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Judicial Watch sues for FBI, AG ‘Trump coup’ memos after 3 FOIA requests ignored

Former FBI Director Andrew McCabe testified in front of the Senate Intelligence Committee on Capitol Hill, on June 7, 2017, in Washington, D.C. Two days before becoming eligible for a pension, he was fired on Friday, March 16, 2018. (Cheriss May/NurPhoto/Sipa USA/TNS)
February 22, 2019

Judicial Watch has filed a lawsuit in order to dig into FBI and Justice Department documents that might reveal an internal cover-up of a Presidential coup from within the DOJ’s own ranks.

The lawsuit comes after the DOJ refused to respond to three other Freedom of Information Act (FOIA) requests from September 2018, and a week after former FBI Deputy Director Andrew McCabe confirmed during an interview that he had participated in conversations discussing the removal of President Trump under the 25th Amendment, a Judicial Watch press release stated.

“It is no surprise that we are facing an immense cover-up of senior FBI and DOJ leadership discussions to pursue a seditious coup against President Trump,” stated Judicial Watch President Tom Fitton. “This effort to overthrow President Trump is a fundamental threat to our constitutional republic so Judicial Watch will do everything it can in the courts to expose everything possible about this lawlessness.”

Judicial Watch has requested “all records of communication of former FBI Deputy Director Andrew McCabe, the Office of the Attorney General Jeff Sessions, or the Office of Deputy Attorney General Rod Rosenstein discussing the 25th Amendment or Presidential fitness.”

The discussions on the 25th Amendment took place in several meetings on May 16, 2017, as confirmed by memos McCabe and colleagues kept.

“We discussed the president’s capacity and the possibility he could be removed from office under the 25th Amendment,” one of McCabe’s handwritten memos read.

McCabe said DOJ officials were outraged by Trump’s decision to terminate then-FBI Director James Comey in May 2017, so much so that they considered directing members of Trump’s cabinet to invoke the 25th Amendment that would lead to the President’s removal.

“Discussion of the 25th Amendment was simply, Rod raised the issue and discussed it with me in the context of thinking about how many other cabinet officials might support such an effort. I didn’t have much to contribute, to be perfectly honest, in that conversation. So I listened to what he had to say,” McCabe said.

McCabe defended Rosenstein’s actions, calling it “an unbelievably stressful time.”

“I can’t even describe for you how many things must have been coursing through the deputy attorney general’s mind at that point. So it was really something that he kinda threw out in a very frenzied chaotic conversation about where we were and what we needed to do next,” McCabe said. “The deputy attorney general was definitely very concerned about the President, about his capacity, and about his intent at that point in time.”

Rosenstein refuted having discussions about the 25th Amendment, or his own suggestion of wearing a wire to secretly record meetings with President Trump – two activities that were first revealed, but not confirmed, in a September 2018 New York Times report.

McCabe confirmed that the earlier report was, in fact, accurate.

“The biggest abuse of power and corruption scandal in our history, and it’s much worse than we thought. Andrew McCabe (FBI) admitted to plotting a coup (government overthrow) when he was serving in the FBI, before he was fired for lying & leaking,” President Trump tweeted Monday.

McCabe is the only member of the meetings to speak publicly about the meetings, shortly one year after he resigned from his position after more than 20 years of service at the FBI.

His resignation followed criticism and calls for him to release his memos, which were suspected of significant bias against President Trump.