Jumpin’ ju-ju bones, there’s big news in here. Actual Bombshells! For real Tick Tocks and much much more….
Former acting Attorney General Matt Whitaker appeared on Fox News to discuss the replacement of Dan Coats with John Ratcliffe as head of the ODNI, and the current status of AG Bill Barr’s ongoing reviews into prior DOJ and FBI (mis)conduct.
Whitaker posits the placement of Ratcliffe as looking at the aggregate intelligence apparatus and seeing if there “are systemic issues and failures for how the investigations were kicked-off”; and the engagements with other countries (FBI and CIA).
Additionally Whitaker summarizes U.S. Attorney John Durham as focused on the origin of the intelligence operation against candidate Trump and “prosecuting anyone that needs to be prosecuted“. [By the way, that seems to confirm Durham as an official “investigation”, not a “review”.]
Then comes the BOMBSHELL…. (@01:26 below) while seemingly not realizing what he just said, Whitaker outlines U.S. Attorney John Huber as reviewing “anything related to Comey’s memos and the like.” Boom… There it is.
THAT finally explains why the DOJ is fighting the release of the David Archey declarations in the FOIA lawsuit by CNN. [Listen carefully at 01:26 of the interview]
Until that obscure comment, likely a slip that not many would catch, there has been no valid explanation by the DOJ about any investigation of the Comey memos, which would also encompass the “Archey Declarations”.
If U.S. Attorney John Huber is indeed looking at those Comey memos, that would explain why the DOJ is fighting the release of the Archey Declarations in the DC Circuit Court with Judge James E Boasberg. Now it makes sense. That little obscure comment by Whitaker is a big effen’ deal.
Oddly, and, well, conspicuously, the DOJ has never said they were investigating the Comey Memos as an argument in their legal position in the FOIA case. That specific -albeit innocuous- statement by Whitaker (interview above) is the first indication therein.
It sounds like the DOJ is keeping that investigation of Comey’s Memo content hidden, but Whitaker just let it slip.
With that new information; and if it is a fact that U.S. Attorney John Huber is investigating James Comey; CTH will now reverse our position on the release of the Archey Declarations and support their non-release.
In our opinion the content of the diary by former FBI Director James Comey, as outlined in what has formally been called “The Comey Memos”, is devastating to the FBI.
How do we know? Because the DOJ/FBI is fighting like hell to keep even descriptions of the memo(s) content from becoming public. Now it appears that diary is being reviewed by U.S. Attorney John Huber.
THAT MEANS…. FBI Director James Comey is under investigation.
BACKSTORY – In the background of what was The Mueller Investigation, there was a FOIA case where the FBI was fighting to stop the release of the Comey memos.
Within that courtroom fight Mueller’s lead FBI agent David Archey wrote a series of declarations to the court describing the content of the memos and arguing why they should be kept classified.
The FOIA fight shifted.
The plaintiff, CNN, argued for public release of the content of the FBI agent’s descriptions, now known as the “Archey Declarations”.
After a lengthy back-and-forth legal contest, on June 7th Judge James E Boasberg agreed to allow the FBI to keep the Comey memo content hidden, but instructed the DOJ/FBI to release the content of the Archey Declarations.
On July 5th, the U.S. Department of Justice -under Attorney General Bill Barr- while waiting until the last minute (28 days since court order), filed a motion [full pdf below] to block the release of the Archey Declarations, despite the June 7th judicial order.
On July 19th, CNN filed a motion against the FBI and DOJ to force the release of the Archey Declarations (full pdf below), and enforce the order.
On July 25th, the DOJ filed a response requesting more time to reply. The DOJ is currently asking for more time, a delay until August 2nd, to file a response to a supportive motion from CNN that would force the DOJ to release the “Archey Declarations” [detailed explanations of what’s inside the Comey Memos].