Margot Cleveland Profile picture
May 30 17 tweets 4 min read Read on X
🧵🧵🧵Recent release by Sen. @ChuckGrassley suggests systemic violations of Brady by FBI. Brady rule requires government to disclose exculpatory evidence in criminal case; to comply, FBI agents search Sentinel system. Brady mandate is considered a constitutional requirement. 1/
2/ But according to FBI Wash. Field Office EC sent to SC Office on 9/18/19, Sentinel system includes "invisible files" that can't just not read, but that you don't even know exist-files identified as "Prohibited Access" files, NOT to be confused w/ Restricted Access files.
3/ Here's how EC explained "Prohibited Access" files, versus Restricted Access. According to this FBI Agent, then, when you search Sentinel for various terms, if the files are coded "Prohibited Access," search will show NO responsive documents. Image
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4/ In contrast, when things are coded "Restricted Access," a search will show hits but the FBI agent without the proper clearance/authority cannot view the document.
5/ Washington Field Office FBI agent's EC noted that May 30, 2019 (day after SC Mueller resigned), SC's office provided FBI agent Bruce Ohr's redacted FD-302s but asked for unredacted versions which were in "Prohibited Access" holdings. Image
6/ EC adds SC Team said most "but not all" documents "had been migrated from Prohibited status to Restricted Access status, . . ." SIGNIFICANTLY, though, "investigators would (and do) remain incapable of identifying potentially relevant serials" in "Prohibited Access" status. Image
7/ That paragraph CONFIRMS two different systems, with Restricted Access you can't view document but you know it exists, while Prohibited Access, you don't even know there is a document--it is invisible.
8/ This paragraph confirms the point: The Washington Field Office agent can tell there are 70 documents in the Restricted Access system that include the search term "Berkowitz," but cannot know how many more are in "Prohibited Access" because the Sentinel system will not show any "hits" if the documents are in Prohibited Access.Image
9/ So while everyone is focusing on Nellie Ohr, her alleged lies to Congress, and the burying of the case against her--did Post SC Mueller's office ever provide the documents--the scandal here is MUCH BIGGER!!
10/ FBI's maintenance of "Prohibited Access" files that DO NOT SHOW UP IN SEARCH REQUESTS in Sentinel means agents pulling Brady material to comply WITH THE CONSTITUTION, will not even know there are potentially exculpatory materials they should be providing.
11/ Then there's civil cases (think FBI's role in the Censorship Industrial Complex!!!), FOIA cases, and Congressional Investigations! The files are INVISIBLE and won't appear in the search.
12/ This isn't me saying that...it is an FBI agent saying that in an EC sent to the Post Special Counsel's Office AND THAT EC WAS APPROVED BY THREE SUPERVISORS! Image
13/ Was this why Special Counsel Smith didn't turn over material to Trump in the electors' case? Because the documents were invisible in a Sentinel search? Image
14/ This scandal is no longer about Trump or the corruption of the Russia-collusion hoax investigators--it calls into question the way the FBI handles documents that it is legally and sometimes constitutionally required to turn over, via FOIA, Congressional investigation, Brady,
15/ criminal and civil procedure. Questions for @FBIDirectorKash Does the FBI currently use the "prohibited access" designation to make documents invisible in Sentinel? How does FBI comply with FOIA/Brady/Civil Discovery/Congressional Investigations then?
@FBIDirectorKash 16/16 Did Durham & the IG search for "Prohibited Access" documents? Why note? Did Post Special Counsel Mueller ever provide the Washington Field office the documents related to Nellie Ohr & search Prohibited Access?
@FBIDirectorKash 17/ Here is how the DOJ's IG describes "Prohibited Access." Image
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More from @ProfMJCleveland

Jul 12
I'm thinking I may have an idea who some of the State Department employees laid off are...remember those in the "Global Engagement Center" pushing censorship of American media outlets under guise of fighting foreign disinformation? Remember Biden Administration pretending . . .
2/ to shutter GEC after Congress cut off funding but instead moving them to a "Counter Foreign Information Manipulation and Interference Hub ('R/FIMI Hub')." Image
3/ Well, late last week, in a little noticed court filing, State Department stated this about the new disinformation Hub: Image
Read 4 tweets
Jul 12
🚨🚨🚨BREAKING: California judge enters TRO against ICE actions. OMgosh...I so called it...it is an "obey the law injunction" that is worthless! Image
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2/ BUT this is different and it complete bullshit! Image
3/ Here's my earlier thread where I predicted this "follow the law" worthless injunction. (The training requirements/and documentation is entirely different). Image
Read 8 tweets
Jul 12
🚨Trump is appealing district court's refusal to discharge Preliminary Injunction related to passport sex designations. Trump asked it to be discharged based on recent SCOTUS decision re bars on puberty blockers...stay with me, I'll explain. 1/ Image
2/ In deciding if a law is constitutional, a court has to decide what standard to review the law with, i.e. how carefully to review it. The district court applied "intermediate scrutiny" in deciding if gov't had grounds to limit to sex M/F. SCOTUS then said no, you only use rational basis scrutiny which is easy to pass.Image
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3/ Under correct standard, then Trump Administration has a rationale basis to require passports to designate a person's actual sex, and therefore the court should discharge the injunction. The court refused because . . . wait for it. . . the President hates transgenders. Image
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Read 4 tweets
Jul 12
🚨🚨🚨BREAKING: Judge dissolves TRO granted Planned Parenthood to enter a new one that supposedly complies with the requirements. She's so full of bias, it's crazy! 1/ Image
2/ This is the most blatantly ridiculous point: Even in the case of aliens possibly being deported, the court held a hearing. Even in the case of national guard on streets, court held a hearing. And 14 days later is not quickly setting a hearing. Image
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3/ And it isn't a matter of DOJ objecting that no reasons were provided. THE FEDERAL RULES REQUIRED THOSE REASONS BE PROVIDED! Image
Read 7 tweets
Jul 11
2/ ~2 weeks ago, Judge Breyer entered injunction against Trump Administration barring Trump from federalizing (i.e., taking over control) of National Guard from Gov. Newsom. Newsom had sued. A 3-judge panel of the 9th Cir. court of appeals immediately stayed injunction, meaning
3/ injunction had no effort & Trump remained in charge of National Guard. NOW, Newsom could have asked "full" 9th Cir. to rehear case in something called "en banc." (Note: Not really "full" b/c 9th Cir. is so large, it is just more judges ~11) OR could have appealed to SCOTUS.
4/ Newsom didn't and instead went back to Breyer and said we still get an injunction under Posse Comitatus Act--something not addressed in the original injunction & Breyer has entered several orders, i.e. ordering discovery, setting hearing on merits.
Read 5 tweets
Jul 11
🚨🚨🚨BREAKING: Trump Administration files Motion to Dissolve Temporary Restraining Order judge handed Planned Parenthood. 🧵Link & Analysis to follow. 1/
3/ The intro paragraph is AMAZING! Serious, tempered, but devastating! Image
Read 8 tweets

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