Jason Herring

November 6, 2016 – Peter Strzok sends an email to FBI and DoJ officials claiming no new classified Clinton emails are found on Weiner’s laptop

(…) “The lawsuit also forced the release of a November 6, 2016, email by then-FBI official Peter Strzok telling Bowdich, Priestap, Rybicki, Page, former FBI General Counsel James Baker and others: “[Redacted], Jon and I completed our review of all of the potential HRC work emails on the [Anthony Weiner] laptop. We found no previously unknown, potentially classified emails on the media.”

As Judicial Watch previously reported, there were at least 18 classified emails found on the Weiner laptop by the FBI. Paul Sperry’s RealClear Investigations report revealed that only 3,077 of the 340,000 emails “were directly reviewed for classified or incriminating information.” (Judicial Watch, 2/11/2019)

October 28, 2016 – Clinton’s personal lawyer David Kendall, emails Baker requesting a call “ASAP” about the Comey letter

Clinton attorney David Kendall (l), enters the hearing room with former Secretary of State Hillary Clinton during a House hearing of the Select Committee on Benghazi, on Thursday, October 22, 2015. (Credit: Mike Sacks/The National Law Journal)

“On October 28, 2016, the day that Comey sent a letter to Congress regarding the FBI’s discovery that the Weiner laptop contained Clinton’s emails. Hillary Clinton’s personal lawyer David Kendall, within hours, email’s Baker requesting a call “ASAP” about the Comey letter. Baker describes his follow-up call to senior FBI officials:

“I received the email below from David Kendall and I called him back. Before doing so I alerted DOJ via email that I would do that.

[Redacted paragraph]

He said that our letter was “tantalizingly ambiguous” and made statements that were “inchoate and highly ominous” such that what we had done was worse than transparency because it allows people to make whatever they want out to make out of the letter to the prejudice of Secretary Clinton.

I told him that I could not respond to his requests at this time but that I would discuss it with others and get back to him.

I suggest that we have some kind of follow up meeting or phone call with this group either this evening or over the weekend to address this and probably other issues/questions that come up in the next 24 hours. Sound reasonable?”

Baker’s heads up on the Kendall call was sent to:

The emails show that a conference call for the above senior officials was set up for the next day by Peter Strzok. (Two days before the election, on November 6, Comey sent a second letter reporting that the FBI’s review of the Weiner laptop material would not change his “conclusion” that Hillary Clinton should not be prosecuted.) (Judicial Watch, 2/11/2019)

October 13, 2016 – Lisa Page emails DoD and FBI officials regarding a quid pro quo offer from the State Department to the FBI

Judicial Watch announced today it received 215 pages of records from the U.S. Department of Justice revealing former FBI General Counsel James Baker discussed the investigation of Clinton-related emails on Anthony Weiner’s laptop with Clinton’s lawyer, David Kendall. Baker then forwarded the conversation to his FBI colleagues.

Jason Herring (Credit: You Tube clipping)

The documents also further describe a previously reported quid pro quo from the Obama State Department offering the FBI more legal attaché positions if it would downgrade a redaction in an email found during the Hillary Clinton email investigation “from classified to something else.”

On October 13, 2016, former FBI attorney Lisa Page sent an email, which apparently references a related Judicial Watch FOIA lawsuit and further discusses a previously reported quid pro quo offer from the State Department:

Jason Herring will be providing you with three 302s of current and former FBI employees who were interviewed during the course of the Clinton investigation. These 302s are scheduled to be released to Congress in an unredacted form at the end of the week, and produced (with redactions) pursuant to FOIA at the beginning of next week. As you will see, they describe a discussion about potential quid pro quo arrangement between then-DAD in IOD [deputy assistant director in International Operations Division] and an Undersecretary at the State Department whereby IOD would get more LEGAT [legal attaché] positions if the FBI could change the basis of the FOIA withhold re a Clinton email from classified to something else. [Emphasis added] (Read more: Judicial Watch, 2/11/2019)

October 12, 2016 – McCabe/Page texts reveal the FBI clash with the DOJ over potential ‘bias’ of source for surveillance warrant

(Credit: Conservative Treehouse)

“Just nine days before the FBI applied for a Foreign Intelligence Surveillance Act (FISA) warrant to surveil a top Trump campaign aide, bureau officials were battling with a senior Justice Department official who had “continued concerns” about the “possible bias” of a source pivotal to the application, according to internal text messages obtained by Fox News.

The 2016 messages, sent between former FBI lawyer Lisa Page and then-FBI Deputy Director Andrew McCabe, also reveal that bureau brass circulated at least two anti-Trump blog articles, including a Lawfare blog post sent shortly after Election Day that called Trump possibly “among the major threats to the security of the country.”

Another article, sent by Page in July 2016 as the FBI’s counterintelligence probe into Russian election interference was kicking off, flatly called Trump a “useful idiot” for Russian President Vladimir Putin. Page told McCabe that then-FBI Director James Comey had “surely” read that piece. Both articles were authored in whole or part by Benjamin Wittes, a Comey friend.

Further, the texts show that on Sept. 12, 2016, Page forwarded to McCabe some “unsolicited comments” calling then-GOP Rep. Trey Gowdy a “total d–k.” Gowdy, at the time, was grilling FBI congressional affairs director Jason Herring at a hearing on the FBI’s handling of the Clinton email investigation.

But perhaps the most significant Page-McCabe communications made plain the DOJ’s worries that the FISA application to surveil Trump aide Carter Page was based on a potentially biased source — and underscored the FBI’s desire to press on.” (Read more: Fox News, 3/22/2019)

A Congressperson serves the FBI a subpoena for all the unredacted interviews from the FBI’s Clinton investigation.

Jason Herring (Credit: CSpan)

Jason Herring (Credit: CSpan)

FBI acting legislative affairs officer Jason Herring testifies before the House Oversight and Government Reform Committee.

He is asked by Representative Jason Chaffetz (R), chair of the committee, to promise to hand over all of the FBI interview summaries, known as 302s, in unredacted form.

Herring says he can’t do that, and suggests that Chaffetz should file a Freedom of Information Act (FOIA) request, just like any private citizen can.

Committee member Representative Trey Gowdy (R) later complains, “Since when did Congress have to go through FOIA to obtain 302s?”

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz serves the FBI a subpoena during a House Oversight and Government Affairs Committee hearing on September 9, 2016. (Credit: ABC News)

Chaffetz replies to Henning, “You don’t get to decide what I get to see. I get to see it all.” Then he brings out a subpoena. He sends it to the witness table where Henning is sitting, and says, “I’ve signed this subpoena. We want all the 302s… and you are hereby served.”

In fact, Chaffetz’s committee has some of the 302s already, but all “personally identifiable information” has been redacted from them. The committee wants to know more about the role of Paul Combetta in deleting and the wiping all of Clinton’s emails from her personal server, but since Combetta is a Platte River Networks (PRN) employee and not a government employee, much information about what he did has been redacted.

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (Credit: Andrew Burton / Getty Images)

Representative Carolyn Maloney (D), a member of the committee, claims the obstacle to Chaffetz seeing the redactions actually is the House Intelligence Committee, not the FBI. Chaffetz has asked House Intelligence chair Representative Devin Nunes (R) for access to the unredacted versions, but no vote on that request has been taken or scheduled yet.

However, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, also complains about how the FBI is not letting his committee see unredacted documents from the investigation. “The FBI is trying to have it both ways. At the same time it talks about unprecedented transparency, it’s placing unprecedented hurdles in the way of Congressional oversight of unclassified law enforcement matters. It turned over documents, but with strings attached. … The Senate should not allow its controls on classified material to be manipulated to hide embarrassing material from public scrutiny, even when that material is unclassified.” (Politico, 9/12/2016)

Two other Congressional committees formally asked the Justice Department on September 9, 2016 for the full FBI interviews of Combetta and other PRN employees. (US Congress, 9/9/2016)

August 16-24, 2016 – New Strzok-Page emails reveal FBI gave special treatment to Clinton’s demands for email investigation information just before election

David Kendall, (r), sits behind Hillary Clinton during a House hearing of the Select Committee on Benghazi, on October 22, 2015. (Credit: Diego M. Radzinschi/The National Law Journal)

“Judicial Watch announced today it received 218 pages of disgraced former FBI officials Peter Strzok-Lisa Page emails which show then-FBI General Counsel James Baker instructing FBI officials to expedite the release of FBI investigative material to Hillary Clinton’s lawyer, David Kendall in August 2016. Kendall and the FBI’s top lawyer discussed specifically quickly obtaining the “302” report of the FBI/DOJ interview of Mrs. Clinton.

(…) On August 16, 2016, at 10:02 p.m. Baker emails then-Associate Deputy Director David Bowdich; Michael Steinbach, former executive assistant director for national security; former Acting Assistant Director Jason V. Herring; former FBI lawyer Lisa Page; former Principal Deputy General Counsel Trisha Anderson; Michael Kortan, FBI assistant director for public affairs, now retired; James Rybicki, former chief of staff to Comey; and others to inform them that he “just spoke” with Clinton’s lawyer Kendall, who requested documents from the FBI. Baker says he told Kendall he would “need to submit a request.” Baker tells them, “I said we would process it expeditiously.”

“I just spoke with David Kendall … I conveyed our view that in order to obtain the documents [FBI investigative material] they are seeking they need to submit a request pursuant to the Privacy Act and FOIA. I said they could submit a letter to me covering both statutes. They will send it in the morning. I said that we would process it expeditiously. David asked us to focus first on the Secretary’s 302 [FBI interview report]. I said OK. [Redacted] We will have to focus on this issue tomorrow and get the 302 out the door as soon as possible and then focus on the rest of the stuff.”

The following day, August 17, 2016, Kendall sent a FOIA/Privacy Act request on “behalf of former Secretary of State Hillary Rodham Clinton” to the FBI’s top lawyer with a request for “expeditious processing.” Baker passes this request to Bowdich, Steinbach, Herring, Page, Anderson:

In my view, we need to move as quickly as possible on this, but pursuant to David’s oral request last night, we should focus first on Secretary Clinton’s 302…. Is the end of this week out of the question for her 302?

In a follow-up email exchange, the same day, Anderson arranged for Herring, Page, former FBI Assistant Director and head of the Office of Congressional Affairs Gregory Brower, Strzok and others to “coordinate a plan for processing and releasing” Clinton’s 302, though one official reminds others that they should process the request “consistent” with other requests.

Then, in an August 21, 2016email exchange Baker tells his people that he would “alert” Kendall shortly before Clinton’s 302 was to be posted on the FBI’s FOIA Vault webpage. On September 2, 2016, the FBI announced the release of Clinton’s interview documents.

Finally, on August 24, 2016, the acting FBI FOIA unit chief said he sees “no problem” with giving Hillary’s attorney a heads up before her records were posted to the Vault.” (Read more: Judicial Watch, 6/03/2019)