To provide some context for this letter, even beyond what is stated by Senators Grassley and Johnson, it is worthwhile remembering the 300 pages of text messages between FBI Deputy Director Andrew McCabe and his DOJ lawyer Lisa Page were originally revealed in March of 2019.   Catherine Herridge reported on two of those pages.

Today Grassley and Johnson send a letter [pdf here] asking FBI Director Chris Wray to stop stonewalling congressional oversight and provide the text messages.  Within the letter the senators outline a few examples highlighting how McCabe and Page were coordinating FBI leaks to their media allies during a key and critical time-frame:

(source pdf – also embed below)

Those 2016 text messages were during the time when an internal argument was taking place about the need for McCabe to recuse himself from the reopening of the Clinton email investigation because he tried to bury the Weiner laptop emails for 28-days in October.

Here’s the letter from Grassley and Johnson:

.

Here’s the background:

Within this interview below Mr. Comey is questioned about the announcement of re-opening of the Hillary Clinton email investigation on October 28th, 2016.

In his response to why there was a delay between the FBI being notified by New York on September 28th, and waiting until October 28th, James Comey revealed a very important nugget.

The New York U.S. Attorney (SDNY) called Main Justice in DC to ask about why they were not receiving authority for a search warrant. We knew that call took place on October 21st, 2016. Now we know “why” and who New York called at DOJ HQ.

Listen closely to James Comey at 06:06 to 07:30 of the interview (prompted):

Baier: “Did you know that Andrew McCabe, your deputy, had sat on that revelation about the emails”?

Comey: “Yeah, I don’t know that, I don’t know that to be the case. I do know that New York and FBI headquarters became aware that there may be some connection between Weiner’s laptop and the Clinton investigation, weeks before it was brought to me for decision – and as I write in the book I don’t know whether they could have moved faster and why the delay”

Baier: “Was it the threat that New York Agents were going to leak that it existed really what drove you to the ‘not conceal’ part?

Comey: “I don’t think so. I think what actually drove it was the prosecutors in New York who were working the criminal case against Weiner called down to headquarters and said ‘are we getting a search warrant or not for this’? That caused, I’m sorry, Justice Department Headquarters, to then call across the street to the FBI and poke the organization; and they start to move much more quickly. I don’t know why there was, if there was slow activity, why it was slow for those first couple of weeks.”

There’s some really sketchy stuff going on in that answer. Why would SDNY need to get authorization for a search warrant from DC, if this is about Weiner’s laptop? Yes, you could argue it pertains to a tightly held Clinton investigation run out of DC but the Weiner prosecution issues shouldn’t require approval from DC.

But let’s take Comey at face-value…. So there we discover it was justice officials within SDNY (Southern District of New York) who called Main Justice (DOJ in DC) and asked about a needed search warrant for “this”, presumably Weiner’s laptop by inference. Now, let’s go look at the Page/Strzok description of what was going on.

Here are the messages from Lisa Page and Peter Strzok surrounding the original date that New York officials notified Washington DC FBI. It’s important to note the two different entities: DOJ -vs- FBI.

According to the September 28, 2016, messages from FBI Agent Peter Strzok it was the SDNY in New York telling Andrew McCabe in DC about the issue. Pay close attention to the convo:

(pdf source for all messages here)

Notice: “hundreds of thousands of emails turned over by Weiner’s attorney to SDNY”.

Pay super close attention. This is not an outcome of a New York Police Dept. raid on Anthony Weiner. This is Weiner’s attorney going to the U.S. attorney and voluntarily turning over emails. The emails were not turned over to the FBI in New York, the actual emails were turned over to the U.S. Attorney in the Southern District.

Key point here: Weiner’s attorneys turned over “emails”. Actual “emails”.

♦If the U.S. Attorney in New York has the actual physical emails on September 28th, 2016, why would they need a search warrant on October 21st, 2016? (Comey’s call explanation)

♦Why would Weiner’s attorney be handing over evidence?

Think about this carefully. I’ll get back to the importance of it later; but what I suspect is that Weiner had physical material that was his “insurance policy” against anything done to him by Hillary Clinton. Facing a criminal prosecution Weiner’s lawyer went to the U.S. Attorney and attempted to exploit/leverage the content therein on his client’s behalf.

Fast forward three weeks, and we go back to FBI in DC.

On October 21, 2016, this is the call referenced by James Comey in the Bret Baier interview. Someone from New York called “Main Justice” (the DOJ National Security Division in DC) and notified DOJ-NSD Deputy Asst. Attorney General George Toscas of the Huma Abedin/Hillary Clinton emails via the “weiner investigation”.

[I would point out again, he’s not being notified of a laptop, Toscas is notified of “emails”]

George Toscas “wanted to ensure information got to Andy“, FBI Deputy Director Andrew McCabe…. so he called FBI Agent Peter Strzok…. who told George Toscas “we know”.

Peter Strzok then tells Bill Priestap.

Of course, Deputy Director Andrew McCabe already knew about the emails since September 28th, 2016, more than three weeks earlier.

In his Bret Baier interview FBI Director James Comey says this call is about a search warrant. There is no indication the call is actually about a search warrant. [Nor would there be a need for a search warrant if the call was actually about the emails that Wiener’s attorney dropped off on 9/21].

However, that phone call kicks off an internal debate about the previously closed Clinton email investigation; and Andrew McCabe sitting on the notification from New York for over three weeks – kicks off an internal FBI discussion about McCabe needing to recuse himself.

Now it’s October 27th, 2016, James Comey chief-of-staff Jim Rybicki wants McCabe to recuse himself. But Rybicki is alone on an island. Lisa Page is furious at such a suggestion, partly because she is McCabe’s legal counsel and if McCabe is recused so too is she.

At the same time as they are debating how to handle the Huma Abedin/Hillary Clinton emails, they are leaking to the media to frame a specific narrative.

Important to note here, that at no time is there any conversation -or hint of a conversation- that anyone is reviewing the content of the emails. The discussions don’t mention a single word about content… every scintilla of conversation is about how to handle the issues of the emails themselves. Actually, there’s not a single person mentioned in thousands of text messages that applies to an actual person who is looking at any content.

Quite simply: there is a glaringly transparent lack of an “investigation”.

Within this “tight group” at FBI, as Comey puts it, there is not a single mention of a person who is sitting somewhere looking through the reported “600,000” Clinton emails that was widely reported by media. There’s absolutely ZERO evidence of anyone looking at emails or scouring through laptop data…. and FBI Agent Peter Strzok has no staff under him who he discusses assigned to such a task…. and Strzok damned sure ain’t doing it. So what gives?

Moving on – Note to readers. Click the graphics and read the notes on them too:

It’s still October 27th, 2016, the day before James Comey announces his FBI decision to re-open the Clinton investigation. Jim Rybicki still saying McCabe should be recused from input; everyone else, including FBI Legal Counsel James Baker, is disagreeing with Rybicki and siding with Lisa Page.

Meanwhile the conversation has shifted slightly to “PC”, probable cause. Read:

While Lisa Page is leaking stories to Devlin Barrett (Wall Street Journal), the internal discussion amid the “small group” is about probable cause.

The team is now saying if there was no probable cause when Comey closed the original email investigation in July 2016 (remember the very tight boundaries of review), then there’s no probable cause in October 2016 to reopen the investigation regardless of what the email content might be.

This appears to be how the “small group” or “tight team” justify doing nothing with the content received from New York. They received the emails September 28th and it’s now October 27th, and they haven’t even looked at it. Heck, they are debating if there’s even a need to look at it.

Then on October 28th, 2016, the FBI and Main Justice officials have a conference call about the entire Huma Abedin/Hillary Clinton email issue. Here’s where it gets interesting.

George Toscas and David Laufman from DOJ-NSD articulate a position that something needs to happen likely because Main Justice is concerned about the issue of FBI (McCabe) sitting on the emails for over three weeks without any feedback to SDNY (New York).

Thanks to Deputy Director McCabe, Main Justice in DC, specifically DOJ National Security Division, now looks like they are facilitating a cover-up operation being conducted by the FBI “small group”. [which is actually true, but they can’t let that be so glaringly obvious].

As a result of the Top-Tier officials conference call, Strzok is grumpy agent because his opinion appears to be insignificant. The decision is reached to announce the re-opening of the investigation. This sends Lisa Page bananas…

…In rapid response mode Lisa Page reaches out to Devlin Barrett, again to quickly shape the media coverage. Now that the world is aware of the need for a Clinton email investigation 2.0 the internal conversation returns to McCabe’s recusal.

Please note within all of the released communication, emails and texts, at no time is anyone in the FBI directing an actual investigation of the content of the Clinton emails. Every single second of every FBI effort is devoted to shaping the public perception of the need for the investigation.

The FBI group is seeding media with voluminous leaks; every media outlet is being scoured and watched; every article is being read; and the entire apparatus of the FBI small group are shaping coverage by contacting their leak outlets.

GO EVEN DEEPER:

So let’s go back to that Comey interview:

♦What exactly would SDNY need a search warrant for?

♦Anthony Weiner’s lawyer has delivered SDNY actual emails. Why would he do that?

Now lets connect those questions to an earlier report.

According to ABC News Comey writes in “A Higher Loyalty: Truth, Lies and Leadership,” that he became the public face of the investigation partly because of a mysterious development which he felt could cast “serious doubt” on Lynch’s independence.

“Had it become public, the unverified material would undoubtedly have been used by political opponents to cast serious doubt on the attorney general’s independence in connection with the Clinton investigation,” Comey writes, according to ABC. He calls the material a “development still unknown to the American public to this day.” (ABC Link)

On page six of the IG report on Andrew McCabe (point number 4) we find a conference call between Loretta Lynch, Andrew McCabe and the FBI field office in New York where the subject of the Weiner/Abedin/Clinton email findings overlap with: the Clinton Foundation (CF) investigation; the Clinton Email investigation; pressure for Asst. Director McCabe to recuse himself, and Washington DC via Loretta Lynch using DOJ Main Justice leverage from the Eric Garner case against the NY FBI office and New York Police Department.

From the OIG report:

4. The Attorney General Expresses Strong Concerns to McCabe and other FBI Officials about Leaks, and McCabe Discusses Recusing Himself from CF Investigation (October 26, 2016)

McCabe told the OIG that during the October 2016 time frame, it was his “perception that there was a lot of information coming out of likely the [FBI’s] New York Field Office” that was ending up in the news. McCabe told the OIG that he “had some heated back-and-forths” with the New York Assistant Director in Charge (“NY-ADIC”) over the issue of media leaks.

On October 26th, 2016, McCabe and NY-ADIC participated in what McCabe described as “a hastily convened conference call with the Attorney General who delivered the same message to us” about leaks, with specific focus being on leaks regarding the high-profile investigation by FBI’s New York Field Office into the death of Eric Garner. McCabe told us that he “never heard her use more forceful language.” NY-ADIC confirmed that the participants got “ripped by the AG on leaks.”

According to NY-ADIC’s testimony and an e-mail he sent to himself on October 31, McCabe indicated to NY-ADIC and a then-FBI Executive Assistant Director (“EAD”) in a conversation after Attorney General Lynch disconnected from the call that McCabe was recusing himself from the CF Investigation.

(Page #6 and #7 – IG Report Link)

What makes this explosive is the timing, and what we now know about what was going on amid the FBI “small group” in DC.

On September 28th, 2016, Andrew McCabe was made aware of emails given to New York U.S. Attorney (SDNY) directly from Anthony Weiner’s lawyer. Again, the information relayed to DC is not about a Weiner laptop, it’s about actual emails delivered by Weiner’s lawyer. The laptop was evidence in the Weiner “sexting” case involving a minor; however, the laptop did, reportedly, also contained thousands of State Department documents from Hillary Clinton and her aide Huma Abedin, Weiner’s wife.

When Weiner’s lawyer walked into SDNY to deliver his leverage emails, Preet Bharara, a Clinton-Lynch ally, was the United States Attorney.

Again, look at the text messages between FBI Agent Peter Strzok (Inbox) and FBI Special Counsel to Andrew McCabe, Lisa Page (Outbox):

[The letter to “Congress” at the end of the text exchange relates to notification of the re-opening of the Clinton investigation – Actual date of notification 10/28/16]

According to later reporting, FBI Director James Comey was not notified of the emails until after October 21st, 2016. However, in late October and early November, there were reports from people with contacts in New York police and New York FBI, about Washington DOJ officials interfering with the Weiner investigation.

On the same date (October 26th, 2016) as the Lynch, McCabe and NY FBI phone call, former NY Mayor Rudy Giuilani was telling Fox News that an explosive development was forthcoming. Two days later, October 28th, 2016, Congress was notified of the additional Clinton emails.

However, a few more days later, November 4th, 2016, an even more explosive development as Erik Prince appeared on radio and outlined discoveries within the Huma Abedin/Anthony Weiner/Hillary Clinton email issues that was being blocked by AG Lynch.

Prince claimed he had insider knowledge of the investigation that could help explain why FBI Director James Comey had to announce he was reopening the investigation into Clinton’s email server last week.

“Because of Weinergate and the sexting scandal, the NYPD started investigating it. Through a subpoena, through a warrant, they searched his laptop, and sure enough, found those 650,000 emails. They found way more stuff than just more information pertaining to the inappropriate sexting the guy was doing,” Prince claimed.

“They found State Department emails. They found a lot of other really damning criminal information, including money laundering, including the fact that Hillary went to this sex island with convicted pedophile Jeffrey Epstein. Bill Clinton went there more than 20 times. Hillary Clinton went there at least six times,” he said.

“The amount of garbage that they found in these emails, of criminal activity by Hillary, by her immediate circle, and even by other Democratic members of Congress was so disgusting they gave it to the FBI, and they said, ‘We’re going to go public with this if you don’t reopen the investigation and you don’t do the right thing with timely indictments,’” Prince explained.

“I believe – I know, and this is from a very well-placed source of mine at 1PP, One Police Plaza in New York – the NYPD wanted to do a press conference announcing the warrants and the additional arrests they were making in this investigation, and they’ve gotten huge pushback, to the point of coercion, from the Justice Department, with the Justice Department threatening to charge someone that had been unrelated in the accidental heart attack death of Eric Garner almost two years ago. That’s the level of pushback the Obama Justice Department is doing against actually seeking justice in the email and other related criminal matters,” Prince said. (Link)

An earlier Grand Jury in New York had refused to return an indictment against the NYPD in the Garner case. As an outcome of that grand jury finding, and as an outcome of their own investigation, the local FBI office and Eastern District of New York DOJ office was not trying to pursue criminal charges against the NYPD officers involved. This created a dispute because federal prosecutors (EDNY) and FBI officials in New York opposed bringing charges, while prosecutors with the Civil Rights Division at the Justice Department in Washington argued there was clear evidence to do so.

On October 25th, 2016, Loretta Lynch replaced the EDNY New York prosecutors:

New York Times (Oct. 25) – The Justice Department has replaced the New York team of agents and lawyers investigating the death of Eric Garner, officials said, a highly unusual shake-up that could jump-start the long-stalled case and put the government back on track to seek criminal charges.

With that move – on Oct. 25th, 2016, AG Lynch was now in position to threaten criminal prosecutions against the NYPD, and repercussions against the NY FBI and EDNY using the Garner case as leverage, just like Erik Prince outlined in the phone interview above.

Additionally, we see confirmation from the IG report, the Garner case was brought up in the next day (Oct 26, 2016) phone call to the NY FBI field office; just as Erik Prince outlined. Obviously Prince’s sources were close to the events as they unfolded.

The NY FBI and Eastern District of New York (EDNY) were threatened by Washington DC Main Justice and FBI, via Loretta Lynch and Andrew McCabe to drop the Clinton/Abedin/Weiner email investigation matters, or else the Garner DOJ Civil Rights Division would be used as leverage against the NYPD. And Loretta Lynch had SDNY U.S. Attorney Preet Bharara as the enforcer waiting for her call.

And so it was…

“Had it become public, the unverified material would undoubtedly have been used by political opponents to cast serious doubt on the attorney general’s independence in connection with the Clinton investigation,” Comey writes, according to ABC. He calls the material a “development still unknown to the American public to this day.” (ABC Link)

The emails Anthony Weiner’s lawyer brought to Preet Bharara was Weiner’s leverage to escape prosecution. Likely those emails were exactly as Eric Prince sources outlined. However, the SDNY responding to upper level leadership buried those emails.

In DC the FBI (Comey and McCabe) created the appearance of a re-opening of the Clinton investigation to keep control and ensure the investigative outcomes remained out of the hands of the Eastern District (EDNY) and New York FBI field office. They had no choice.

However, once the FBI opened the investigation October 28th, they did exactly the same thing they had done from September 28th to October 28th… they did nothing.

A few days later they declared the second investigation closed, and that was that.

They never expected her to lose.

Donald Trump became an immediate risk…