Dennis Cain delivered documents to Department of Justice Inspector General Michael Horowitz last summer, and was granted whistleblower status. According to Cain’s lawyer, Michael Socarras, Horowitz instructed a top aide to personally hand-deliver the documents to the House and Senate intelligence committees.
However, the FBI conducted a gestapo-like raid of Cain’s home on November 15. They ransacked the place, and took the documents he has in his possession. The move was approved by federal Magistrate Judge Stephanie Gallagher, and the ‘justification’ sealed to hide the reason.
Now, a federal court has refused to unseal the documents that allowed the raid.
The documents involved the Clinton Foundation and the Uranium One sale of one-fifth of America’s resources.
On Nov. 15, federal Magistrate Judge Stephanie Gallagher authorized the raid on Dennis Cain’s Union Bridge, Maryland, home. She sealed the government documents justifying it.
The U.S. District Court of Maryland’s Chief Magistrate Judge Beth P. Gesner, a Clinton appointee refused to unseal the documents, and also sealed her justification for keeping the documents secret in a single-page Dec. 20 order.
“The Daily Caller News Foundation asked Gallagher on Nov. 29 to unseal the documents, noting that Cain’s attorney has said his client, a former employee of an FBI contractor, is a recognized whistleblower.”
“The documents should be released in light of ‘an urgent public interest’ surrounding the case, TheDCNF wrote.”
Attorneys and experts who defend government whistleblowers told the outlet that the court has a responsibility to disclose whether the government told Gallagher Cain was a protected whistleblower, under the Intelligence Community Whistleblower Protection Act.
According to Cain’s lawyer, this evidence shows that federal officials failed to investigate potential criminal activity regarding the Clinton Foundation and Rosatom, the Russian company that purchased Uranium One.
When Cain was confronted with 16 FBI agents, who entered and rummaged through his home for six hours, he informed the lead FBI agent that he was a protected whistleblower but was ignored.
“Cain has not been charged with any crime. The U.S. Attorney’s Office for the District of Columbia is handling the case with Karen Seifert assigned as the prosecutor assigned to the case, according to Cain’s criminal defense lawyer, Nina Ginsberg.”
Maryland U.S. Attorney Robert Hur opposed the news outlet’s initial request to unseal the documents, claiming it “would seriously jeopardize the integrity of the ongoing investigation.”
His letter said nothing about the merits of the government’s case or why the raid was warranted, and his specific arguments remain under seal.
The news outlet requested to Gallagher in the letter, “We wish to narrow our request to obtain any documents presented by the government that informed the judge of Mr. Cain’s status as a whistleblower.”
“It seems the Justice Department should be able to address [TheDCNF’s] more narrowly tailored request without compromising the investigation,” the director for investigations at the nonpartisan government watchdog group the Project on Government Oversight, Nick Schwellenbach, told TheDCNF. “Revealing whether the court was informed of his protected disclosures, on its own, doesn’t seem to compromise anything.”
Experts agree that this is highly suspect.
And Mark Zaid, an attorney who has defended government whistleblowers told the outlet “It would be interesting to know if the judge was aware this person had invoked whistleblower status.”
Kel McClanahan, an attorney who represents government whistleblowers and is the executive director of National Security Counselors, told reporters, “Should the judge have considered that he was a whistleblower and they were looking for whistleblower stuff? Yes.”
Moreover, McClanahan said that government officials could face punishment if they hid this information.
“Hiding the ball can be considered sanctionable conduct because there’s duty to what’s called ‘candor to the court,’” he said.
He said Judge Gallagher could eventually rule that the Department of Justice “‘did not demonstrate complete candor to the court.’ It doesn’t affect her conduct. It affects the DOJ’s conduct.”
“The National Security Counselors is a Washington, D.C., nonprofit law firm that specializes in national security, information and privacy law. It often represents intelligence community employees and contractors.”
McClanahan stated, “It’s a matter of personal preference on the part of the DOJ attorney who argued it and the FBI agents on any given day about how much information to give to a judge. They probably included the bare minimum.”
“What they may not have included was information that they have should have provided,” he continued. “So they are basically rolling the dice.”
Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, asked FBI Director Christopher Wray in a Nov. 30 letter if the bureau was “aware at the time of the raid that Mr. Cain had made what appeared to be lawful disclosures to the Inspector General? If so, was the FBI aware that these disclosures were passed to the House and Senate Intelligence Committees, per the [whistleblower act]?”
Grassley gave Wray until Dec.12 to respond, but Wray has completely ignored the request.
The fact that this act is shrouded in secrecy, and that it involves the Clinton Foundations REAL collusion with Russia, seems to indicate that a lot of people have tons of actions to hide… and the court is helping them do it.