Update:  Following the FBI’s refusal to turn over communications between its agents and James Kallstrom, Citizens for Responsibility and Ethics in Washington (CREW) sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). Read more about our lawsuit here.

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CREW requests copies of all communications between any agents or employees of the Federal Bureau of Investigation (“FBI”) and James Kallstrom from October 1, 2015 to the present.

In addition, FBI Director James B. Comey announced on July 5, 2016 that the FBI recommended to DOJ that no “charges were appropriate” with regard to former Secretary Clinton’s use of a personal email system. According to Mr. Kallstrom, following that decision FBI agents again contacted him to him to discuss the investigation.  For example, Mr. Kallstrom said he“talked to about 15 different agents today, both on the job and off the job, that are – you know, that are basically worried about the reputation of the agency they love.” [1] On September 28, 2016, Mr. Kallstrom said he had spoken to at least “a few [agents] on the job,” and that those “involved in this thing feel like they’ve been stabbed in the back.”[2]

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(a)(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 Mr. Kallstrom.

Nov 22, 2016

FOIA request sent

Dec 01, 2016

Request denied

Dec 22, 2016

Request appealed

Feb 28, 2017

Appeal denied

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