Tom Fitton: JW Uncovers Rosenstein's
Secret Communications; State Dept. Forced to Release Smoking Gun; JW CA
Election Law Victory!

Judicial Watch
Uncovers Rosenstein Email to Mueller: ‘The Boss’ Doesn’t
Know We’re Talking
Rod Rosenstein, who was once a deputy attorney general, is a key
figure in enabling, at a minimum, the Deep State’s seditious
attacks on President Trump.
More proof is in new documents uncovered by a Judicial Watch lawsuit.
Specifically, we forced the release of 145
pages of Rosenstein’s communications that include a
one-line email from
Rosenstein to Mueller stating, “The boss and his staff do not know
about our discussions.” They also include “off the record”
emails with major media outlets around the date of Mueller’s
appointment.
We filed a lawsuit to
get these documents after the Department of Justice failed
to respond to our September 21, 2018, Freedom of Information
Act (FOIA) request ( Judicial
Watch v. U.S. Department of Justice (No.
1:19-cv-00481)). We were seeking:
Any and all e-mails, text messages, or
other records of communication addressed to or received by Deputy Attorney
General Rod Rosenstein between May 8, 2017, and May 22,
2017.
The time period referred to in this suit is critical. On May 9,
2017, Rosenstein wrote a memo
to President Trump recommending that FBI Director James Comey be fired.
That day, President Trump fired Comey. Just three days later, on May
12, Rosenstein sent an email assuring
Robert Mueller that, “The boss and his staff do not know about our
discussions.” (It is not clear if the “boss” is then-AG Sessions
or President Trump.)
In a May 16, 2017, email,
sent the day before Mueller’s appointment, Rosenstein emailed former
Bush administration Deputy Attorney General and current Kirkland & Ellis
Partner Mark Filip stating, “I am with Mueller. He shares my
views. Duty Calls. Sometimes the moment chooses us.”
The next day, May 17, Rosenstein appointed former
FBI Director Robert Mueller to investigate Russian meddling in the 2016
presidential election.
During the same period, between May 8 and May 17, Rosenstein met
with then-acting FBI Director Andrew McCabe and other senior Justice
Department FBI officials to discuss wearing
a wire and invoking the 25th Amendment to remove President
Trump.
The documents also show that, again during the same time
period, Rod Rosenstein was in direct communication with reporters
from 60 Minutes, The New York Times and The Washington
Post. In an
email exchange dated May 2017, Rosenstein communicated
with New York Times reporter Rebecca Ruiz to provide background
for this
article about himself. Ruiz emailed Rosenstein a draft
of the article, and he responded with off-the-record comments and
clarifications.
- In an
email exchange on May 17, 2017, the day of Mueller’s
appointment, Rosenstein exchanged emails with 60 Minutes producer
Katherine Davis in which he answered off-the-record questions about
Mueller’s scope of authority and chain of command:
Rosenstein: “Off the record: This special
counsel is a DOJ employee. His status is similar to a US
Attorney.”
Davis: “Good call on Mueller. Although I
obviously thought you’d be great at leading the investigation
too.”
- On May 17, 2017, in an
email exchange with Washington Post journalist Sari
Horwitz with the subject line “Special Counsel,”
Rosenstein and Horwitz exchanged:
Rosenstein “At some point, I owe you
a long story. But this is not the right time for me to talk to
anybody.”
Horwitz: “Now, I see why you
couldn’t talk today! Obviously, we’re writing a
big story about this Is there any chance I could talk to you on
background about your decision?”
These astonishing emails further confirm the corruption behind
Rosenstein’s appointment of Robert Mueller. They also show a
shockingly cozy relationship between Mr. Rosenstein and anti-Trump media
reporters.
Here’s some more background on the incredible finds from
this one Judicial Watch lawsuit.
On September 11, we released 14
pages of records from the Department of Justice showing
officials’ efforts in responding to media
inquiries about DOJ/FBI talks allegedly invoking the
25th Amendment to “remove” President Donald Trump from office and
former Deputy Attorney General Rod Rosenstein offering to wear a “wire”
to record his conversations with the president.
On September 23, we released a two-page
memo, dated May 16, 2017, by then-Acting FBI Director Andrew
McCabe detailing how then-Deputy Attorney General Rod Rosenstein proposed
wearing a wire into the Oval Office “to collect additional evidence on
the president’s true intentions.” McCabe writes that Rosenstein said he
thought it was possible because “he was not searched when he entered the
White House.”
As the “coup” targeting President Trump continues
through the House impeachment abuse, it is important to remember that
its origins are in the Deep State agencies – especially the FBI and
DOJ.
Court Forces State Dept To Release Smoking
Gun Clinton Email
The Clinton email scandal is far from over. A federal court ordered
discovery in a major Judicial Watch lawsuit that will ultimately result in
nearly 20 witnesses having to testify under oath to our attorneys. And, and
thanks to the court’s orders, we’re also getting new documents proving
the Clinton email cover-up. Specifically, the State
Department released a previously hidden email showing that
top State Department officials used and were aware of Hillary Clinton’s
email account.
On December 24, 2010, Daniel Baer, an Obama State Department deputy
assistant secretary of state, writes to Michael Posner, a then-assistant
secretary of state about Clinton’s private email address:
Baer: “Be careful, you just gave the
secretary's personal email address to a bunch of folks ...”
Posner answers: “Should I say don't
forward? Did not notice”
Baer responds: “Yeah-I just know that she
guards it pretty closely”
Posner had forwarded Clinton’s email address, which was
contained in an email sent to State Department senior leadership, about
WikiLeaks.
It appears that the State Department produced this email in 2016
in redacted
form, blacking out Clinton’s personal email address and the
discussion about Clinton’s wanting to keep her email address closely
guarded.
We sought the email after a former top Freedom of Information Act
(FOIA) State Department official testified to us about
reviewing it between late 2013 and early 2014.
The testimony and the email production come in discovery granted
to us on the Clinton email issue in a FOIA lawsuit ( Judicial
Watch v. U.S. Department of State (No. 1:14-cv-01242)).
Clinton also faces potential questioning under oath in this
lawsuit.
Despite a recent court
order requiring production of the email, the DOJ and State
Departments only produced it 10 days ago after we threatened to
seek a court order to compel its production.
In other words, we just caught the State Department and DOJ red-handed
in another email cover-up. They all knew about the Clinton email
account but covered up the smoking-gun email showing this guilty knowledge
for years.
The scope of court-ordered discovery that produced this email find
includes: whether Secretary Clinton used private email in an effort to
evade the Freedom of Information Act (FOIA); whether the State
Department’s attempt to settle this FOIA case in 2014 and 2015 amounted
to bad faith; and whether the State Department has adequately searched for
records responsive to our FOIA request.
During a recent hearing,
Judge Lamberth specifically raised concerns about a Clinton email
cache, [email protected], discussed in a letter to
Senator Charles Grassley (R-IA) and wants Judicial Watch to “ shake
this tree” on this issue.
Judge Lamberth also criticized the
State Department’s handling and production of Clinton’s emails in this
case stating, “There is no FOIA [Freedom of Information Act] exemption
for political expedience, nor is there one for bureaucratic
incompetence.”
The court rejected DOJ and State efforts to derail further Judicial Watch
discovery. Judge Lamberth called their arguments “preposterous” and
cited a prior Judicial Watch FOIA case in which he ordered U.S. Marshals
to seize
records from a Clinton administration official.
Judge Lamberth detailed how the State Department “spent three months from
November 2014 trying to make this case disappear,” and that after
discovering the State Department’s actions and omissions, “Now we know
more, but we have even more
questions than answers. So I won’t hold it against Judicial
Watch for expanding their initial discovery request now.”
Judge Lamberth stated his goal was to restore
the public’s faith in their government, which may have been
damaged because of the Clinton email investigation.
The court granted us seven
additional depositions, three interrogatories and four document requests
related to former Secretary of State Hillary Clinton’s use of a private
email server. Hillary Clinton and her former top aide and current lawyer
Cheryl Mills were given 30 days to oppose our depositions of
them.
On December 6, 2018, Judge Lamberth ordered Obama
administration senior State Department officials, lawyers and Clinton aides
to be deposed or answer written questions under oath. The court ruled that
the Clinton email system was “one of the gravest modern offenses to
government transparency.”
Our FOIA lawsuit led
directly to the disclosure of the Clinton email system in
2015.
Our discovery over the last several months found many more details
about the scope of the Clinton email scandal and cover-up:
- John Hackett, former Director of Information Programs and Services
(IPS), testified under
oath that he had raised concerns that former Secretary of State Hillary
Clinton’s staff may have “culled out 30,000” of the secretary’s
“personal” emails without following strict National Archives standards.
He also revealed that he believed there was interference with the formal
FOIA review process related to the classification of Clinton’s
Benghazi-related emails.
- Heather Samuelson, Clinton’s White House liaison at the State
Department, and later Clinton’s personal lawyer, admitted under
oath that she was granted immunity by the Department of Justice in June
2016.
- Justin Cooper, former aide to President Bill Clinton and Clinton
Foundation employee who registered the domain name of
the unsecure clintonemail.com server that Clinton used while
serving as Secretary of State, testified he
worked with Huma Abedin, Clinton’s deputy chief of staff, to create the
non-government email system.
- In the interrogatory
responses of E.W. (Bill) Priestap, assistant director of the FBI
Counterintelligence Division, he stated that the agency found Clinton email
records in the Obama White House, specifically the Executive
Office of the President.
- Jacob “Jake” Sullivan, Clinton’s senior advisor and deputy chief
of staff when she was secretary of state, testified that
both he and Clinton used her unsecure non-government email system to
conduct official State Department business.
- Eric Boswell, former assistant secretary of state for diplomatic
security during Clinton’s tenure as secretary of state, testified that
Clinton was warned twice against using unsecure BlackBerry’s and personal
emails to transmit classified material.
The court will next decide will whether Judicial Watch attorneys
can question Mrs. Clinton directly under oath – so stay
tuned….
A Judicial Watch Election Law Victory in
California
We thwarted Leftist Californians’ efforts to keep President Trump off the
2020 ballot.
A federal judge enjoined a California law requiring presidential
candidates to publicly disclose their tax returns. The
injunction was requested by Judicial Watch, President
Trump, and other challengers to the law.
California’s Presidential Tax Transparency and Accountability
Act (“SB 27”) requires presidential candidates
to disclose their tax returns for the past five years for
public posting on the internet. Candidates who refuse to do so
are barred from having their names printed
on California’s March 2020 primary ballot.
Judicial Watch’s lawsuit challenged the
law on behalf of four California voters, including two Republicans, a
Democrat, and an Independent. The
lawsuit alleged that SB 27 imposes candidate qualifications
beyond those allowed by the U.S.
Constitution’s Presidential Qualifications Clause and that it
violates voters First and Fourteenth Amendment rights
to associate with like-minded voters and to express their
preferences by means of their votes ( Jerry
Griffin et al. v. Alex Padilla (No.
2:19-cv-01477)). President Trump, the Republican National Committee,
and other candidates and private
litigants also filed legal challenges.
In his decision, Judge Morrison
C. England of the U.S. District Court for the Eastern District of
California observed that “there has never been a legal requirement
that any candidate for federal office disclose their tax
returns.” While he noted that SB 27 “was primarily intended
to force President Trump to disclose his tax returns,” Judge England
agreed with Judicial Watch that the
law particularly harmed California voters
by diminishing their ability “to cast an effective
vote” and to select the “presidential candidate of their
choice.”
Judge England ruled that Judicial Watch was likely to succeed on every one
of its claims. He stated that California’s scheme “tramples the
Framers’ vision of having uniform standards” for candidate
qualifications. He also found that the public had an
“extraordinary” interest in “ensuring that individual voters may
associate for the advancement of political beliefs and cast a vote for
their preferred candidate for President.” And he agreed with
President Trump that SB 27 was preempted by the federal Ethics in
Government Act.
As Judge England noted, nonpartisan counsel for the California
legislature had issued a written opinion stating that a prior version
of SB 27 was unconstitutional. Then-Governor Jerry Brown had vetoed that
prior version, also citing constitutional concerns.
Leftist California politicians, in their zeal to attack President Trump,
passed a law that also unconstitutionally victimizes California
voters and the U.S. Constitution. The court found this
anti-Trump scheme to game the 2020 elections to be obviously
unconstitutional.
Outrageously, California’s political leadership will continue to abuse
and waste taxpayer money by trying to appeal this sensible decision. They
should give up and stop trying to prevent voters from being able to vote
for the presidential candidate of their choice next year.
Until next week …

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