American Center for Law and Justice (ACLJ)
January 3, 2017 – Jay Sekulow: Obama administration’s anti-Trump actions revealed in newly disclosed documents
“In March 2017 CTH first highlighted statements by Evelyn Farkas that described a coordinated effort from within the Obama administration to push political opposition research, gathered by the intelligence community, into the media.
Jay Sekulow now discovers documents that highlight the Obama administration’s efforts in their last days in office. This effort backstops Farkas’s earlier statements. First, from Sekulow:
(Via Fox Op-ed) – Stunning new information just released by the American Center for Law and Justice (ACLJ) shows that the Obama administration stepped up efforts – just days before President Trump took office – to undermine Trump and his administration.
The ACLJ, where I serve as chief counsel, has obtained records that show the Office of the Director of National Intelligence, under Director James Clapper, eagerly pushed to get new procedures as part of an anti-Trump effort. The procedures increased access to raw signals intelligence before the conclusion of the Obama administration, just days before President Trump was inaugurated.
By greatly expanding access to classified information by unelected, unaccountable bureaucrats, the Obama administration paved the way for a shadow government to leak classified information – endangering our national security and severely jeopardizing the integrity and reputation of our critical national security apparatus – in an attempt to undermine President Trump.
The documents confirmed what we suspected: the Office of the Director of National Intelligence rushed to get the new “procedures signed by the Attorney General before the conclusion of this administration,” referring to the Obama administration.
The documents also reveal that Robert Litt, who worked in the Office of the Director of National Intelligence, told the Office of the Undersecretary of Defense’s Director of Intelligence Strategy, Policy, & Integration: “Really want to get this done … and so does the Boss.” Presumably “the Boss” is a reference to Director Clapper.
And documents the ACLJ received that were produced by the National Security Agency show that NSA officials discussed that they “could have a signature from the AG as early as this week, certainly prior to the 20th of Jan.” In other words, certainly before President Trump’s inauguration. (more from Sekulow)
Overlay Sekulow’s January 2017 documents with the statements from Evelyn Farkas and a clear picture emerges. Here’s Farkas from March 28, 2017:
[TRANSCRIPT] “I was urging my former colleagues, and, and frankly speaking the people on the Hill [Democrat politicians], it was more actually aimed at telling the Hill people, get as much information as you can – get as much intelligence as you can – before President Obama leaves the administration.”
“Because I had a fear that somehow that information would disappear with the senior [Obama] people who left; so it would be hidden away in the bureaucracy, um, that the Trump folks – if they found out HOW we knew what we knew about their, the Trump staff, dealing with Russians – that they would try to compromise those sources and methods; meaning we no longer have access to that intelligence.”
“So I became very worried because not enough was coming out into the open and I knew that there was more. We have very good intelligence on Russia; so then I had talked to some of my former colleagues and I knew that they were also trying to help get information to [Democrat politicians].”
With the help of MSNBC, simultaneous to her admission of first-hand specific knowledge of the administration spying on candidate and president-elect Trump, Ms. Evelyn Farkas outed herself as the key source for a March 2017 New York Times report which discussed President Obama officials leaking classified information to media.
Considerable irony jumps to the forefront when you recognize, the New York Times tried on March 1st, 2017, to protect Evelyn Farkas as the source of their reporting by stating:
“More than a half-dozen current and former officials described various aspects of the effort to preserve and distribute the intelligence, and some said they were speaking to draw attention to the material and ensure proper investigation by Congress. All spoke on the condition of anonymity because they were discussing classified information, nearly all of which remains secret.” (link)
- American Center for Law and Justice (ACLJ)
- classified information
- Counterintelligence investigation
- Department of Justice
- Donald Trump
- Evelyn Farkas
- James Clapper
- January 2017
- Jay Sekulow
- Loretta Lynch
- media leaks
- Obama administration
- Office of the Director of National Intelligence (ODNI)
- political opposition research
- Robert Litt
- Signals Intelligence (SIGINT)
- Trump campaign
- weaponized intelligence
June 10, 2016 – Cheryl Mills Immunity Agreement with assurances the DOJ will produce omitted terms
“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.
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:
- 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.
- 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.
- 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.
January 1, 2016 – January 1, 2017: ‘Unmasker in Chief’ Samantha Power writes and receives anti-Trump bias in government emails
(…) “It turns out that Power — the diplomat whose authority inexplicably was used to unmask hundreds of Americans’ names in secret intelligence reports during the 2016 election — engaged in similar Trump-bashing on her official government email, according to documents unearthed by an American Center for Law and Justice lawsuit. The conservative legal group is run by Trump defense attorney Jay Sekulow.
The discovery could add a new dimension — a question of political bias — to a long-running congressional investigation into why Power’s authority was used to unmask hundreds of Americans’ names in secret National Security Agency intercepts during the election. That practice of unmasking continues to grow today.
Power’s barbs toward Trump started as early as the GOP primaries, when she used her email to connect Oskar Eustis, the artistic director at the Public Theater in New York, with oft-quoted think tank scholar Norman Ornstein, the memos show.
“Oskar, Norm will explain our political system, in a way that will fleetingly make it seem rational, though maybe not after Trump and Sanders win NH,” she wrote, predicting the future president and upstart socialist Sen. Bernie Sanders (I-Vt.) would win the esteemed New Hampshire primary.
After Trump stunned the world with his general election win over Hillary Clinton, the observations of Power and those emailing her on her official government account turned more vitriolic.
“I am discouraged and frightened. Electing a right-wing president is something, but such a morally repugnant bully!” read a Nov. 14, 2016, email to Power from a sender whose name the State Department redacted for privacy reasons. The email referred to former Trump strategist Stephen Bannon as “an avowed racist” and predicted, “The worst is coming.”
There is no evidence in the released documents that Power responded or chastised the sender for using government email for such political animosity.
But there is ample evidence she engaged in similar Trump-bashing.
In December 2016, for example, when sent a news story about Trump’s effort to communicate a new policy direction for the U.N., Power snarkily replied: “This reflects the lack of understanding of history.”
When Trump announced his intent to withdraw the U.S. from a global climate deal, Power emailed a colleague: “Lord help us all.”
And when a routine diplomatic issue with Japan arose in late November 2016, Power emailed another colleague: “It is unreal how the Trump dynamic has changed things.”
Perhaps most telling are Power’s efforts to arrange media interviews and speeches during her final days in office, clearly aiming to counter the incoming president’s agenda and fan the narrative that Trump might be dangerously soft on matters involving Russia and mercilessly hard on immigrants.” (Read more: The Hill, 6/26/2019)