lawsuit

May 22, 2019 – Conservative group files suit to force FEC to rule on whether Clinton campaign, DNC broke law to get dossier

The Federal Election Commission (FEC) is facing a lawsuit for its inaction on a complaint filed against Hillary Clinton‘s campaign and the Democratic National Committee (DNC).

The right-leaning Coolidge Reagan Foundation filed a lawsuit — obtained exclusively by IJR — on Wednesday morning in the hopes of getting a ruling that would force the FEC to address the complaint it filed on August 1, 2018.

Its original complaint with the FEC requested an investigation into Hillary for America — the official name of Clinton’s campaign — and the DNC for their role in obtaining and financing the anti-Donald Trump dossier penned by former British spy Christopher Steele.

By law, if the FEC does not rule on a filed complaint within 120 days, the party that filed the complaint has the authority to sue the commission. Almost 300 days have passed since the Coolidge Reagan Foundation filed that original complaint, and nothing has happened.

The original FEC complaint alleged that Hillary for America and the DNC breached campaign finance law by issuing a false report with the intention of misleading the American people. The complaint notes that campaign expenditure forms show that the DNC and Hillary for America paid their mutual legal advisers at Perkins Coie, LLP for “legal services,” but the law firm turned around and paid Fusion GPS for the Steele dossier.

The Coolidge Reagan Foundation argues that Hillary for America and the DNC used Perkins Coie, LLP as a “strawman” organization to distance themselves from Fusion GPS and Steele and submitted a false FEC complaint in the process:

Steele compiled the dubious and largely unverifiable information he received from foreign sources of questionable credibility into a “dossier” concerning Trump. Steele provided the dossier, through [his employer] Orbis, Fusion GPS, and Perkins Coie, to [Hillary for America] and the DNC.”

(Read more: IJR, 5/22/2019)

April 8, 2019 – Nunes files $150M lawsuit against McClatchy, alleging conspiracy to derail Clinton, Russia probes

Liz Mair (Credit: MSNBC)

“House Intelligence Committee ranking member Devin Nunes filed a $150 million lawsuit in Virginia state court against The McClatchy Company and others on Monday, alleging that one of the news agency’s reporters conspired with a political operative to derail Nunes’ oversight work into the Hillary Clinton campaign and Russian election interference.

Mackenzie Mays (Credit: Politico)

The filing, obtained by Fox News, came a day after Nunes, R-Calif., revealed he would send eight criminal referrals to the Justice Department this week concerning purported surveillance abuses by federal authorities during the Russia probe, false statements to Congress and other matters.

In March, Nunes filed a similar $250 million lawsuit alleging defamation against Twitter and one of its users, Republican consultant Liz Mair. In Monday’s complaint, Nunes again named Mair as a co-defendant, charging this time that she conspired with McClatchy reporter MacKenzie Mays to spread a variety of untruthful and misleading smears — including that Nunes “was involved with cocaine and underage prostitutes” — online and in print.” (Read more: Fox News, 4/08/2019)

September 14, 2016 – Christopher Steele provided information to longtime Clinton crony, Strobe Talbott

Hillary Clinton (L) is applauded by Brookings Institution President Strobe Talbott before she delivers remarks about the Obama administration’s national security strategy at the Brookings Institution May 27, 2010 in Washington, DC. (Credit: Chip Somodevilla/Getty Images)

“Christopher Steele, the author of the infamous anti-Trump dossier, disclosed information from his Trump-Russia investigation to a longtime Clinton crony because of his position on a State Department advisory board, according to court documents filed on Tuesday.

According to the court filing, Steele told a court in the United Kingdom on Aug. 1 that he provided Strobe Talbott, the Clinton insider, with anti-Trump research because of his position on the Foreign Affairs Policy Board, an independent advisory board set up in 2011 by then-Sec. of State Hillary Clinton.

(…) The Steele document was revealed on Tuesday in a lawsuit filed by three Russian bankers who have sued Steele in the U.K. and U.S. over the dossier. A Sept. 14, 2016 memo in the dossier alleges links between the founders of the bank, Alfa Bank, and the Kremlin. They have sued Steele and Fusion GPS for defamation.

Steele disclosed the link to Talbott in response to a series of questions posed in the U.K. ligation.

(…) Talbott also has a familial link to another dossier that was handled by Steele and Winer. Talbott’s brother-in-law is Cody Shearer, a longtime Clinton fixer who conducted a private investigation of his own into Trump during the campaign.

Shearer’s dossier contains some allegations similar to Steele’s report, including that Russians had blackmail material on Trump. Shearer passed his report to Winer through Sidney Blumenthal, another longtime Clinton insider. Winer then shared the Shearer memos with Steele, who provided them to the FBI.” (Read more: The Daily Caller, 12/11/2018)

 

Some of Clinton’s emails may remain private because of a legal precedent involving former Secretary of State Henry Kissinger.

US Secretary of State Hillary Clinton (R) and former US Secretary of State Henry Kissinger participate in "Conversations on Diplomacy, Moderated by Charlie Rose,” at the Department of State in Washington, DC, on April 20, 2011. AFP Photo/Jewel Samad (Photo credit should read JEWEL SAMAD/AFP/Getty Images)

Clinton and Henry Kissinger in Washington, DC, on April 20, 2011. (Credit: Jewel  Samad/AFP/Getty Images)

Kissinger made transcripts of some of his work-related phone calls. After he left office in January 1977, he took the only copies with him and eventually had them transferred to the Library of Congress, with tight restrictions on who could access them. A watchdog group sued for access, but the US Supreme Court ruled in a five-to-two decision that the State Department had no obligation to search for documents that had been removed, even if they had been improperly taken.

However, there is a footnote written by Justice William Rehnquist that the ruling might not apply when someone is actively trying to thwart the Freedom of Information Act (FOIA).

In two ongoing civil suits, judges have granted discovery to Judicial Watch in part to determine if Clinton or her aides had actively tried to thwart FOIA. That opens the possibility of a judge eventually ordering Clinton to hand over even the emails she deemed personal, if she still has them. (Time, 5/5/2016)

The State Department won’t reveal which Clinton aides used her private server or other non-government accounts.

Bradley Moss (Credit: public domain)

Bradley Moss (Credit: public domain)

In March 2015, the House Benghazi Committee subpoenaed records, including work-related emails from personal accounts, from ten former Clinton aides, for a two-year period surrounding the 2012 Benghazi terrorist attack. The State Department then asked those ten people for their records. It is known that four of the aides—Cheryl Mills, Huma Abedin, Jake Sullivan, and Philippe Reines—have turned over records, including from personal email accounts. However, it is not known what happened with the other six, or even who they are.

Clinton wrote in a sworn affidavit on August 6, 2015 that Abedin had an email account on Clinton’s private server and that Mills did not. Otherwise, department officials and Clinton’s staff have failed to reveal who else had an email account on Clinton’s server or even which other aides had any kind of personal email account.

The Intelligence Community inspector general’s office says it is not currently involved in any inquiry into Clinton’s former top aides because it is being denied full access to the aides’ emails by the State Department.

The media outlet Gawker is suing for access to Reines’ emails. Bradley Moss, a lawyer for Gawker, says: “I think the headline is that there’s nothing but murkiness and non-answers from the State Department. I think the State Department is figuring this out as it goes along, which is exactly why no one should be using personal email to conduct government business.”  (McClatchy Newspapers, 8/11/2015)

May 2014 – McCabe is accused of sexual discrimination, General Flynn supports the special agent who files the complaint

Robyn Gritz (Credit: public domain)

“The FBI launched a criminal probe against former Trump National Security Adviser Michael Flynn two years after the retired Army general roiled the bureau’s leadership by intervening on behalf of a decorated counterterrorism agent who accused now-Deputy FBI Director Andrew McCabe and other top officials of sexual discrimination, according to documents and interviews.

Flynn’s intervention on behalf of Supervisory Special Agent Robyn Gritz was highly unusual, and included a letter in 2014 on his official Pentagon stationary, a public interview in 2015 supporting Gritz’s case and an offer to testify on her behalf. His offer put him as a hostile witness in a case against McCabe, who was soaring through the bureau’s leadership ranks.

The FBI sought to block Flynn’s support for the agent, asking a federal administrative law judge in May 2014 to keep Flynn and others from becoming a witness in her Equal Employment Opportunity Commission (EEOC) case, memos obtained by Circa show. Two years later, the FBI opened its inquiry of Flynn.

The EEOC case, which is still pending, was serious enough to require McCabe to submit to a sworn statement to investigators, the documents show.

The deputy director’s testimony provided some of the strongest evidence in the case of possible retaliation, because he admitted the FBI opened an internal investigation into Gritz’s personal conduct after learning the agent “had filed or intended to file” a sex discrimination complaint against her supervisors. (Read more: Circa, 6/27/2017)