Fitton: FBI Notes on Clinton Emails Go Missing

Given the FBI’s repeated intransigence over the years in responding to our FOIA requests, I’m not of a mind to assume this story represents simply an innocent mistake.

The FBI has released 277 pages of redacted records that show the FBI failed to produce information from an August 2015 meeting with Intelligence Community Inspector General about Hillary Clinton’s email server. The FBI claimed that notes are “missing” and the CD containing notes from meeting is likely “damaged” irreparably.

The records, which were posted on the FBI’s website, are the 32nd release of documents in response to our 2016 Freedom of Information Act (FOIA) lawsuit, Judicial Watch v. U.S. Department of Justice (No. 1:16-cv-02046). We filed the lawsuit after the Justice Department failed to comply with a July 7, 2016, FOIA request for:

• All FD-302 forms prepared pursuant to the Federal Bureau of Investigation’s investigation of former Secretary of State Hillary Clinton’s use of a private e-mail server during her tenure.
• All records of communications between any agent, employee, or representative of the Federal Bureau of Investigation regarding, concerning, or related to the aforementioned investigation. This request includes, but is not limited to, any related communications with any official, employee, or representative of the Department of Justice, the Executive Office of the President, the Democratic National Committee, and/or the presidential campaign of Hillary Clinton.
• All records related to the meeting between Attorney General Lynch and former President Bill Clinton on June 27, 2016.

Included in the documents are February 2019 FBI electronic communications documenting the damaged CD and the missing notes from the August 3, 2015, meeting between FBI special agents and the ICIG about Clinton’s server:

For reference, Special Agents (SAs) [redacted] have been gathering and copying materials from the captioned case located in the Washington Field Office (WFO) CI-13 Workbox in response to a Freedom of Information Act (FOIA) tasking from Information Management Division (IMD; formerly known as Records Management Division).

On or about February 6, 2019, SAs [redacted] opened [redacted]-CYBER-1A27, which contained a CD with a crack on it (a damaged CD). SA [redacted] attempted to copy the damaged CD at the WFO Computer Analysis Response Team (CART) self-service area, but was not able to do so. SA [redacted] spoke with FBI information technology specialists on the ground floor of WFO regarding the damaged CD, who indicated it was unlikely the CD could be copied.

The electronic communication regarding the missing “Notes from Meeting” says:

On or about February 4, 2016, Special Agents (SAs) [redacted] attempted to locate [redacted] 1A4, described as “Notes from Meeting” acquired by [redacted] (see referenced serial). The SAs looked through all case materials in the CI-13 file and workbox area, however they were not able to locate this item.

SA [redacted] inquired with Supervisory Intelligence Analyst (SIA) [redacted] regarding the item, as he was previously the IA assigned to the case. SIA [redacted] contacted [redacted] regarding the item, who indicated he remembered handing over his case notes to...

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