Federal Court Hearing Today in Judicial Watch Lawsuit for Andrew McCabe Emails and Text Messages

(Washington, DC) – Judicial Watch announced that a federal court hearing will be held today, November 4, 2020, by teleconference regarding the FBI’s delay in producing emails and text messages sent and received by former Acting Director of the FBI Andrew McCabe. 

The hearing will be via teleconference:

Date:                Wednesday, November 4, 2020

Time:               11:30 a.m. ET

Location:        The hearing is presided over by Judge Tanya S. Chutkan, and telephonic, oral argument can be heard by calling the toll-free telephone number (866-590-5055) and providing the teleconference access code (3850112).

This hearing comes in the 2017 Freedom of Information Act (FOIA) lawsuit brought by Judicial Watch on behalf of Jeffrey A. Danik, a retired FBI supervisory special agent, for emails and text messages of McCabe about McCabe’s “conflicts of interest” regarding his wife’s (Dr. Jill McCabe’s) political campaign and Hillary Clinton (Jeffrey A. Danik v. U.S. Department of Justice (No. 1:17-cv-01792)).

Judicial Watch is asking for:

Text messages and emails of McCabe containing “Dr. Jill McCabe,” “Jill,” “Common Good VA,” “Terry McAuliffe,” “Clinton,” “Virginia Democratic Party,” “Democrat,” “Conflict,” “Senate,” “Virginia Senate,” “Until I return,” “Paris,” “France,” “Campaign,” “Run,” “Political,” “Wife,” “Donation,” “OGC,” Email,” or “New York Times.”

Judge Chutkan ordered the hearing after receiving a September 21 Joint Status Report from the parties in which Judicial Watch told the court:

[Danik] is tired of waiting. The Court ruled almost four months ago, on May 31, 2020, that [Justice Department] failed to satisfy its burdens under FOIA. We however are no closer to a resolution of this case.

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[Danik] already substantially narrowed his request. He also does not believe 11 pages of text messages and 2,362 emails is too onerous to review. [Danik] believes he has waited long enough – almost four years since he sent his FOIA requests – for the agency to satisfy its burdens and produce all non-exempt, responsive records to him.

Judicial Watch proposes that the Justice Department release at least 750 pages of emails each month until completion.

The FBI recently turned over several pages of almost completely redacted McCabe text messages while still denying the texts are subject to FOIA.

In September 2020, Judicial Watch uncovered in a separate lawsuit that senior members of Robert Mueller’s Special Counsel’s Office (SCO) repeatedly and “accidentally” wiped over 20 phones assigned to them.

In 2017, Judicial Watch uncovered Justice Department records concerning ethics issues related to McCabe’s involvement with his wife’s political campaign. The documents include an email showing Mrs. McCabe was recruited for a Virginia state senate race in February 2015 by then-Virginia Lieutenant Governor Ralph Northam’s office. The news that former Secretary of State Clinton used a private email server broke five days later, on March 2, 2015. Five days after that, former Clinton Foundation board member and Democrat party fundraiser, Virginia Governor Terry McAuliffe, met with the McCabes. She announced her candidacy on March 12. Soon afterward, Clinton/McAuliffe-aligned political groups donated nearly $700,000 (40% of the campaign’s total funds) to McCabe’s wife for her campaign.

McCabe was fired from the FBI in March 2018 for leaking to the media and lacking “candor.”

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