June 10, 2016 – Cheryl Mills Immunity Agreement with assurances the DOJ will produce omitted terms

In Email/Dossier/Govt Corruption Investigations by Katie Weddington

“The American Center for Law and Justice (ACLJ), has just obtained previously unreleased documents related to the Clinton investigation and immunity agreements given to top Clinton aids by the Obama DOJ.

At the ACLJ we have been busy litigating multiple Freedom of Information Act (FOIA) lawsuits against the Deep State and Obama-era holdovers in various agencies in Washington, D.C.

In one of those FOIA lawsuits, the ACLJ took the Department of Justice (DOJ) and Federal Bureau of Investigations (FBI) to court to force production of various records surrounding former FBI Director James Comey’s sham investigation of Hillary Clinton’s use of private email servers and mishandling of classified information.

After months of litigation, the ACLJ’s diligence and persistence is paying off.

Heather Samuelson (l) and Cheryl Mills (Credit: YouTube)

The ACLJ has obtained the DOJ’s infamous immunity agreements with Hillary Clinton’s top aides Cheryl Mills and Heather Samuelson – documents previously unreleased to the public.

These documents were directly responsive to a FOIA request the ACLJ had submitted to the DOJ and FBI awhile back, and we were forced to file a federal lawsuit in Washington, D.C., to get them.  Our FOIA request sought:

All records concerning the immunity agreements entered into between the Department of Justice (DOJ) and witnesses and/or subjects of the FBI’s Clinton investigation, including but not limited to Cheryl Mills and Heather Samuelson, and all other such agreements whereby the DOJ agreed to destroy any records retrieved.

Forced to comply under the court’s supervision in our lawsuit, in March 2019, DOJ produced to the ACLJ a set of records which the FBI had sent to the DOJ “for processing and direct response to you [the ACLJ].”  These records consisted of the immunity agreements reached between the DOJ National Security Division (NSD) and both Cheryl Mills and Heather Samuelson. According to the DOJ’s immunity agreement with Mills:

As we have advised you, we consider Cheryl Mills to be a witness based on the information gathered to date in this investigation. We understand that Cheryl Mills is willing to voluntarily provide the Mills Laptop to the Federal Bureau of Investigation, if the United States agrees not to use any information directly obtained from the Mills Laptop in any prosecution of Cheryl Mills for the mishandling of classified information and/or the removal or destruction of records as described below.

And, according to the immunity agreement:

To that end, it is hereby agreed. as follows:

  1. That, subject to the terms of consent set forth in a separate letter to the Department of Justice dated June 10, 2016, Cheryl Mills will voluntarily produce the Mills Laptop to the Federal Bureau of Investigation for its review and analysis.
  2. That no information directly obtained from the Mills Laptop will be used against your client in any prosecution under 18 U.S.C. § 793(e) and/or (f); 18 U.S.C. § 1924; and/or 18 U.S.C. § 2071.
  3. That no other promises, agreements, or understandings exist between the parties except as set forth in this agreement, and no modification of this agreement shall have effect unless executed in writing by the parties.

The agreement was then executed by Cheryl Mills.

The immunity agreement with Samuelson reads the same.

Importantly, in item #1 of both the Mills and Samuelson immunity agreements we obtained, the DOJ NSD referenced and incorporated the terms of a “separate letter” of the same date (June 10, 2016) containing the “terms of consent” to which the FBI/DOJ agreed to comply.

We are pleased to report that, as a result of our continued negotiations and efforts in this case, we have now secured assurances that the DOJ will produce to us those two separate letters the DOJ has thus far withheld from production.

These documents are especially relevant given “the thousands of pages of testimony” released by congressional committees in the past few months “about how the bureau handled the probe into Clinton’s use of a private server to send classified government emails” – and the recent headlines that testimony is generating. Portions of that testimony reveal “the intricate role of the DOJ in attempting to limit the FBI’s ability to gain access to laptops belonging to two Clinton confidants Cheryl Mills and Heather Samuelson.”

The documents we received, and the ones we have now secured an agreement to receive, confirm our earlier report – more than a year ago – that, based on the Senate Judiciary Committee’s investigation and interviews:

The DOJ entered into “highly unusual” immunity agreements with key witnesses in the investigation, including Cheryl Mills (Clinton’s top aide) and Heather Samuelson (the aide tasked with going through the Clinton emails and deciding which should be made public and which deleted). It is reported that Mills and Samuelson agreed to allow the agency access to their computers in exchange for immunity – i.e. DOJ’s assurances that the findings of those searches would not be used against them.

(Read more: ACLJ.org, 5/14/2019)