🧵So, the entire "Prohibited Access" revelation prompted me to pull up the transcript from former Pittsburgh U.S. Attorney Scott Brady's closed-door testimony. Brady you'll recall was charged with screening evidence re Ukraine corruption, i.e. Biden family pay-to-play. 1/
2/ I've been pondering how FBI can actually do a thorough investigation given Prohibited Access functionality & immediately thought of that screening b/c same FBI supervisor Tim Thibault involved in Nellie Ohr case w/ Prohibited Access documents at issue involved in investigation of Biden.
3/ More I read of that release from Grassley the more I think that the "restricted access" referenced was actually "Prohibited Access" but that no one "got" that there were 2 different categories & difference was with Prohibited Access you couldn't even see that a file existed.
4/ Re-read point 3 above as I think that might be a huge forthcoming revelation. But returning to the Brady investigation of Ukraine corruption: Brady testified he asked FBI to review their holdings.
5/ The FBI agents doing that review, though, would NOT have access to the "Protected Access" subfiles so a review of the holdings would show NOTHING existed, even if it did!!
6/ Let this sink in for minute: United States Attorney General directed United States Attorney to oversee vetting of evidence of corruption related to Ukraine, including of presidential candidate, but FBI agents running search queries in Sentinel weren't getting accurate results.
7/ Sentinel would return "no documents" to search queries when in fact there could be documents that were within the "Prohibited Access" area. And this is NOT like "restricted access" where FBI would know they exist & would seek access, they'd believe there were no documents.
8/8 Folks, this scandal is
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🔥🔥🔥@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.
@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.
🚨🚨🚨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/
🔥🔥🔥ICYMI ⬇️🧵from late yesterday explaining "invisible" files FBI maintains on Sentinel that can't be seen by other agents. Implications are HUGE b/c if those searching for relevant files don't know they exist, they can't be provided. 1/
2/2 Criminal defendants won't be provided potentially exculpatory evidence; civil litigants won't be provided relevant discovery--think FBI agents involved in censorship; Congress denied requested documents; Inspector General & Special Counsel don't get all documents. 👁️👁️@fdrlst
@FDRLST 3/3 🔥Just uncovered this tidbit from FBI report on Sentinel. That "FBI leadership," i.e., 7th floor, could define access and thus brand things "prohibited access" raises huge implications in political investigations.
🧵🧵🧵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.
3/ "Petitioner filed a petition for habeas corpus, claiming the government is violating his First Amendment rights by detaining him and by seeking to remove him. The government is detaining him on two grounds: First, that he lied on his application for permanent residence status and second that his presence is compromising a compelling foreign policy interest. The court need not consider Petitioner's second argument, though, because he has failed to present any evidence that his detention and planned removal for lying on his application is being undertaken in retaliation for his speech. Accordingly, Petitioner has failed to establish his detention is in violation of law and the Court therefore denies his Motion for a Preliminary Injunction." There. That's the only analysis needed.
🚨🚨🚨BREAKING: District court enters order staying Trump Administration's canceling of parole (that is where aliens are given permission to remain in U.S.) 1/
2/ Trump Administration concluded Biden Administration's use of "categorical parole" (i.e., paroling aliens into U.S. by class & not on individual basis) violated statute & order undoing of orders & denying parole based on discretion.
3/ Court acknowledges it has limited jurisdiction but says it can still review decision to terminate parole: