We Now Know What the FBI Did With the 4,500 Kavanaugh Tips It Collected in 2018

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Sen. Sheldon Whitehouse has spent nearly three years attempting to understand the nature of the FBI’s “supplemental investigation” of claims that emerged against Justice Brett Kavanaugh during his confirmation hearings in the summer of 2018. The senator’s attempts to get answers from either the Trump White House or the FBI were largely unsuccessful while Trump was still in office. But Whitehouse kept trying—almost as soon as Merrick Garland was sworn in as attorney general, Whitehouse asked him to help facilitate “proper oversight” by the Senate into questions about how serious the FBI supplemental investigation really was.

Whitehouse asked Garland to explain why there was no mechanism for witnesses to report their accounts to the FBI, and why, after the FBI decided to create a “tip line,” nobody was ever told how the tips were evaluated. In his March letter to Garland, Whitehouse described that tip line as “more like a garbage chute, with everything that came down the chute consigned without review to the figurative dumpster.” Whitehouse asked Garland to explain “how, why, and at whose behest” the FBI conducted a “fake” investigation that violated standard procedures. Whitehouse also asked Garland to probe into the tens of thousands of dollars in credit card debt that mysteriously vanished from Kavanaugh’s life in 2016.

And it seems he has finally gotten at least some answers. On Wednesday morning, Whitehouse’s office released a June 30 letter from FBI Assistant Director Jill C. Tyson. The letter is a response to an even older request sent by Whitehouse (and Sen. Chris Coons) asking similar questions about the supplemental background investigation—this one, sent to the FBI in August 2019. Among other revelations, Tyson’s letter indicates that the FBI’s supplemental investigation happened at the direction of the White House, that the most “relevant” of the 4,500 tips the agency received were referred back to White House lawyers in the Trump administration, and that in the days of the follow-up investigation, 10 people were interviewed (it doesn’t say this, but other reporting has confirmed that neither Christine Blasey Ford nor Kavanaugh were among these 10 people). The letter clarifies that this was a supplemental background check, not a criminal investigation because that is what was sought by the White House counsel’s office. Continue reading.

Opinion: How Democrats are hoping to unmask the latest Trump-DOJ scandal

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It had long been expected that the Biden administration might be reluctant to launch a full fumigation of the epic corruption of the Trump years. The refrain that would justify this foot-dragging, many feared, would be the wretched notion that we must look forward, not back.

Yet what we’ve seen has actually defied negative expectations. The Justice Department has taken multiple active steps that are keeping the true scope of former president Donald Trump’s misdeeds buried. While the department has understandable reasons for defending its institutional prerogatives, this lack of transparency simply isn’t tenable.

This week, Democrats made a new move toward opening the books in a key area where the Justice Department has been unduly secretive: the scandal involving the department’s subpoenaing of the phone and communication records of prominent critics of Trump. Continue reading.

Justice Dept. Ends Criminal Inquiry and Lawsuit on John Bolton’s Book

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President Donald J. Trump had pressured the department to use its legal powers to stop his former national security adviser from publishing embarrassing details about him.

The Justice Department closed a criminal investigation into whether a disparaging memoir by President Donald J. Trump’s national security adviser John R. Bolton illegally disclosed classified information and dropped a lawsuit aimed at recouping profits from the book, according to Mr. Bolton and a court document filed on Wednesday.

The agreement ends an effort that began under the Trump administration to silence Mr. Bolton after Mr. Trump waged a campaign pressuring investigators to prosecute him. Dropping the legal action against him is a rebuke by Attorney General Merrick B. Garland of the previous administration’s use of government power to suppress former Trump officials who became critics of Mr. Trump.

“We argued from the outset that neither action was justifiable because they were initiated only as a result of President Trump’s politically motivated order to prevent publication of the ambassador’s book before the 2020 election,” said Mr. Bolton’s lawyer, Charles J. Cooper. Continue reading.

Senate on collision course over Trump DOJ subpoenas

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Senate Democrats are quickly running into a GOP buzzsaw as they probe the Trump-era Justice Department’s collection of lawmaker records.

Reports that the Department of Justice (DOJ) under former President Trumpobtained lawmaker communications data, and similar info on former White House Counsel Don McGahn, have sparked a days-long fury that’s sent Attorney General Merrick Garland scrambling to contain the fallout.

As part of the fierce backlash from Capitol Hill, Democrats on the Senate Judiciary Committee launched a probe this week and are threatening to subpoena former Attorneys General William Barr and Jeff Sessions if they don’t testify voluntarily. Continue reading.

‘They’re not making this up!’ CNN host corners former Bush AG for questioning reports of Trump DOJ spying

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CNN’s Jim Sciutto on Monday put former Bush Attorney General Alberto Gonzales in the hot seat after he seemed to cast doubt on reports that the Trump Department of Justice aggressively subpoenaed records from both politicians and journalists.

While Gonzales acknowledged it would be “really troubling” if the allegations of spying on political rivals were true, he cautioned that a fuller investigation is needed before making conclusions based on current reporting.

“Some of the facts here, again, are bizarre, amazing,” he said. “I don’t know whether or not the reporting is completely accurate because of that reason. Frankly, I am hoping the reporting is inaccurate.” Continue reading.

CNN reporter targeted by Trump DOJ breaks her silence — and says she wants answers

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CNN Pentagon correspondent Barbara Starr on Monday broke her silence about revelations that the United States Department of Justice under former President Donald Trump issued sweeping subpoenas for her phone records.

While talking with hosts Briana Keilar and John Berman, Starr said she was “dumbfounded” by the broad scope of the subpoena issued for her records.

“We have no idea why the Justice Department snuck into my life,” she said. “They went out, in secret court proceedings last year, they went after some 30,000 of my emails and phone records, and not just my work email, my work phone, they went after my personal accounts, my personal email, and my personal phone… they wanted all of it. And I was not allowed to know about it.” Continue reading.

Apple Tells Ex-White House Counsel That Trump DOJ Sought His Records In 2018: Reports

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The reported disclosure reveals the Justice Department’s extraordinary move to investigate Don McGahn as he served as Trump’s top lawyer.

Apple informed former White House counsel Don McGahn and his wife last month that their records were sought by the Justice Department in February 2018 while McGahn was still serving as then-President Donald Trump’s top lawyer, The New York Times and CNN reported Sunday.

The U.S. government barred Apple from telling McGahn about the move at the time, two people briefed on the matter told the Times. The Justice Department’s move to subpoena information about McGahn and his wife was under a nondisclosure order until May, CNN reported. 

Apple’s reported disclosure exposes an extraordinary move by the Justice Department to subpoena records of a then-current White House counsel. Continue reading.

Sessions joins Barr in pleading ignorance about Trump DOJ spying – is Rosenstein the guy or are they setting him up?

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Former Attorney General Jeff Sessions late Friday afternoon announced that he too, just like former Attorney General Bill Barr, had no idea the Dept. of Justice was spying on at least two top House Democrats on the Intelligence Committee. The scandal has shaken both the DOJ and the general public so broadly the Inspector General – less than 24 hours after The New York Times bombshell dropped – announced a wide-ranging internal investigation.

The track records of both Barr and Sessions when it comes to telling the truth – even under oath – are questionable at best and subject to interpretation.

Are they setting former Deputy Attorney General Rod Rosenstein up to take the fall? Or was it Rosenstein all along? Or both – were they all in on spying on Democrats? Continue reading.

Senate plans investigation of Trump DOJ seizure of House Democrats’ data

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Justice Department inspector general will also probe matter

The Senate Judiciary Committee is prepared to subpoena Trump administration Justice Department leaders if that’s what it takes to get answers about reports that the DOJ obtained metadata related to House members, including the Intelligence Committee chairman.

Senate Majority Leader Charles E. Schumer and Majority Whip Richard J. Durbin, who also chairs the Judiciary panel, said the committee would conduct a full review of the matter, which was first reported Thursday by The New York Times.

As part of a sweeping leak investigation, the DOJ used subpoenas to obtain information from Apple, including cellphone metadata for at least two House members: House Intelligence Chairman Adam B. Schiff and Eric Swalwell, both California Democrats. Swalwell and Schiff both confirmed their records had been obtained. Continue reading.

Justice Department probes Trump DOJ targeting of media and Congress

Department of Justice Inspector General Michael Horowitz on Friday announced the opening of an internal probe into the department’s Trump-era secret subpoenas against Apple for data belonging to House Democrats and its seizure of phone records of journalists working for major media companies.

The state of play: The move comes after Deputy Attorney General Lisa Monaco requested that Horowitz open a review and calls from House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Chuck Schumer (D-N.Y.) for an investigation into the matter.

Of note: Following demands from Democratic congressional leaders for former Attorney General William Barr to testify about the leak probes, Barr on Friday said he did not recall getting briefed on the subpoenas, per Politico. Continue reading.