The DCNF Files Lawsuit To Disclose Comey And Obama
Meetings
The Daily Caller News Foundation and the watchdog group Judicial Watch filed a lawsuit in federal
court Wednesday seeking records to determine the actual number of times and reasons former
FBI Director James Comey met with then-President Barack Obama.
The request by the two organizations was filed because the former FBI director claimed he
rarely met with Obama, and he was an independent and nonpartisan leader of the nation's top
law enforcement agency.
The parties filed the lawsuit Wednesday in the U.S. District Court for the District of
Columbia.
Comey's impartiality about his relationship with Obama was sharply called into question
by the Senate Committee on the Judiciary when its chairman, Iowa Republican Sen. Chuck Grassley,
uncovered a private, undisclosed meeting Comey held with Obama on Jan. 5, 2017, two weeks
before Trump's inauguration.
TheDCNF requested, "records that identify and describe all meetings between former FBI
Director James Comey and President Barack Obama," in its Freedom of Information Act
request before the FBI, which it filed Feb. 19.
On May 22, the conservative watchdog group Judicial Watch sought records for a broader
set of Comey meetings including Obama, Vice President Joe Biden and top political figures.
Its request included records "written or ordered written by FBI Director James Comey
summarizing his conversations with any of the following individuals: Barack Obama, Joe
Biden, Hillary Clinton, Senator Chuck Schumer, Representative Nancy Pelosi, and Senator John
McCain."
Their timeframe for its request was between Sept. 4, 2013 and May 9, 2017.
Comey has carefully parsed his words about his interactions with Obama.
In his June 8, 2017, testimony before the Senate Select Committee on Intelligence he
suggested his firsthand meetings with the Democratic president were rare.
He claimed he only spoke with Obama twice, once in 2015 and another "to say goodbye
in late 2016," according the former FBI director's testimony.
"As FBI director, I interacted with President Obama.
I spoke only twice in three years," he said.
"I spoke alone with President Obama twice in person (and never on the phone) – once
in 2015 to discuss law enforcement policy issues and a second time, briefly, for him
to say goodbye in late 2016," Comey's opening statement to the Senate Intelligence
Committee read.
Grassley along with South Carolina GOP Sen. Lindsey Graham, who is a Judiciary subcommittee
chairman, discovered through the National Archives that Obama met with Comey on Jan.
5, 2017, two weeks before Trump's inauguration.
Susan Rice, Obama's national security adviser, recorded the meeting in an email around 12
p.m on Inauguration Day.
She addressed the email to herself.
"President Obama had a brief follow-on conversation with FBI Director Comey and Deputy Attorney
General Sally Yates in the Oval Office," Rice stated.
In a Feb. 8, 2017, letter to Rice, Grassley and Graham wrote, "It strikes us as odd
that, among your activities in the final moments on the final day of the Obama administration,
you would feel the need to send yourself such an unusual email purporting to document a
conversation involving President Obama and his interactions with the FBI regarding the
Trump/Russia investigation."
Biden and Yates joined Rice and Obama in the meeting.
By failing to inform the Congress about the Jan. 5 meeting, Comey may have deliberately
misled Congress about his interactions with the former president.
Comey has carefully groomed his image as a nonpolitical arbiter, but his reputation for
fairness came under heated attack during the 2016 presidential election when he recommended
no charges against Democratic candidate Hillary Clinton over her use of a private email server
for official government business, in a July 5, 2016, press conference.
Comey called it "extremely careless" but not a crime.
He later infuriated Democrats when he reopened the investigation 11 days before the election.
Comey also wrote the public statement exonerating Clinton in May 2016, well before the FBI ended
its investigation, causing an uproar in Congress.
FBI Agent Peter Strzok, who edited the early drafts of Comey's July speech, replaced
the original phrase "grossly negligent" — a term that has criminal implications
— with the phrase "extremely careless," which is not a violation of law.
Strzok later joined special counsel Robert Mueller's investigation of Russian interference
in the 2016 presidential election.
Mueller removed from him from the team after uncovering texts that showed he and FBI attorney
Lisa Page carried on an extramarital affair, held viciously anti-Trump attitudes and favored
Clinton.
Moreover, Comey permitted Cheryl Mills, a long-time Clinton confidant who herself was
a witness or subject of the FBI email investigation, to sit in on the FBI's formal interview
of the presidential candidate.
Comey also agreed with Strzok's recommendation not to charge Mills and Clinton aide Huma
Abedin with providing false statements under oath to FBI agents.
The two claimed they did not know Clinton was using a private server while she was secretary
of state but emails later showed they were aware of Clinton's arrangement.
Deputy Attorney General Rod Rosenstein recommended Trump fire Comey for usurping the role normally
left to prosecutors at the Department of Justice, in a July 5 press conference.
He accused Comey of attempting to "usurp the attorney general's authority" by publicly
announcing why the FBI's case should be closed.
"Compounding the error, the director ignored another longstanding principle: We do not
hold press conferences to release derogatory information about the subject of a declined
criminal investigation," Rosenstein argued in his memo.
"We should reject the departure and return to the traditions (of the bureau)," Rosenstein
wrote.
"The way the director handled the conclusion of the email investigation was wrong.
As a result, the FBI is unlikely to regain public and congressional trust until it has
a director who understands the gravity of the mistakes and pledges never to repeat them."
"It is essential that we find new leadership for the FBI that restores public trust and
confidence in its vital law enforcement mission," Trump told Comey in a letter firing him.
The FBI has not produced any records of Comey's meetings, well beyond the 20-day deadline
for FOIA responses.
Both groups are asking the court to produce the records by a certain date and enjoin the
FBI from "continuing to withhold any and all non-exempt records responsive to Plaintiffs'
FOIA requests."
In filing the lawsuit, Neil Patel, TheDCNF co-founder and president said, "The growing
evidence of a 'protect our own' mindset at DOJ is beyond troubling.
That's not how America is supposed to work.
The information we have requested is fully in line with the terms of the freedom of information
statute, and we are thankful that Judicial Watch is helping us force the release of these
basic facts."
Judicial Watch president Tom Fitton said, "Judicial Watch and The Daily Caller News
Foundation are being stonewalled on key documents that could break open this scandal, which
is why we are now in federal court to try to get the truth and accountability."
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