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 5
For those investigating or trying to under the "Prohibited Access" scandal, ICYMI below I highlight how SC John Durham defined "close hold" differently from "Prohibited Access," while IG Report indicated "close hold" to Crossfire Hurricane team meant "Prohibited Access." 1/
2/ This suggests to me that SC Durham was not told Crossfire Hurricane material had been coded Prohibited Access which limited ability of agents searching for it to see the existence of the information. NOR would you understand that from how the IG described "prohibited" or "close hold."
3/ I'd also add that from Brian Auten's deposition, it appears not everyone on Crossfire Hurricane team could view the Prohibited Access documents, raising even more questions.
Read 5 tweets
Jun 5
🚨THREADETTE: Yesterday, I emailed the attorney of record, Niels Frenzen @MigrantsAtSea, a media inquiry concerning his client Susanna Dvortsin, who petitioned as Next of Friend of wife & children of terrorist who set Jews on fire & obtained an ex parte order barring their removal from Colorado. 1/Image
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2/ I asked two basic questions but received no response. I should add a third: What good faith basis did he have that there was jurisdiction to file a habeas case in a district court in an immigration case? Image
3/ Here's the order & the point re jurisdiction. Lawyers have an obligation not to file knowingly frivolous claims and I am hard pressed to understand what possible good faith basis there was to file a habeas case in the district court.
Read 7 tweets
Jun 4
🚨🚨🚨BREAKING: Judge Boasberg certifies class and enters injunction in removal of Venezuelans to El Salvador: 1/ Image
2/ Analysis to follow. Here's the complete opinion. storage.courtlistener.com/recap/gov.usco…
3/ And here's the injunction court entered. He showed more restraint this time by asking DOJ how they will facilitate allowing aliens to seek habeas relief. Doesn't mean he hasn't overstepped (more on that), but at least he didn't say put them on an airplane now. storage.courtlistener.com/recap/gov.usco…
Read 14 tweets
Jun 4
🚨@FDRLST More thoughts on Prohibited Access scandal. 1/
3/ Hey @FBIDirectorKash @dbongino and @EagleEdMartin here are some basic questions Americans need answers to ASAP to understand if the breadth and depth of the Prohibited Access scandal. thefederalist.com/2025/06/04/the…
Read 4 tweets
Jun 3
🔥🔥🔥@Comey used stealth "Prohibited Access" status for FBI's Mid-Year Exam investigation into Hillary Clinton, rendering documents invisible in Sentinel system. 1/
2/ Yesterday @Agent_Mondello noted Inspector General's report re 4 FISA warrants against Page acknowledged they used "Prohibited Access." That was news to me, so I pulled. He was right...it did speak of access being "Prohibited" BUT explanation did not make clear functionality. Image
@Agent_Mondello 3/ I read that as what we understand "restricted access" to be. BUT it is a huge point because it also reveals that FBI Headquarters called it "close-hold." And also reveals the Prohibited Access started under Crossfire Hurricane by Comey. Image
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Read 13 tweets
Jun 2
🚨🚨🚨BREAKING: Thrilled to serve as lead counsel @NCLAlegal for our client, Idil Issak, in her 1st Amendment lawsuit against University of Tenn. Complaint filed this morning details how University & its Institutional Review Board violated nearly every free speech doctrine. 1/ Image
2/ Here's the press release: nclalegal.org/press_release/…
3/ And the complaint: nclalegal.org/filing/complai…
Read 4 tweets

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