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Aug 15, 2024 20 tweets 8 min read Read on X
Huddleston v. FBI
(Seth Rich FOIA Case)

Judge Mezzant has issued two Memorandum Opinions and Orders this morning.

Plaintiff’s Corrected Motion for Summary Judgment (Dkt. #112). DENIED


Defendants’ Motion for Summary Judgment Regarding FOIA Exemption 7(A) (Dkt. #148) DENIED
storage.courtlistener.com/recap/gov.usco…
storage.courtlistener.com/recap/gov.usco…
First, let's look at the one concerning Plaintiff’s Corrected Motion for Summary Judgment (Dkt. #112)Image
"This motion requests for the Court to allow Huddleston to conduct discovery and order the FBI to conduct additional searches for records from additional sources and additional categories of records." Image
The Court considers:

1) "...whether Huddleston’s frequent usage of news articles as summary judgment evidence is appropriate."

2) "...whether Huddleston may challenge the adequacy of the FBI’s search by engaging in mere speculation that not yet uncovered documents may exist."

3) "...whether Huddleston may challenge the adequacy of the FBI’s search on the grounds that other documents possibly responsive to his request may exist."

4) "...whether discovery is appropriate in this case."

"the Court will not address Huddleston’s argument that the Court should compel the FBI to search its digital evidence files, specifically Seth Rich’s laptop(s). Both the FBI and Huddleston agree that this issue has already been fully briefed in different motions"

"The Court does not address the FBI’s argument that Huddleston has attempted to amend his FOIA request via emails... The Court resolves Huddleston’s arguments on different grounds."Image
Image
1) "Huddleston’s usage of news articles as summary judgment evidence is not appropriate because the articles constitute inadmissible hearsay."Image
2) "Huddleston makes six arguments challenging the FBI’s search as inadequate by engaging in mere speculation that as of yet uncovered records may exist...

Such speculation is insufficient to challenge the FBI’s search as inadequate." Image
3) "Huddleston’s request questions whether other documents possibly responsive to the FOIA request might exist without creating substantial doubt as to the sufficiency of the FBI’s search."Image
Image
4) "The Court finds that discovery is not warranted in this case because Huddleston has not shown that the FBI acted in bad faith."

"Assuming that the findings in the Durham Report have a direct bearing on this case, the Durham Report never found that the FBI acted in bad faith (Dkt. #133-1). Rather, the Durham Report found that confirmation bias played a significant role in the FBI’s less [than] ideally executed investigation into matters related to intelligence activities and investigations arising out of the 2016 presidential campaigns..."Image
Image
"Huddleston has not sufficiently persuaded the Court that there is tangible evidence of bad faith sufficient to justify discovery."

Plaintiff’s Corrected Motion for Summary Judgment (Dkt. #112) is DENIED.Image
Defendants’ Motion for Summary Judgment Regarding FOIA Exemption 7(A) (Dkt. #148). Image
This is about "whether the Government may categorically withhold the Work Laptop and the Personal Laptop pursuant to FOIA Exemption 7(A)"Image
For more background, I have threads here
"The Government does not satisfy the second element, which requires a document-by-document review in order to assign documents to the proper category."Image
"Under categorical withholding, an agency may provide descriptions of categories of documents, rather than a description of every specific document being withheld.

However, the agency still “must conduct a document-by-document review in order to assign documents to the proper category.”

"The Government has not put forward any evidence suggesting that it has conducted a document-by-document review of the documents within the Work Laptop and the Personal Laptop in order to assign the documents to the proper category."

"Even if a document-by-document review may require arduous efforts by the Government, it remains a requirement of categorical withholding."Image
"The Government has not satisfied this second requirement. Therefore, the Government is not entitled to judgment as a matter of law."Image
"...the Government must first conduct a document-by-document review of the documents within the Work Laptop and the Personal Laptop..

"the Government must either produce the Vaughn indexes or file a motion for summary judgment regarding the documents within the Work Laptop and the Personal Laptop by February 7, 2025."Image
"ORDERED the Government shall conduct and complete by February 7, 2025 a document-by-document review of the information it possesses on the compact disk containing images of Seth Rich’s personal laptop, Seth Rich’s work laptop, the DVD, and the tape drive that is responsive to Plaintiff’s FOIA requests."

"ORDERED the Government shall either (1) produce Vaughn indexes addressing the information it possesses on the compact disk containing images of Seth Rich’s personal laptop, Seth Rich’s work laptop, the DVD, and the tape drive that is responsive to Plaintiff’s FOIA requests by February 7, 2025; or (2) file a motion for summary judgment regarding the information it possesses on the compact disk containing images of Seth Rich’s personal laptop, Seth Rich’s work laptop, the DVD, and the tape drive that is responsive to Plaintiff’s FOIA requests by February 7, 2025."Image

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More from @realjusthuman

Jul 29
Where’s Joffe?
Where’s Sussmann?
Where’s Elias?
Where’s Simpson? Image
What’s the status of this referral? (And the others?) Image
“Connecting you all by email.” Image
Read 5 tweets
Jul 29
Thread:

From The Durham Report, beginning on page 81

Investigative Referral of Possible Clinton Campaign Plan

Late July 2016, U.S. intel “obtains insight” into Russian intel analysis that alleges a Clinton Plan to frame Trump for collusion with Russia

CIA Director Brennan briefs President Obama

(Note: Crossfire Hurricane begins just days later on July 30 2016)

An investigative referral is made by the CIA a month later on September 7, 2016 and forwarded to Comey and StrzokImage
Special Counsel Durham (referred to as The Office in this report) considered the Clinton Plan Intelligence relevant for two reasons:

1. It “arguably suggested that private actors affiliated with the Clinton campaign were seeking in 2016 to promote a false or exaggerated narrative to the public and to U.S. government agencies…”

“The Clinton Plan Intelligence prompted the Office to consider”

-Was there a plan?
-If there was, did it involved “intentionally [providing] knowingly false and/or misleading information to the FBI or other agencies in furtherance of such a plan”

*cough* CONSPIRACY *cough* RICO *cough*Image
2. The Clinton Plan was interested Durham because “it was part of the mosaic of information that became known to certain U.S. officials at or before the time they made critical decisions” re: Crossfire Hurricane and in related LE and intel efforts. Image
Read 23 tweets
Jul 23
🧵UPDATE RE: Unsealing of federal grand jury transcripts in United States v. Ghislaine Maxwell (SDNY), United States v. Jeffrey Epstein (SDNY), and United States v. Jeffrey Epstein (SDFL).
United States v. Ghislaine Maxwell (SDNY)

On July 22, counsel for Maxwell, one of whom also represents Hillary Clinton in Trump's civil RICO case against her, filed a letter motion requesting access to the grand jury transcripts prior to submitting their response to the DOJ's request for their unsealing.Image
Today, July 23, Judge Engelmayer denied that motion.

"It is black-letter law that defendants generally are not entitled to access grand jury materials." Image
Read 42 tweets
Jul 23
FYSA: Trump’s almost certainly in the files, but as an informant/witness.

One thing the Florida federal grand jury files could potentially contain is a draft subpoena for him to appear and testify AGAINST Epstein.
Which could lead to an epic turnabout
Read 7 tweets
Jul 22
UPDATE RE: Unsealing of federal grand jury transcripts in United States v. Ghislaine Maxwell

The case has been assigned to Judge Paul Adam Engelmayer and he has entered an ORDER.

🧵 Image
First, he advises that he "intends to resolve this motion expeditiously." Image
Here are at least some of the factors that he will be considering. Image
Read 9 tweets
Jul 22
Two things:

- DOJ/FBI stand by the conclusions reached in the July 6 joint statement.

- DOJ is reaching out to Ghislaine Maxwell to ask, "What do you know?"
Talking to her is like trying to focus on a single glint of color bouncing off of an ocean wave while solving a Rubik's Cube.

Her deposition from the Guiffre lawsuit is here if you want to see some examples of what I mean.
documentcloud.org/documents/7274…
I'm sure investigators attempted to have conversations with her, at least initially, but she refused or played ignorant, and those conversations went nowhere.
Read 18 tweets

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