Today, I received #FOIA response from @FBI as part of lawsuit I am handling for AHI records.
ALL records were withheld as exempt pursuant to 7(A), which pertains to ongoing criminal investigations.
Every..single..responsive..page.
2/Yet, last week Court we told "the FBI has completed its search for potentially responsive records. The FBI still anticipates making its first release of responsive, non-exempt material on August 15, 2022, and on the 15th of every subsequent month until production is complete."
3/Really? What records am I to receive every 15th of month when everything is exempt?
Importantly, there is absolutely no way FBI did not know it was going to invoke #FOIA 7(A) when its statement was made to federal judge days earlier. #Disingenuous
4/I do know FBI was conducting AHI criminal investigation. Clients of mine were interviewed. Whether that investigation still exists or is so encompassing to include all records is issue that can be litigated. I am fine with that.
5/But where are records that pertain to @FBI employees who have been hit by AHI? Where are records pertaining to processes that FBI has put in place for reporting incidents so that personnel can receive medical care? I know docs exist bc I represent FBI victims.
END/It is time for USG to stop covering up what it knows of AHI.
It is time for USG to protect its employees & their families from further harm.
And it is time USG takes care of its employees & their families who were harmed.
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2/COL Vindman (brother of @AVindman), who challenged Pres Trump's actions re: #Ukraine, retires on 8/31 aft 25+ years active @USArmy. Not by choice. Following stellar career ruined by Trump NSC, #Army put him out to pasture in position usually filled by junior officer. Why?
3/In Nov 2021, COL Vindman requested @POTUS allow him to retire as COL (only has 14 months in grade instead of normal 3 years). Given unique circumstances, it is appropriate to reward, rather than punish, an individual who stepped forward & successfully challenged US President.
It was reported by @washingtonpost that "Classified documents relating to nuclear weapons were among the items FBI agents sought ... according to people familiar with the investigation."
2/At this point, we don't know if this is true or not. The @FBI's property receipt makes no mention of "Restricted Data" or "Formerly Restricted Data", which is usually how nuclear info is referenced. This info is controlled by Atomic Energy Act.
1/Saying #EspionageAct requires intent to disclose to foreign power or injure US for conviction - the current MAGA defensive talking point - is NOT accurate.
There are multiple criminal provisions that pertain to classified info. They do not all have "spy" characteristics.
2/Ppl forget so easily #HaroldMartin, NSA "hoarder", agreed to 9 years in jail for merely unauthorized possession of classified info w/o any intent to disseminate. His mere knowledge docs were marked classified & he couldn't have them at home was enough.
3/To be sure, some criminal statutes will have potential legal fights given they were not designed for use against POTUS, but there are clear provisions of #EspionageAct that can apply to Trump w/no allegations of "spying" or actual use against US.
1/Most of Twitterverse now knows how vast Presidential authority is to declassify info. Literally can be wave of hand, which is what Trump supporters are arguing he did. Obviously usually a formalized process that exists to ensure actions are always documented, but ... Trump.
2/Still, FBI search on his residence is said to involve classified docs related to nuclear weapons. If true, that could involve what is known as Restricted Data, which is a statutory protection outside of Presidential authority where classified info usually lies.
3/Restricted Data (or "RD") is not subject to automatic declassification like "normal" classified info. Don't take my word for it. This is @TheJusticeDept legal position:
1/Formal statement from COL Yevgeny Vindman's (@YVindman) Legal Team re: issuance of @DoD_IG Report of Investigation that vindicated his lawful #whistleblowing activities. We look to @POTUS now.
"The Department of Defense (DoD) Office of Inspector General’s (OIG) Report of Investigation issued today fully vindicates our client Colonel (COL) Yevgeny Vindman (at the time LTC). Through his protected and lawful whistleblowing activities, ...
3/...COL Vindman properly reported misconduct involving officials within the Trump Administration's White House and National Security Council. Based on this latest report, which followed a review by the U.S. Army, it is now conclusive there was illegal retaliation...
2/Through his protected lawful whistleblowing activities, Lt. Col. Vindman properly reported misconduct involving officials within the Trump Administration's White House and National Security Council.
END/Based on this latest report, which followed a review by the U.S. Army, it is now conclusive there was illegal retaliation against Lt. Col. Vindman, who has since been promoted to Colonel.