CREW and the Department of Justice have agreed to dismiss this lawsuit with prejudice. Read the stipulation of dismissal below.
CREW sued the FBI over the agency’s failure to release documents under the Freedom of Information Act (FOIA) related to the FBI’s investigation into the illegal leak of information to Rudy Giuliani. Giuliani had advance knowledge through a leak that then-FBI Director James Comey was going to reopen the investigation into Hillary Clinton’s use of a personal email system.
On October 28, 2016, 11 days before the presidential election, FBI director Comey announced that the FBI was reopening its investigation into Clinton’s emails. Two days before, Giuliani went on Fox News and said, “I do think that all of these revelations about Hillary Clinton are beginning to have an impact. He’s got a surprise or two that you’re going to hear about in the next two days.” He later admitted to getting advanced information about the FBI, saying, “Did I hear about it? You’re darn right I heard about it. And I can’t even repeat the language that I heard.”
Comey confirmed in recent testimony before Congress that he had ordered an investigation into the leak to Giuliani. CREW filed a FOIA request on April 26, 2018 for documents on the investigation to shed light on whether FBI agents broke the law by leaking that information. Given Giuliani’s role as counsel for the President, how he got such sensitive information prior to the election is of heightened public interest. The FBI acknowledged the request but has not turned over any documents, so CREW filed suit.