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

Jun 26
🚨🚨🚨BREAKING: Judge Breyer wades in again re Trump's federalizing of California National Guard in case Newsom brought. Image
2/ Judge rejects Trump's argument that there cannot be a Posse Comitatus claim given 9th Cir. ruling that Trump could federalize national guard. Judge rejects Trump's request to transfer case to L.A. arguing public interest is to keep with him since he's already up on case.
3/ Court grants expedited discovery on issues related to what troops are doing for purpose of Posse Comitatus claim. So rulings all in favor of Newsom and kicking merits on Posse Comitatus out a month until discovery ends.
Read 4 tweets
Jun 23
🚨SCOTUS delivered Trump another victory earlier today while I was shopping with DS. This case concerned the removal of illegal aliens ordered removed to third countries, with SCOTUS staying injunction barring such removal. 1/
2/ Dissent again rests on not liking what Trump did and ignoring numerous jurisdictional issues. supremecourt.gov/opinions/24pdf…
3/ Beyond resolving issue of aliens in limbo in South Sudan, SCOTUS decision gives Trump & DHS ability to push more forcefully for voluntarily removals.
Read 4 tweets
Jun 20
🚨LIVE COVERAGE here of Preliminary Injunction hearing before Judge Breyer on Newsom's lawsuit to commander National Guard from Trump. Trump Administration had requested stay of proceedings pending 9th Cir. decision but Breyer refused. 1/
2/ Breyer claimed facts on ground and changes would be relevant to PI hearing. Watch for him to sidestep 9th Cir. slap down by framing changes on ground as so substantial that no matter how much deference Trump gets he couldn't federalize troops.
3/ Hearing was suppose to start at 10 PT. Hasn't started yet. Here's link as DH has me picking up a plumbing part so I might not be able to cover depending on when it starts. (At least it's at an old hardware store which has new old stock--which I love--not Lowe/Home Depot.
Read 9 tweets
Jun 17
🔥🔥🔥Grassley letter reviews FBI ordered records destroyed in September 2020. This does NOT conform to records preservation requirements...you know thing FBI raided Mar-a-Lago for! 1/ Image
3/ Still trying to put puzzle together but letter of 5/5 provides solid hints. It'd seem that the destroyed record was related to Biden-Ukraine corruption & to fake briefing Dems had FBI do to falsely frame Grassley & Johnson as peddling Russian disinfo. grassley.senate.gov/imo/media/doc/…
Read 4 tweets
Jun 13
🚨🚨🚨BREAKING: Trump is still Commander-in-Chief. Image
2/ And will be for at least 5 more days. Image
Read 4 tweets
Jun 12
🚨Hearing in Newsom v. Trump re National Guard starts in ~15 minutes. I'll be live-posting in this 🧵. 1/
2/ Hearing starting:
Judge Preliminary Comments: Entered scheduling order directing file of briefs & appreciative of that. It is necessary to have briefing & I have always have done it, even though styled as ex parte, sufficient cooperation to allow complete record as possible given, important--issues significance, and urgency so I need to act expeditiously but takes into consideration the arguments of the parties. That's the fair way to do it and way I've done it over the year and parties have been extremely helpful in this regard.
3/ Judge: Asks to start w/ federal government & wants feds to address several issues: It seems to me that it is necessary to understand whether the president complied with the statute 10406, which has a number of requirements. When Judge acted on desire to nationalized California National Guard he sited this statute.
Read 17 tweets

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