From the Seth Rich FOIA case.
If you know FOIA cases, a Declaration by Michael G. Seidel is always the best place to start!
The fake news attached to Seth Rich makes it difficult to get factual information in this case.
#ButNothingsHappening
courtlistener.com/docket/1721165…
Rich's work laptop is not FBI property & does nto contain agency documents. It is DNC property, so FBI does not have legal authority to release it under FOIA or to NARA...
As with all evidence, the FBI will have to give it back to the proper owners (the DNC) after all criminal proceedings have terminated.
Which means the criminal proceedings have not been terminated!
Confirming FBI has read the laptop (by not answering that question) but disputing if the agency 'relied upon' that information to make agency decisions.
The laptoop & records on it are not FBI records under FOIA & are evidence collected by FBI in criminal cases that are not over.
Seidel runs RIDS, so it's why his declarations are always fun to read in FOIA cases.
The laptop was not an FBI record, it didn't show up in FOIA searches for documents. But they did find hard copy documents (not in the Sentinel system) that were property receipts for the laptop.
But the newly found documents are FOIA exempt because they are evidence connected to an ongoing criminal investigation. RIDS found them decided they were FOIA responsive, but that they were exempt from release under FOIA law.
All of the information that is being withheld is due to valid FOIA exemptions.
The exemptions claimed are described here:
Release would expose classified info, pending cases, privacy issues, & law enforcment techniques.
This evidence was collected by SCO Mueller's office & is relevant to the prosecution of alleged Russian intel agents for hacking the DNC>
The FBI determined these specific documents & records are not subject to FOIA release.
DOJ is also seeking clarification on the parameters of the judge's ruling in regard to Rich's personal laptop. Was the order to release any nonexempt information or was the judge waiving away the exemptions?
courtlistener.com/docket/1721165…
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