subpoena

October 24, 2018 – Mueller appears to be locked in a dispute with a mystery grand jury witness, but much of the case is sealed

Robert Mueller (Credit: Andrew Burton/Getty Images)

“Special counsel Robert Mueller appears to be locked in a dispute with a mystery grand jury witness resisting giving up information sought in the ongoing probe into alleged Trump campaign collusion with Russia.

It’s unclear exactly what the two sides are fighting over, but the case appears to resemble a separate legal battle involving an associate of Trump ally Roger Stone, Andrew Miller, who is fighting a Mueller subpoena. Miller’s lawyers are using the case, slated to be argued at the D.C. Circuit Court of Appeals early next month, to mount a broad legal assault on Mueller’s authority as special counsel.

In the more shadowy case, which involves an unknown person summoned before a grand jury this summer, the D.C. Circuit on Monday set a separate round of arguments for Dec. 14.

The case traveled in recent months from U.S. District Court Chief Judge Beryl Howell to the U.S. Court of Appeals for the D.C. Circuit, back down to Howell and back up again to the appeals court with most details shrouded in secrecy, another indication that much of Mueller’s activity is taking place behind the scenes and is rarely glimpsed by the press or public.” (Read more: Politico, 10/24/2018)

June 15, 2018 – Gowdy: GOP will hit DOJ with ‘full arsenal’ If they ignore subpoenas

Trey Gowdy (Credit: public domain)

“House Oversight Chairman Trey Gowdy warned the DOJ and the FBI on Sunday that Republicans will come after them if they choose not to comply with subpoena requests.

Gowdy told “Fox News Sunday” that House Speaker Paul Ryan led a meeting with FBI and DOJ officials on Friday night and “made very clear there’s going to be action on the floor of the House this week if FBI and DOJ do not comply with our subpoena request.”

“Paul Ryan led this meeting. You had Devin Nunes, Bob Goodlatte, myself and everyone you can think of from the FBI and the DOJ, and we went item by item on both of those outstanding subpoenas,” Gowdy explained. “We’re going to get compliance or the House of Representatives is going to use its full arsenal of constitutional weapons to gain compliance.”

Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray were present at Ryan’s meeting, according to Gowdy. (Read more: Daily Caller, 6/17/2018)

May 2018 – WikiLeaks veteran flips on Assange for immunity

David House (Credit: Elise Amendola)

“A WikiLeaks volunteer and friend of Chelsea Manning agreed to cooperate with the US Justice Department and appear in front of an Alexandria, VA grand jury in exchange for immunity [in May 2018], reports the Daily Beast.

“I decided to cooperate in exchange for immunity,” said David House – a computer science graduate and political activist who previously refused to testify against Julian Assange in 2011, only to be subpoenaed last May for an encore appearance in front of a grand jury that’s been investigating the WikiLeaks founder for almost nine years.

“You know, I’m walking around on the street out here. I’m not in an embassy,” he added.

House spoke briefly with prosecutors and then testified for about 90 minutes in front of the grand jury, he said. “They wanted to know about my meetings with Assange, they wanted to know broadly about what we talked about,” he recalled. Prosecutors seemed particularly interested in the potential for collateral damage in some of Assange’s leaks. The identities of some American collaborators were exposed in Assange’s release of State Department cables and Army field reports from Afghanistan, which triggered internal debate and led to the departure of some of WikiLeaks’ key staffers early on. –Daily Beast

“They showed me chat logs in which I was arguing vehemently with him about releasing documents that would leave people vulnerable and put people’s lives at risk,” said House. “That was the only thing they put in front of my face that made me think, ‘This may be what they’re going after him for.’”

Chelsea Manning, meanwhile has refused to comply with a March 5 subpoena in the same case – making good on a vow to fight the subpoena in court.

“I am not going to contribute to a process that I feel is dangerous and could potentially place me in a position where I am forced to backtrack on the truth,” Manning told the New York Times.” (Read more: Zero Hedge, 3/02/2019)

October 20, 2017 – Court filings reveal Fusion GPS made payments to three reporters

“Newly filed court documents confirm that Fusion GPS, the company mostly responsible for the controversial “Trump dossier” on presidential candidate Donald Trump, made payments to three journalists between June 2016 until February 2017.

The revelation could be a breakthrough for House Republicans, who are exploring whether Fusion GPS used the dossier, which was later criticized for having inaccurate information on Trump, to feed anti-Trump stories to the press during and after the presidential campaign. The three journalists who were paid by Fusion GPS are known to have reported on “Russia issues relevant to [the committee’s] investigation,” the House Intelligence Committee said in a court filing.

But the recipients’ names, the amounts, and purposes of those payments were either redacted from the documents that Fusion GPS filed to the U.S. District Court for the District of Columbia or were not disclosed.”

(…) “Fusion GPS didn’t deny that some payments went to reporters, but argues that these payments were made to help the company with research.

“Fusion GPS is a research firm set up by former investigative journalists,” Fusion GPS’s lawyer, Josh Levy, said in a statement to the Washington Examiner. “As such, it sometimes works with contractors that have specialized skills seeking public information. Contractors are not permitted to publish any articles based on that work, and Fusion GPS does not pay journalists to write stories.”

(…) “But House Republicans still have their doubts. One of the documents filed by lawyers for the House Intelligence Committee said each of the three reporters who received payments had written about the Russia probe, which could indicate that reporters were using Fusion GPS’s work to write their stories.

“Additionally, the Committee seeks transactions related to three individual journalists, [names redacted], each of whom have reported on and/or been quoted in articles regarding topics related to the Committee’s investigation, some of which were published as recently as October 2017,” the committee wrote.

Additionally, a filing by lawyers for the House Intelligence Committee asserts that Fusion GPS “brokered meetings for dossier author Christopher Steele with at least five major media outlets in September 2016, including Yahoo news.” (Read more: Washington Examiner, 11/21/2017) (Nunes Document, 10/20/2017)

It is revealed that the FBI and Justice Department agreed not to have grand jury subpoenas for the Clinton email investigation, arguing that would lead to a faster conclusion.

CNN reports, “During the Clinton email server investigation, investigators and prosecutors debated whether to issue subpoenas to Clinton’s aides, officials say. Leaders at the FBI and at the Justice Department thought it would be faster to come to voluntary agreements with aides. Subpoenas could cause delays, particularly if litigation is necessary, officials said. And the FBI and Justice Department wanted to try to complete the probe and get out of the way of the 2016 election.”

Presumably this meant it was agreed not to get Justice Department approval to empanel a grand jury, because an FBI investigation cannot issue subpoenas without the legal authority of a grand jury.  (CNN, 11/2/2016)

Two days earlier, Senator Charles Grassley (R) sent FBI Director James Comey a letter asking for an official answer regarding this issue. Comey hinted in September 2016 that he didn’t seek a grand jury in the interest of quickly concluding the investigation.

A senator wants to know if the FBI ever asked for subpoena power in the Clinton email investigation, and if not, why not.

Senator Charles Grassley (Credit: Brendan Smialowski / Agence France Press / Getty Images)

Senator Charles Grassley (Credit: Brendan Smialowski / Agence France Press / Getty Images)

Following the October 28, 2016 revelation that FBI Director James Comey has at least partially reopened the FBI’s Clinton email investigation, Senator Charles Grassley (R), chair of the Senate Judiciary Committee, sends him a letter with a series of questions.

He points that in May 2016, “I wrote to you expressing concern about the appearance that political appointees at the Justice Department might be withholding approval for the FBI to seek search warrants and grand jury subpoenas. These standard investigative tools are usually approved in criminal investigations of this scope and importance. However, it remains unclear to this day whether the FBI requested the use of a grand jury in the Clinton email investigation to compel documents and testimony, and if so, whether the [Justice Department] denied that request. These concerns are only magnified by these latest developments [regarding the reopening of the investigation].”

He adds, “If the FBI is denied the ability to gather evidence through compulsory means, Secretary Clinton and her aides have enormous leverage to negotiate extraordinary concessions in exchange for voluntary cooperation. It is critical for the public to know whether the FBI has requested from the Justice Department vital investigative tools such as grand jury subpoenas and search warrants and whether it has been denied access to them.” (Politico, 11/1/2016) (US Congress, 10/31/2016)

Two days later, it will be reported that the FBI never asked the Justice Department for the grand jury legal backing needed for subpoena power, but this has not been officially confirmed.

On September 28, 2016, Comey hinted that he preferred making immunity deals with key witnesses over using subpoena power in order to bring the investigation to a faster conclusion.

Rudy Giuliani seemingly predicts Comey’s bombshell reopening of the Clinton email investigation, leading to calls he should be investigated for taking part in leaks.

Rudy Giuliani appears on Fox News, on November 4, 2016. (Credit: Fox News)

Rudy Giuliani says in a Fox News interview that Republican presidential nominee Donald Trump had “a surprise or two that you’re going to hear about in the next two days. I’m talking about some pretty big surprise.”

Pressed for specifics, he says he’s “got a couple of things up our sleeve that should turn this thing around.” Giuliani is a former US attorney, former mayor of New York City, and a frequent media surrogate for the Trump campaign. (Real Clear Politics, 10/25/2016)

Three days after his comments, FBI Director James Comey will send a letter to Congress announcing that the FBI’s Clinton email investigation is being at least partially reopened, due to the discovery of new evidence.

As a result of this sequence of events, Democratic Representatives Elijah Cummings and John Conyers will call for an investigation into a possible leak of confidential information to Giuliani.

Megyn Kelly (Credit: Fox News)

On November 4, 2016, Fox News journalist Megyn Kelly will ask Giuliani about this controversy. He will say, “You can investigate me. I spoke to no current FBI agents ever in the last ten months. I’ve had no communication with them.” He says he has spoken to many former FBI agents though, but he was only told they were “in revolt” since July 2016 when Comey announced he wasn’t going to recommend the indictment of Clinton.

Giuliani will claim he was talking about Trump’s planned television advertising over the weekend.

Kelly will comment, “That would have been kind of lame. You should have been glad that something bigger came out to not make a liar out of you.”

He will then say, “I had no idea that Jim Comey was going to do what he did. Not the slightest idea.” (Fox News, 11/4/2016)

On a different interview the same day, with Fox News journalist Brian Kilmeade, Giuliani will say, “All I heard were former FBI agents telling me that there’s revolution going on inside the FBI and it’s now at a boiling point…”

Kilmeade will interrupt, “So you had a general idea that something was coming.”

Giuliani will respond, “I had expected this for the last, honestly to tell you the truth, I thought it was going to be about three or four weeks ago, because back, way back in July [2016] this started, they kept getting stymied looking for subpoenas, looking for records.”

The Washington Post will comment, “The answer suggests Giuliani is claiming to have known not of the development in the Clinton email case, but of [general FBI agent] frustration over the Clinton Foundation matter.” (The Washington Post, 11/4/2016)

The FBI Agents Association Logo (Credit: public domain)

The FBI Agents Association Logo (Credit: public domain)

However, in contradiction to Giuliani’s claim “I spoke to no current FBI agents ever in the last ten months,” on October 28, 2016, hours after Comey’s letter is made public, Giuliani will say in a radio interview,  “The other rumor that I get is that there’s a kind of revolution going on inside the FBI about the original conclusion [not to charge Clinton] being completely unjustified and almost a slap in the face to the FBI’s integrity. I know that from former agents. I know that even from a few active agents.”

The Daily Beast will note that Giuliani “spent decades of his life as a federal prosecutor and then mayor working closely with the FBI, and especially its New York office. One of Giuliani’s security firms employed a former head of the New York FBI office, and other alumni of it.” Furthermore, his former law firm has long been general counsel to the FBI Agents Association (FBIAA), which represents 13,000 former and current agents. (The Daily Beast, 11/2/2016)

Trump criticizes Clinton for her email scandal in the second presidential debate.

During the second general election presidential debate between Donald Trump and Hillary Clinton, in St. Louis, Missouri, Clinton is asked by debate host Martha Raddatz, “You disagreed with FBI Director James Comey, [who called] your handling of classified information, quote, ‘extremely careless.’ The FBI said that there were 110 classified emails that were exchanged, eight of which were top secret, and that it was possible hostile actors did gain access to those emails. You don’t call that extremely careless?”

Clinton at the presidential debate in St. Louis, Missouri on October 9, 2016. (Credit: CNN)

Clinton at the presidential debate on October 9, 2016. (Credit: CNN)

Clinton gives a long answer that includes the comment, “It was a mistake, and I take responsibility. I’m very committed to taking classified information seriously. And as I said, there is no evidence that any classified information ended up in the wrong hands.”

Trump reponds: “And yet, she didn’t know the letter ‘C’ on a document? She’s lying. Do you think it was fine to delete 33,000 emails? I don’t think so. You should be ashamed of yourself. … She said the 33,000 emails had to do with her daughter’s wedding, number one, and a yoga class. Well, maybe we’ll give three or three or four or five or something. 33,000 emails deleted, and now she’s saying there wasn’t anything wrong. And more importantly, that was after getting a subpoena. That wasn’t before. That was after. She got it from the United States Congress.”

Donald Trump speaking during the presidential debate in St. Louis, Missouri on October 9, 2016. (Credit: CNN)

Donald Trump speaks during the presidential debate on October 9, 2016. (Credit: CNN)

After some more commentary, he finishes, “If you did that in the private sector, you’d be put in jail, let alone after getting a subpoena from the United States Congress.”

Clinton responds, “It’s just not true.”

“You didn’t delete them?” Trump asks.

“It was personal emails, not official.”

“Oh, 33,000?”

Clinton says, “Well, we turned over 35,000.” (Los Angeles Times, 10/10/2016)

This is the second time in the debate Trump threatens Clinton with jail regarding her emails. He also says she wouldn’t like it if he becomes president, “Because you’d be in jail.”

Note that Raddatz is wrong in saying Clinton exchanged eight individual “top secret” emails. In fact, there were eight “top secret” email chains involving Clinton which contained at least 22 mails. Also, Clinton actually turned over 30,068 emails to the State Department, not 35,000 as she says. She kept 31,830 emails which were later deleted, not 30,000 or 33,000, as Trump says. Furthermore, Trump’s “acid-washed” comment appears to be a garbled version of the fact that the computer program BleachBit was used to permanently wipe her emails. Finally, Clinton is incorrect claimng all the deleted emails were personal. In the month prior to this debate, it was reported that about 5,600 of her deleted emails were actually deemed work-related.

Clinton’s lawyer refuses to comply with part of a subpoena for some of Clinton’s server security details.

Clinton’s personal lawyer David Kendall sends a letter to House Science, Space and Technology Committee chair Representative Lamar Smith (R), complaining about a recent Congressional subpoena to the computer company SECNAP, Inc., which assisted with the security of Clinton’s private server from 2013 onwards.

David Kendall (Credit: Williams & Connolly)

David Kendall (Credit: Williams & Connolly)

Kendall writes, “The subpoena … is overbroad.  We have no objection to the production of documents related to the SECNAP security device used in connection with the server that … hosted Secretary Clinton’s emails from her tenure as secretary …. We do object, however, to the production of SECNAP documents and security information regarding security equipment that was used by CESC [Clinton Executive Security Corp.] after the prior server was provided to the FBI, and thus, never hosted Secretary Clinton’s work-related emails.”

Kendall continues, “Documents regarding this equipment are likely to contain sensitive information related to security of the current network and/or server. Because these documents are unrelated to the Committee’s investigation and contain sensitive security information, I respectfully object to the portion of the subpoena seeking their production.”

Because SECNAP was hired by CESC, a Clinton family company, they want approval from Clinton’s lawyers regarding cooperation with government authorities. (Politico, 09/23/16)

Congressional Republicans issues a subpoena to FBI Director James Comey.

Representative Lamar Smith (Credit: NYT)

Representative Lamar Smith (Credit: NYT)

Representative Lamar Smith (R), chair of the House Committee on Science, Space, and Technology, issues a subpoena to FBI Director James Comey for documents and information related to the security of former Clinton’s private email account and server. The committee requested these documents in a September 9, 2016 letter. Comey has yet to turn over any of the requested documents. The subpoena orders him to provide the documents by September 26, 2016.

Smith’s committee has jurisdiction to evaluate the “way in which Executive Branch departments and agencies and private entities can improve their cybersecurity.” (US Congress, 9/20/2016)