To provide some context for this letter, even beyond what is stated by Senators Grassley and Johnson, it is worthwhile remembering the 300 pages of text messages between FBI Deputy Director Andrew McCabe and his DOJ lawyer Lisa Page were originally revealed in March of 2019. Catherine Herridge reported on two of those pages.
Yesterday Grassley and Johnson sent a letter [pdf here] asking FBI Director Chris Wray to stop stonewalling congressional oversight and provide the text messages. Within the letter the senators outline a few examples highlighting how McCabe and Page were coordinating FBI leaks to their media allies during a key and critical time-frame:
(source pdf – also embed below)
Those 2016 text messages were during the time when an internal argument was taking place about the need for McCabe to recuse himself from the reopening of the Clinton email investigation because he tried to bury the Weiner laptop emails for 28-days in October.
Here’s the letter from Grassley and Johnson:
Here’s the background:
Within this interview below Mr. Comey is questioned about the announcement of re-opening of the Hillary Clinton email investigation on October 28th, 2016.
In his response to why there was a delay between the FBI being notified by New York on September 28th, and waiting until October 28th, James Comey revealed a very important nugget.
The New York U.S. Attorney (SDNY) called Main Justice in DC to ask about why they were not receiving authority for a search warrant. We knew that call took place on October 21st, 2016. Now we know “why” and who New York called at DOJ HQ.
Listen closely to James Comey at 06:06 to 07:30 of the interview (prompted):
Baier: “Did you know that Andrew McCabe, your deputy, had sat on that revelation about the emails”?
Comey: “Yeah, I don’t know that, I don’t know that to be the case. I do know that New York and FBI headquarters became aware that there may be some connection between Weiner’s laptop and the Clinton investigation, weeks before it was brought to me for decision – and as I write in the book I don’t know whether they could have moved faster and why the delay”
Baier: “Was it the threat that New York Agents were going to leak that it existed really what drove you to the ‘not conceal’ part?
Comey: “I don’t think so. I think what actually drove it was the prosecutors in New York who were working the criminal case against Weiner called down to headquarters and said ‘are we getting a search warrant or not for this’? That caused, I’m sorry, Justice Department Headquarters, to then call across the street to the FBI and poke the organization; and they start to move much more quickly. I don’t know why there was, if there was slow activity, why it was slow for those first couple of weeks.”
There’s some really sketchy stuff going on in that answer. Why would SDNY need to get authorization for a search warrant from DC, if this is about Weiner’s laptop? Yes, you could argue it pertains to a tightly held Clinton investigation run out of DC but the Weiner prosecution issues shouldn’t require approval from DC.
But let’s take Comey at face-value…. So there we discover it was justice officials within SDNY (Southern District of New York) who called Main Justice (DOJ in DC) and asked about a needed search warrant for “this”, presumably Weiner’s laptop by inference. Now, let’s go look at the Page/Strzok description of what was going on.
Here are the messages from Lisa Page and Peter Strzok surrounding the original date that New York officials notified Washington DC FBI. It’s important to note the two different entities: DOJ -vs- FBI.
According to the September 28, 2016, messages from FBI Agent Peter Strzok it was the SDNY in New York telling Andrew McCabe in DC about the issue. Pay close attention to the convo:
(pdf source for all messages here)
Notice: “hundreds of thousands of emails turned over by Weiner’s attorney to SDNY”.
Pay super close attention. This is not an outcome of a New York Police Dept. raid on Anthony Weiner. This is Weiner’s attorney going to the U.S. attorney and voluntarily turning over emails. The emails were not turned over to the FBI in New York, the actual emails were turned over to the U.S. Attorney in the Southern District.
Key point here: Weiner’s attorneys turned over “emails”. Actual “emails”.
♦If the U.S. Attorney in New York has the actual physical emails on September 28th, 2016, why would they need a search warrant on October 21st, 2016? (Comey’s call explanation)
♦Why would Weiner’s attorney be handing over evidence?
Think about this carefully. I’ll get back to the importance of it later; but what I suspect is that Weiner had physical material that was his “insurance policy” against anything done to him by Hillary Clinton. Facing a criminal prosecution Weiner’s lawyer went to the U.S. Attorney and attempted to exploit/leverage the content therein on his client’s behalf.
Fast forward three weeks, and we go back to FBI in DC.
On October 21, 2016, this is the call referenced by James Comey in the Bret Baier interview. Someone from New York called “Main Justice” (the DOJ National Security Division in DC) and notified DOJ-NSD Deputy Asst. Attorney General George Toscas of the Huma Abedin/Hillary Clinton emails via the “weiner investigation”.
[I would point out again, he’s not being notified of a laptop, Toscas is notified of “emails”]
George Toscas “wanted to ensure information got to Andy“, FBI Deputy Director Andrew McCabe…. so he called FBI Agent Peter Strzok…. who told George Toscas “we know”.
Peter Strzok then tells Bill Priestap.
Of course, Deputy Director Andrew McCabe already knew about the emails since September 28th, 2016, more than three weeks earlier.
In his Bret Baier interview FBI Director James Comey says this call is about a search warrant. There is no indication the call is actually about a search warrant. [Nor would there be a need for a search warrant if the call was actually about the emails that Wiener’s attorney dropped off on 9/21].
However, that phone call kicks off an internal debate about the previously closed Clinton email investigation; and Andrew McCabe sitting on the notification from New York for over three weeks – kicks off an internal FBI discussion about McCabe needing to recuse himself.
Now it’s October 27th, 2016, James Comey chief-of-staff Jim Rybicki wants McCabe to recuse himself. But Rybicki is alone on an island. Lisa Page is furious at such a suggestion, partly because she is McCabe’s legal counsel and if McCabe is recused so too is she.
At the same time as they are debating how to handle the Huma Abedin/Hillary Clinton emails, they are leaking to the media to frame a specific narrative.
Important to note here, that at no time is there any conversation -or hint of a conversation- that anyone is reviewing the content of the emails. The discussions don’t mention a single word about content… every scintilla of conversation is about how to handle the issues of the emails themselves. Actually, there’s not a single person mentioned in thousands of text messages that applies to an actual person who is looking at any content.
Quite simply: there is a glaringly transparent lack of an “investigation”.
Within this “tight group” at FBI, as Comey puts it, there is not a single mention of a person who is sitting somewhere looking through the reported “600,000” Clinton emails that was widely reported by media. There’s absolutely ZERO evidence of anyone looking at emails or scouring through laptop data…. and FBI Agent Peter Strzok has no staff under him who he discusses assigned to such a task…. and Strzok damned sure ain’t doing it. So what gives?
Moving on – Note to readers. Click the graphics and read the notes on them too:
It’s still October 27th, 2016, the day before James Comey announces his FBI decision to re-open the Clinton investigation. Jim Rybicki still saying McCabe should be recused from input; everyone else, including FBI Legal Counsel James Baker, is disagreeing with Rybicki and siding with Lisa Page.
Meanwhile the conversation has shifted slightly to “PC”, probable cause. Read:
While Lisa Page is leaking stories to Devlin Barrett (Wall Street Journal), the internal discussion amid the “small group” is about probable cause.
The team is now saying if there was no probable cause when Comey closed the original email investigation in July 2016 (remember the very tight boundaries of review), then there’s no probable cause in October 2016 to reopen the investigation regardless of what the email content might be.
This appears to be how the “small group” or “tight team” justify doing nothing with the content received from New York. They received the emails September 28th and it’s now October 27th, and they haven’t even looked at it. Heck, they are debating if there’s even a need to look at it.
Then on October 28th, 2016, the FBI and Main Justice officials have a conference call about the entire Huma Abedin/Hillary Clinton email issue. Here’s where it gets interesting.
George Toscas and David Laufman from DOJ-NSD articulate a position that something needs to happen likely because Main Justice is concerned about the issue of FBI (McCabe) sitting on the emails for over three weeks without any feedback to SDNY (New York).
Thanks to Deputy Director McCabe, Main Justice in DC, specifically DOJ National Security Division, now looks like they are facilitating a cover-up operation being conducted by the FBI “small group”. [which is actually true, but they can’t let that be so glaringly obvious].
As a result of the Top-Tier officials conference call, Strzok is grumpy agent because his opinion appears to be insignificant. The decision is reached to announce the re-opening of the investigation. This sends Lisa Page bananas…
…In rapid response mode Lisa Page reaches out to Devlin Barrett, again to quickly shape the media coverage. Now that the world is aware of the need for a Clinton email investigation 2.0 the internal conversation returns to McCabe’s recusal.
Please note within all of the released communication, emails and texts, at no time is anyone in the FBI directing an actual investigation of the content of the Clinton emails. Every single second of every FBI effort is devoted to shaping the public perception of the need for the investigation.
The FBI group is seeding media with voluminous leaks; every media outlet is being scoured and watched; every article is being read; and the entire apparatus of the FBI small group are shaping coverage by contacting their leak outlets.