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Tom Fitton's Weekly Update

JW Uncovers FBI Knew of Hillary’s Abuses

The FBI is Has a Chart of Hillary Clinton’s Potential Law Breaking
Look for Our Expert Panel Presentation: ‘Investigating the Investigators’
Antifa Activist Ordered to Pay JW Legal Fees for Her ‘Frivolous’ Suit
Honoring the Fallen on Memorial Day


The FBI knows a lot more about Hillary Clinton than it is willing to let us know.

We have filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice seeking draft copies of FBI charts containing information on potential “statutory violations” committed by Hillary Clinton in the former secretary of state’s use of a non-secure, non-government email server to conduct government business.

We are also suing for draft copies of talking points prepared by the FBI for its officials to use following then-Director James Comey’s July 2016 press conference during which he recommended against prosecuting Clinton for mishandling classified information.

We sued in the United States District Court for the District of Columbia after the DOJ failed to respond to a December 3, 2018, FOIA request (Judicial Watch v. U.S. Department of Justice (No. 1:19-cv-00800)). We are seeking:

  1. All final and draft copies of talking points prepared by the FBI for its Executive Assistant Directors (EADs) relating to the “Mid-Year Exam” investigation (“MYE Talking Points) following the July 5, 2016 James Comey press conference in which he indicated he would not recommend prosecuting Hillary Clinton.
  2. All final draft copies of a one-page version of the aforementioned MYE Talking Points created for FBI Special Agents-in-Charge (SACs).
  3. All final and draft copies of charts of the “statutory violations considered during the investigation [of Hillary Clinton’s server], and the reasons for the recommendation not to prosecute.”

We recently uncovered DOJ records in a related lawsuit that include emails documenting an evident cover-up of a chart of potential violations of law by the secretary of state. On July 8, 2016, three days after then-FBI Director James Comey’s press conference announcing that he would not recommend a prosecution of Clinton, the Special Counsel to the FBI’s executive assistant director in charge of the National Security Branch, whose name is redacted, wrote to Strzok and others that he was producing a “chart of the statutory violations considered during the investigation [of Clinton’s server], and the reasons for the recommendation not to prosecute…”

Neither these talking points nor the chart of potential violations committed by Clinton and her associates have been released.

We will continue pressing for this secret FBI chart of potential Hillary Clinton crimes. The FBI should focus on this Clinton “matter” now that it is unencumbered by the corrupt  partisanship of Comey, McCabe, Strzok, Page, and the rest of their crowd.


Look for Our Expert Panel Presentation: ‘Investigating the Investigators’

I will be moderating a Judicial Watch panel on Wednesday, May 29, 2019, from 10 to 11 a.m. ET, to discuss “Investigating the Investigators,” and you definitely will want to see it.

Now that the Mueller report has exonerated President Trump of the false accusations of collusion and obstruction, it is time to look into the politicization of DOJ and the intelligence community in their effort to undermine the president.

Our expert panelists currently include:

Dr. Carter Page
Former Trump Campaign Advisor
Founder and Managing Partner of Global Natural Gas Ventures LLC

Victoria Toensing
Founding Partner
diGenova & Toensing LLP

Chuck Ross
Investigative Reporter
The Daily Caller News Foundation

Chris Farrell
Director of Investigations and Research
Judicial Watch

This is a strong lineup. Watch the panel live: www.judicialwatch.org/live. We will also livestream the panel on Facebook Live. Visit our Facebook page to watch.


Antifa Activist Ordered to Pay Our Legal Fees for Her ‘Frivolous’ Suit

A U.S. District Judge in California awarded us $22,000 in legal fees in a case filed by an Antifa organizer in an effort to block us from obtaining information about her activities.

Yvette Felarca, a middle school teacher in the Berkeley Unified School District (BUSD), and two co-plaintiffs were ordered to pay Judicial Watch $22,000 in attorney’s fees and $4,000 in litigation costs. Felarca had sued the BUSD in federal court to keep the school district from fulfilling its legal obligation to provide us with records of their communications mentioning: Felarca, Antifa, and/or BAMN. We also asked for Felarca’s personnel file.

Felarca is a prominent figure in By Any Means Necessary (BAMN), a group founded by the Marxist Revolutionary Workers League that protests conservative speaking engagements. In 2016, Felarca and two of her allies were arrested and charged with several crimes, including felony assault, for inciting a riot in Sacramento. Earlier this year, Felarca was ordered to stand trial for assault.

U.S. District Judge Vince Chhabria, Northern District of California, who had previously ruled that Felarca’s lawsuit was “entirely frivolous,” wrote in his ruling awarding legal fees to us that Felarca and her co-plaintiffs’ First Amendment claims were “premised on the obviously baseless assumption” that the First Amendment condemns the speech of some while condoning the ideological missions of others.

Judge Chhabria added that “The plaintiffs also mischaracterized the documents under review” and that the plaintiffs “failed to grapple with the role Ms. Felarca played in making herself a topic of public discourse through her physical conduct at public rallies and her voluntary appearance on Fox News.”

Judge Chhabria’s order also states that “a significant portion of the documents the plaintiffs initially sued to protect from disclosure had been publicly disclosed months earlier in another suit brought by Ms. Felarca against BUSD, where she was represented by the same counsel. (See generally Felarca v. Berkeley Unified School District, No. 3:16-cv-06184-RS). The plaintiffs, therefore, had no reasonable argument to protect those documents from disclosure.”

Along with Felarca’s $20,000 payment, co-plaintiffs Lori Nixon and Larry Stefl were ordered by Judge Chhabria to pay us $1,000 each (Yvette Felarca, et al., v. Berekely Unified School District, et al. (No. 3:17-cv-06282-VC)).

“Judicial Watch is entitled to attorney’s fees because the plaintiffs’ lawsuit was frivolous, and their litigation conduct was unreasonable,” Judge Chhabria wrote in his order.

Additionally, Judge Chhabria’s order holds the plaintiffs “jointly and severally liable” to pay Judicial Watch $4,000 in litigation expenses.

In 2017, we filed a California Public Records Act (CPRA) request seeking public records information about Felarca’s Antifa activism and its effect within the Berkeley Unified School District. In her lawsuit aimed at keeping the Berkeley school district from furnishing the records, Felarca alleged that we were misusing the law for political means and the district should refuse to provide the information.

In January 2018, a separate judge ordered Felarca to pay more than $11,000 in attorney and court fees for her frivolous attempt to get a restraining order against Troy Worden, the former head of the University of California (UC) Berkeley College Republicans.

This is a huge victory for us against Antifa and the violent left. Ms. Felarca attacked us without basis, and the court was right to reject her ploy to deny our “right to know” because we don’t share her violent leftist views.


Honoring the Fallen on Memorial Day

Memorial Day helps our nation focus on the ultimate sacrifice of untold numbers of fellow Americans – Americans who gave their lives in defense of our nation and its ideals.

As we honor those heroes next week, I’d like to draw your attention to Veterans Day speech given in 1985 by then-President Ronald Reagan. Much of his speech applies to the Memorial Day, especially this portion, which remains timely today:

And the living have a responsibility to remember the conditions that led to the wars in which our heroes died. Perhaps we can start by remembering this: that all of those who died for us and our country were, in one way or another, victims of a peace process that failed; victims of a decision to forget certain things; to forget, for instance, that the surest way to keep a peace going is to stay strong. Weakness, after all, is a temptation — it tempts the pugnacious to assert themselves — but strength is a declaration that cannot be misunderstood. Strength is a condition that declares actions have consequences. Strength is a prudent warning to the belligerent that aggression need not go unanswered.

Peace fails when we forget what we stand for. It fails when we forget that our Republic is based on firm principles, principles that have real meaning, that with them, we are the last, best hope of man on Earth; without them, we’re little more than the crust of a continent. Peace also fails when we forget to bring to the bargaining table God’s first intellectual gift to man: common sense. Common sense gives us a realistic knowledge of human beings and how they think, how they live in the world, what motivates them. Common sense tells us that man has magic in him, but also clay. Common sense can tell the difference between right and wrong. Common sense forgives error, but it always recognizes it to be error first.

We endanger the peace and confuse all issues when we obscure the truth; when we refuse to name an act for what it is; when we refuse to see the obvious and seek safety in Almighty. Peace is only maintained and won by those who have clear eyes and brave minds.

I’d like to think many Americans have “clear eyes and brave minds,” and these patriots desire the same qualities in our political and judicial leaders. It certainly reflects Judicial Watch’s modest approach to our efforts.

 

Have a safe and blessed Memorial Day!