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Brad Heath @bradheath
, 16 tweets, 5 min read Read on Twitter
DOJ: Comey's memos "pertain to, and have been compiled into, the ongoing investigation by the Special Counsel." Disclosing them "could reasonably be expected to adversely affect the integrity of that investigation."
DOJ implies there is more to Comey's memos about his conversations with Trump than his testimony revealed. Disclosure of that information "could reasonably be expected to impair the ongoing investigation."
DOJ says the number of memos Comey wrote about his conversations with Trump is "sensitive nonpublic information" that could "compromise the investigation."
(Comey testified that he had 9 conversations with Trump and memorialized all or almost all of them. So .....)
DOJ says Comey's testimony didn't reveal the level of detail in his memos, the extent to which they corroborate his testimony, or "the extent to which they contain information that was not the subject of his testimony."
(That last bit is fascinating. Suggests the FBI as an investigative interest in keeping certain people in the dark about how much Comey wrote down.)
DOJ on whether Comey is a leaker: There's "no evidence" of his "alleged removal of the memos from the government."
This filing is a bit obtuse. Why didn't the FBI block Comey from giving one of his memos to a friend? Maybe the FBI had its reasons, basically. Or maybe it didn't.
DOJ: Mueller and the FBI say revealing Comey's memos of his conversations with President Trump "would still do much to reveal the government’s hand to the detriment of an ongoing investigation."
The FBI says it has not confirmed that Comey, "during his tenure as Director, publicly shared the memos."
This part is definitely obtuse. The FBI appears to be arguing that it can keep secret the name of Deputy Director McCabe (and his wife) because they memorialize a discussion that included "personal opinions concerning that official."
FBI: Only a "small part" of Comey's memos is classified.
FBI: The special counsel's charges against Manafort, Gates, Papadopoulos and Flynn "did not officially acknowledge anything contained in the Comey Memos."
Here's the filing. It's in response to a lawsuit by @USATODAY, @CNN, @JMadisonProject, @DailyCaller, @JudicialWatch, me, etc.
documentcloud.org/documents/4323…
(Basically: Look to your left. Look to your right. One of those people is a plaintiff in this case.)
After all that, DOJ doesn't explain how revealing Comey's memos might harm the Russia investigation. It wants to submit a second, secret filing with the reasons the memos must remain secret.
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