Judicial Watch Demand FBI Recover Records Removed by James Comey

James Comey Noes Hair
Judicial Watch Demands FBI Recover Records Unlawfully Removed by Former Director James Comey – Warns of Lawsuit

Judicial WatchWashington, DC-(Ammoland.com)- Judicial Watch today announced it sent Acting FBI Director Andrew G. McCabe a warning letter concerning the FBI’s legal responsibility under the Federal Records Act (FRA) to recover records, including memos Comey subsequently leaked to the media, unlawfully removed from the Bureau by former Director James Comey.

The June 14 letter from Judicial Watch President Tom Fitton states:

As you are well aware, former FBI Director James Comey gave sworn testimony last week before the Senate Select Committee on Intelligence. Among other things, Mr. Comey confirmed that, while in office, he created various memoranda regarding his meetings with President Trump. Mr. Comey also confirmed that, after his departure from the FBI, he provided at least some of these memoranda to a third party, Columbia Law School Professor Daniel Richman, for the purpose of leaking them to the press. Various media outlets now have reported that Professor Richman has provided these memoranda to the FBI. It is unclear whether he still retains copies of the memoranda.

I am writing to you on behalf of Judicial Watch, Inc., a not-for-profit educational organization that seeks to promote transparency, accountability, and integrity in government and fidelity to the rule of law. In furtherance of its public interest mission, Judicial Watch regularly requests access to the records of the FBI through the Freedom of Information Act and disseminates its findings to the public. In fact, on May 16, 2017, Judicial Watch submitted a FOIA request seeking these specific memoranda removed from the FBI by Mr. Comey. Judicial Watch also has pending FOIA lawsuits in which the memoranda may be at issue.

These memoranda were created by Mr. Comey while serving as FBI director, were written on his FBI laptop, and concerned official government business. As such, they indisputably are records subject to the Federal Records Act. 44 U.S.C. §§ 2101-18, 2901-09, 3101-07, and 3301-14. The fact that Mr. Comey removed these memoranda from the FBI upon his departure, apparently for the purpose of subsequently leaking them to the press, confirms the FBI’s failure to retain and properly manage its records in accordance with the Federal Records Act. Even if Mr. Comey no longer has possession of these particular memoranda, as he now claims, some or all of these memoranda may still be in possession of a third party, such as Professor Richman, and must be recovered. Mr. Comey’s removal of these memoranda also suggests that other records may have been removed by Mr. Comey and may remain in his possession or in the possession of others. If so, these records must be recovered by the FBI as well.

As you may be aware, the Federal Records Act imposes a direct responsibility on you to take steps to recover any records unlawfully removed from the FBI. Specifically, upon learning of “any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency,” you must notify the Archivist of the United States. 44 U.S.C. § 3106. Upon learning that records have been unlawfully removed from the FBI, you then are required to initiate action through the Attorney General for the recovery of records. Id.

In the event you fail to take these steps, you should be aware that Judicial Watch is authorized under the law to file a lawsuit in federal district court seeking that you be compelled to comply with the law. Judicial Watch, Inc. v. Kerry, 844 F.3d 952, 955 (D.C. Cir. 2016); Armstrong v. Bush, 924 F.2d 282,296 (D.C. Cir. 1991). Please advise us no later than June 26, 2017 if you intend to take the action required under the law. If we do not hear from you by that date, we will assume that you do not intend to take any action. Thank you for your attention to this matter.

“Mr. Comey took government records and the FBI and Justice Department are obligated to get them back,” added Judicial Watch President Tom Fitton. “The former FBI director isn’t above the law and current leadership of the FBI should stop protecting him and take action.”

Judicial Watch is pursuing a lawsuit challenging the State Department’s failure to take any action to recover emails of former Secretary of State Hillary Clinton and other employees unlawfully removed from the agency seeks to force State Department compliance with the Federal Records Act (FRA). Judicial Watch argues the State Department and FBI never bothered to do a full search for Hillary Clinton’s government emails. This is one of several of Judicial Watch’s FOIA lawsuits seeking government records and information about the non-government email system used by Clinton.

About Judicial Watch

Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.

For more information, visit: www.JudicialWatch.org.

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Darren Lovelace
Darren Lovelace
4 years ago

Violations of the Peace Under the United Nations Charter against Americans as a group is very serious. The destruction of Justice and the US Constitution will leave our nuclear launch codes in the hands of the criminally insane.

William M Butler, MSG USA rwt
William M Butler, MSG USA rwt
4 years ago

This guy is not the choir boy he wants us to think he is! Comey is a survivor in politics and will use anything to protect himself and screw anyone that he feels is a threat to him.

Jeff D.-Mass.
Jeff D.-Mass.
4 years ago

I hope President Trump has a huge dick and sticks it right up Comedy’s ass for what he did!!

Eaglesnester
Eaglesnester
4 years ago

Eventually I suspect that they will uncover much more than they anticipated as the lawless acts committed by the Obama administration are almost too numerous to mention. Some of the bovine scat will stick.

Wild Bill
Wild Bill
4 years ago

How did James Comey have access to remove records, after he was fired?

CountryBoy
CountryBoy
4 years ago
Reply to  Wild Bill

He did if before he was fired…… Comey falsely stated in his deposition that he furnished the memos AFTER he was Fired….. But the memo information showed up in an article the Day BEFORE he was Fired….

The Revelator
The Revelator
4 years ago
Reply to  CountryBoy

Already nailed him for that almost a year ago Oldvet. Did you ever get to see his “Testimony” and questioning before Trey Gowdy over the Clinton Email investigation? The guy got caught in a big lie, having stepped into a trap the Congressman set up through good questioning.

For anyone interested, these are a great watch.
https://www.youtube.com/watch?v=f6Enlrcym4M
https://www.youtube.com/watch?v=7A-AQ01tEGw
https://www.youtube.com/watch?v=7snN8YZsh-c

Chaffetz used to do a great job as well.
https://www.youtube.com/watch?v=_-fOaa7211c
https://www.youtube.com/watch?v=orMtrR2duc4

Macofjack
Macofjack
4 years ago
Reply to  Wild Bill

, I’ve seen posts that Hillary Clinton still has her security clearance and ability to read (and I would guess alter) records at will. The government is not doing a good job keeping the foxes out of the hen house!

Wild Bill
Wild Bill
4 years ago
Reply to  Macofjack

@Maco, If true, that is more shocking than my pasture fence! Government is not the answer, it is the problem.