Under the Freedom of Information Act, CREW requests:
Copies of all communications between any agents or employees of the Federal Bureau of Investigation (“FBI”) and any member of Congress or staff member or employee of Congress regarding any investigation related to former Secretary of State Hillary Clinton or former Rep. Anthony Weiner between October 15, 2016, and October 28, 2016. Investigations of Secretary Clinton include, but are not limited to, any investigation of her use of a personal email system and any investigation of the Clinton Foundation.
On October 28, 2016, FBI Director James B. Comey sent a letter to the chairs of eight congressional committees asserting that the FBI had learned of the existence of emails that “appear to be pertinent” to the investigation of Secretary Clinton’s use of a personal email server. Public disclosure of Director Comey’s letter was the subject of massive public attention amidst the presidential election between Secretary Clinton and Donald Trump. According to numerous news reports, Director Comey sent the letter in part out of fear that the discovery of the emails would be leaked by FBI agents or employees. Other new reports raised questions about whether members of Congress, including House Oversight Chairman Jason Chaffetz (R-UT), in fact, learned of the developments in the investigations into FBI leaks before Director Comey sent his letter.
Any unauthorized disclosure of information about an FBI investigation would violate the Privacy Act, 5 U.S.C. § 552a(b), and the Hatch Act, 5 U.S.C.§ 7323(2)(1), if the disclosure was made with the purpose of affecting the result of the election. Any unauthorized disclosure of information about an FBI investigation would violate the Privacy Act, 5 U.S.C. § 552a(b), and the Hatch Act, 5 U.S.C.§ 7323(2)(1), if the disclosure was made with the purpose of affecting the result of the election.
The requested records, therefore, would shed light on whether agents and employees violated federal law by disclosing information to members of Congress or their staffs.