🧵🧵🧵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.
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.
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.
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.
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!
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?
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."
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🔥🔥🔥Obama ordered the fraudulent ICA on Russia influence in 2016 before IC pulled PDB that @DNIGabbard released yesterday, declassified emails show! Working on deep-dive of release & just discovered this detail!
2/ Until now, everyone (unless I missed someone who already caught this) assumed Obama ordered the ICA during the 12/9/2016 meeting, but NO, this email from day before (12/8/2016) referenced that ordered ICA, noting goes to Obama 1/9. AND 12/8 email referenced upcoming 12/9 "PC" meeting.
3/ "PC" per @DNIGabbard release is “National Security Council Principals Committee," which met on 12/9, at which Obama reportedly gave order for ICA that @CIADirector found fraudulent & manipulated. BUT that order came on 12/8! Why does that matter?
🚨BREAKING: Lawyers in Alien Enemies Act case representing aliens removed to El Salvador now want Trump Administration to bring them back from Venezuela where they are now, to provide them habeas. IF they want asylum, though, they can seek from Venezuela. 1/
2/ If citizens, they could show and come without habeas (and none are). And none of the others have a right to be in U.S., plus they'd be nuts to agree to come back to U.S. now. Trump Administration also has stronger argument that they are enemies given Venezuela wanted them.
😡😡😡Holy BEEP! So, I've been re-reading yesterday's report at Real Clear Investigations teasing an upcoming release of Russia-collusion hoax info and this passage sent me back to the Durham report. Well, what did Durham say about the ICA? 1/
2/ Durham frickin' cited the ICA as one of those "careful examinations" in footnote 19!!! (Still digging in so maybe he makes note of issues later BUT if he does WTF is he including it in this footnote as a see also and if not, did Durham not know of it?)
3/ Durham's report later discusses politicalizing of intelligence, noting the IC Omnibus person noted a couple instances but didn't mentioned the Carter Page FISA. But Durham makes no mention of the 2016 ICA either, suggesting he remained in dark about that politicalizing.
🚨🚨🚨BREAKING: @ChuckGrassley released emails include a smoking gun exposing how Tim Thibault was searching for a crime to investigate! 1/
2/ They wanted to open an investigation to allow for investigative activities. NOTE open an investigation to investigate a crime of which they had evidence!
3/ Thibault says we could open an assessment, but that ain't good enough. Why not? Because they can't do what the US Attorney's office wants them to do if it is only an assessment.
🚨🚨🚨Trump Administration files response in opposition to Preliminary Injunction in Planned Parenthood case. The Court already entered a blatantly improper TRO. 1/