Comey Memo FOIA Update: CNN Files Motion Demanding Immediate Production – DOJ Says 60 Days…


Just a quick update in the ongoing court battle for the Comey Memos and Archey Declarations.  [Background Here]  CNN has filed a motion for immediate production (full pdf below)

Two days ago Judge James Boasberg ruled the DOJ and FBI must turn over the mostly unredacted Comey Memos and fully unredacted Archey Declarations to CNN and the media groups represented within the FOIA lawsuit.

However, in a response to CNN dated yesterday, August 13th, the DOJ stated they intend to utilize the full 60-day appellate window before producing the memos and declarations:

(Source – Exhibit inside motion)

It looks to me like the DOJ/FBI is implying they will produce the material in 60 days, and not sooner.  In response to that email today CNN has filed a motion requesting intervention by Judge Boasberg, and demanding immediate production:

.

There is a possibility the DOJ is delaying production because they want to wait until after the Inspector General report is made public.  Strategically, that might make sense.

[Backstory for those unfamilar] In the background of what was The Mueller Investigation, there was a FOIA case where the FBI was fighting to stop the release of the Comey memos.  Within that courtroom fight Mueller’s lead FBI agent David Archey wrote a series of declarations to the court describing the content of the memos and arguing why they should be kept classified.

The FOIA fight shifted; and the plaintiff, CNN, argued for public release of the content of the FBI agent’s descriptions, now known as the “Archey Declarations”.

After a lengthy back-and-forth legal contest, on June 7th Judge James E Boasberg agreed to allow the FBI to keep the Comey memo content hidden, but instructed the DOJ/FBI to release the content of the Archey Declarations.  On August 2nd the DOJ/FBI changed their position and claimed national security, “sources and methods” would be compromised by the release of the Archey Declarations.

On August 12th Judge Boasberg completely rejected the DOJ and FBI argument.

The issue at hand is tangentially related to the current Inspector General carve-out report, through the aspect of the Comey Memos.  We are currently anticipating a report from the OIG related to former FBI Director James Comey, his writing of the memos, and the leaking of some of those memos to the media via his friend Daniel Richman.  {LINK}

No-one knows the number of memos that James Comey has written.  [We may get that answer in the IG report.]  There are nine memos written by James Comey surrounding contact and conversations with President-elect and then President Trump (2016/2017).

However, based on the court declarations by Mueller’s former lead FBI investigator David Archey, it sounds like there are many more memos than anyone currently understands; including memos about the investigation of candidate Trump, that were written during the “Crossfire Hurricane” investigation 2016 and 2017, that describe investigative details, sources, operations and code-names of intelligence assets used in the investigation.

The Comey memos are not just about his contact with Donald Trump as a candidate, president-elect or president.   The media keeps downplaying the memos as a few notes taken by the former FBI director, but all of the background information suggest the assembled writing is something more akin to a personal diary.

My strongly researched suspicion is that James Comey kept detailed private notes of what was happening during the operation(s) against Donald Trump and his campaign team, both during the campaign and after the election when President Trump took office.  Just take a look at how David Archey described the content and you can see those notes, now called memos, were in addition to FD 302 reports being filed by FBI officials.

Why James Comey would keep detailed notes beyond what was being officially recorded in the FBI 302 reports is likely a question to be answered within the pending inspector general report.   There’s a lot of sketchy non-transparent stuff going on amid all of this….

This is an example of redacted information in the Archey Declarations that Judge Boasberg had ruled must be released with the redactions removed.  This is what the DOJ and FBI are working to stop, stall and delay from being released to the public:

(Source Link)

 

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