…Every minute spent outraged at what Muller did yesterday, is one minute less that Bill Barr is being held accountable for what he is not doing today…

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Comey Memo Update: DOJ Requests More Time to Respond – More Effort to Block Release…

In our opinion the content of the diary by former FBI Director James Comey, as outlined in what has formally been called “The Comey Memos”, is devastating to the U.S. Department of Justice and FBI.   How do we know? Because the FBI is fighting like hell to keep even descriptions of the memo(s) content from becoming public.
Here’s something you don’t see CTH say every day…. We’re on the side of CNN !

Rather complex backstory with citations HERE and HERE and HERE and HERE.

In the background of what was The Mueller Investigation, there was a FOIA case where the FBI was fighting to stop the release of the Comey memos.
Within that courtroom fight Mueller’s lead FBI agent David Archey wrote a series of declarations to the court describing the content of the memos and arguing why they should be kept classified.
The FOIA fight shifted.
The plaintiff, CNN, argued for public release of the content of the FBI agent’s descriptions, now known as the “Archey Declarations”.
Hat Tip Techno Fog for the latest court filing update.  As you can see from the filing graphic, the DOJ is requesting more time to file a response to a motion that would force them to release the “Archey Declarations” [detailed explanations of what’s inside the Comey Memos].
After a lengthy back-and-forth legal contest, on June 7th Judge James E Boasberg agreed to allow the FBI to keep the Comey memo content hidden, but instructed the DOJ/FBI to release the content of the Archey Declarations.
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IMPORTANT – Video Confirms Butowsky Lawsuit Claim: Julian Assange Told Ellen Ratner DNC Emails Received From Seth Rich – Not a Russian Hack…

A lawsuit filed a week ago by Businessman Ed Butowsky, alleged that Wikileaks founder Julian Assange told Fox News analyst Ellen Ratner the DNC leaked emails were received from Seth Rich and his brother Aaron. [Full Backstory Here]
Due to the scale of ramification, there was some valid skepticism about the Butowsky assertion.  However, recently unearthed footage from Ellen Ratner talking about her visit with Assange in November of 2016 seems to validate what the Butowsky’s lawsuit alleges.
In the video [Full Video Here] taken during a November 9th, 2016, Embry Riddle University symposium, Fox News analyst Ellen Ratner, representing the left, and former Congressman now Fox political analyst John Leboutillier, from the right, discussed the aftermath of the 2016 presidential election.  WATCH EXCERPT:

The excerpt is taken from 01:01:00 of the FULL VIDEO HERE

[h/t Michael Sheridan for the excerpt]  The date of the Ratner symposium November 9, 2016, aligns with the time-frame of Ratner’s travel and meeting with Assange as outlined by Butowsky in his lawsuit.   As noted Mrs. Ratner confirms that she did meet with Wikileaks founder Julian Assange, and that he did in fact tell her the leaked DNC emails came from inside the DNC.  It was not a Russian hack.
Hopefully this will spur the DOJ under Attorney General Bill Barr to launch an inquiry which must obviously start with the questioning of Ratner.
Accepting some enhanced credibility now exists, the details contained within the lawsuit filing (full pdf below) are stunning.
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Bizarre Status of Flynn Partner Trial – FARA Prosecution in Tenuous Disposition…

The status of the Eastern District of Virginia case against former partner of Michael Flynn, Bijan Rafiekian is bizarre.
Apparently U.S. Attorney General Bill Barr has not engaged into this case, and the current status is a mess.
The head-scratching FARA case was tenuous from the outset as the prosecution was arguing a rather odd legal interpretation of FARA statutes; and now the DOJ could be handed a dismissal, even if the jury returns a guilty verdict.
Yes, when you stretch legal interpretation beyond evidence, it’s a mess.
The current arguments surround jury instructions where the DOJ is requesting their earlier claims of Rafiekian as an “agent of a foreign government” be dropped (because there is no evidence); and simultaneously arguing that Rafiekian didn’t have to break the law surrounding FARA in order to be found guilty of breaking the DOJ interpretation of the law surrounding FARA.   Confused?  You should be. The judge is too:…

(Source legal motion h/t Techno Fog)

Despite an earlier filing, the DOJ prosecutor never did call Michael Flynn Jr as a witness, nor Michael Flynn himself.  Additionally, after the prosecution finished their presentation, the defense informed Judge Anthony Trenga (in oral arguments) they also have no intention of calling Michael Flynn.
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Devin Nunes Has a Warning for AG Bill Barr: Without Prosecutions None "will trust the FBI or DOJ for generations"…

HPSCI ranking member Devin Nunes has a deliberate warning to U.S. Attorney Bill Barr, and the Department of Justice should take it very seriously.

In a 30 minute podcast interview last week [Listen Here] Representative Nunes rightly warns of massive political consequences if Justice Department officials don’t face jail time for their conduct during the Russia investigation.  I strongly urge everyone to listen to the podcast.

[Podcast Interview Here]

Via Fox News – […] According to Nunes, the Russia investigation was an “obstruction of justice trap,” that started without evidence of collusion and ended in an “awful situation” that could only be fixed by jailing the people who “perpetuated this hoax.”

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