Judicial Watch: Records Show FBI Provided Democrats with Information on Whistleblowers Who Testified at May 2023 Weaponization Hearing

(Washington, DC) – Judicial Watch announced today it received 54 pages of records from the Department of Justice in a Freedom of Information Act (FOIA) lawsuit which show the Federal Bureau of Investigation (FBI) Office of Congressional Affairs (OCA) provided a Democrat staffer with information on FBI whistleblowers who detailed the bureau’s targeting of political opponents and retaliation for their testifying at a May 18, 2023 hearing of the House Select Subcommittee on the Weaponization of the Federal Government.

A May 23, 2023, email from Damon Marx, senior counsel in the office of New York Democrat Rep. Dan Goldman, shows that the FBI provided documents apparently pertaining to the whistleblowers that were “very helpful” to Goldman.

Marx writes to an FBI Office of Congressional Affairs (OCA) official whose name is redacted:

We spoke last week before the Weaponization hearing on Thursday. Thanks again for sending over those documents. They were very helpful to the Congressman.

Francesco (my colleague cc’ed here) and I will be good points of contact for you going forward. Both of us broadly cover law enforcement; however, in terms of specifics, I cover cybersecurity, counterterrorism, and much of the Congressman’s committee work, while Francesco covers issues ranging from immigration to gun violence.

We would love to meet in person next time you have the chance. Please let us know when you’re available for coffee or just to swing by the office. And don’t hesitate to reach out on any other matters!

The CC’d colleague is Francesco Arreaga, then a Democrat staffer on the House Homeland Security Committee and former Elizabeth Warren campaign staffer.

 On May 18, 2023, a hearing was held by the House Committee on the Judiciary and the Select Subcommittee on the Weaponization of the Federal Government. Highlights of the hearing include:

It is clear from these disclosures, and especially in wake of Special Counsel John Durham’s report, that the FBI has become politically weaponized.

To date, the Committee and Select Subcommittee have received whistleblower testimony from several current and former FBI employees who chose to risk their careers to expose abuses and misconduct in the FBI. Some of these employees—Special Agents Garret O’Boyle and Stephen Friend, Supervisory Intelligence Analyst George Hill, and Staff Operations Specialist Marcus Allen—have chosen to speak on the record about their experiences.

 During the hearing, Allen was allowed to discuss the suspension he incurred for merely forwarding open-source news articles to his colleagues, as his job required:

Q. And why exactly did you send th[e] email[s]?

A. I sent [the emails] just for awareness because the[y] . . . indicated potential problems with the investigation as far as informants were concerned, and our organization’s potential forthrightness about the utilization of informants there on that day. That might have some impact on our cases and the subjects that we’re looking up, and just a general awareness overall for the investigation as a whole, that there might have been some kind of potential Federal involvement with the activities on January 6th, and I thought it was important enough that it like warranted our attention, you know.

Q. Is it safe to say that you sending th[ose] email[s] was part of your job at the time?

A. Yes.

The Committee explained that “[b]ecause these open-source articles questioned the FBI’s handling of the violence at the Capitol, the FBI suspended Allen for ‘conspiratorial views in regards to the events of January 6th . . . .’”

The day before the hearing, the FBI revoked the security clearances of three agents who testified, Steve Friend, Garret O’Boyle, and Marcus Allen, according to a letter the bureau sent to congressional investigators and obtained by ABC News. Allen’s clearance was recently reinstated.

The records include a May 16, 2023, email to an FBI OCA official, whose name is redacted, from Marx, who writes: 

It’s my understanding that you’re out this week, but if you have a moment to chat about some of the witnesses for Thursday’s Weaponization hearing, it would be super helpful. Please let me know if you’re available tomorrow when you have a chance.

The FBI OCA official responds:

Sure, give me a call when you can.

In a May 9, 2023, email to Goldman’s then-Deputy Chief of Staff and Legislative Director Erin Meegan, an FBI OCA official whose name is redacted writes:

I was disappointed I didn’t get the opportunity to meet you during our trip to Quantico. We are planning to take another trip there, maybe later this summer, so hopefully you’ll be able to join us then. I serve as [redacted]. OCA plays a key role in communicating with lawmakers and their staffers about FBI activities and is the primary point of contact for all Congressional matters.

I would like an opportunity to meet with you to properly introduce myself and tell you more about the mission of OCA, along with providing information about what OCA can offer your office. I would also like to know what issues Rep. Goldman and your office are interested in to see if there is any way I can assist in those areas. Additionally, based on my background, I think I may be able to provide insight or answer some questions about issues that do not require senior FBI leadership briefings or hearings.

The Judicial Watch October 2023 lawsuit that uncovered these documents was filed after the Justice Department failed to respond to a May 18, 2023, FOIA request (Judicial Watch, Inc. v. U.S. Department of Justice (No. 1:23-cv-03003)). Judicial Watch asked for:

All records of communication between any official or employee of the Federal Bureau of Investigation and any member of the House Select Subcommittee on the Weaponization of the Federal Government, any staff member for the subcommittee, or any staff member for any subcommittee member between April 1, 2023, and the present.

For purposes of clarification, in the request, Judicial Watch provided the following link, which identified the members of the committee: https://judiciary.house.gov/subcommittees/committee-judiciary/select-subcommittee-weaponization-federal-government

“These troubling records show how the FBI colluded with Democrats hostile to FBI whistleblowers who were set to testify to Congress,” said Judicial Watch President Tom Fitton.

Judicial Watch is in the forefront of uncovering the weaponizing of the federal government against whistleblowers.

Judicial Watch represented Marcus Allen, a decorated veteran, FBI analyst and witness before the Weaponization Subcommittee, in a lawsuit against FBI Director Christopher Wray for violating Allen’s constitutional rights by falsely accusing him of holding “conspiratorial views,” stripping his security clearance, and suspending him from duty without pay. On May 31, 2024, Allen’s security clearance was  reinstated.

In June 2023, Judicial Watch sued for all FBI communications from bureau officials using several systems and databases regarding investigations carried out after an October 4, 2021, memo from Attorney General Merrick Garland instructing investigators to target American parents due to an alleged “increase in harassment, intimidation and threats of violence against school board members, teachers and workers in our nation’s public schools” In a March 21, 2023, report on the Garland memo, the Subcommittee on the Weaponization of the Federal Government cited FBI data which states that 25 inquiries under the threat tag “EDUOFFICIALS” had been opened since the bureau began tracking the alleged incidents.

In September 2022, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit for all records in the possession of FBI Supervisory Intelligence Analyst Brian Auten regarding an August 6, 2020, briefing provided to members of the U.S. Senate. Ron Johnson (R-WI) and Chuck Grassley (R-IA) that raised concerns that the briefing was intended to undermine the senators’ investigation of Hunter Biden.

Judicial Watch recently sued the Central Intelligence Agency (CIA) for all agency records relating to the Department of Justice or Internal Revenue Service (IRS) investigations of Hunter Biden and all records relating to efforts to interview lawyer Patrick Kevin Morris regarding Hunter Biden.

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