David M. Hardy FBI FOIA Section Chief sat on Seth Rich laptop and data why?, Hardy replaced by Michael G. Seidel, Hardy caught lying in another case
David M. Hardy FBI FOIA Section Chief sat on Seth Rich laptop and data why?, Hardy replaced by Michael G. Seidel, Hardy caught lying in another case
History of David M. Hardy “slow walking” Seth Rich data.
Attorney Ty Clevenger August 12, 2017.
“Last week the FBI informed me that it had not released records pertaining to my Freedom of Information Act request about the Hillary Clinton email investigation because of concerns for her privacy rights. I kid you not.
In a letter dated August 8, 2017, FBI manager David M. Hardy said I would have to prove one of three things in order to get the records: (1) Mrs. Clinton consented to the release of the records; (2) Mrs. Clinton is dead; or (3) my request pertains to a matter of public interest.”
Attorney Ty Clevenger October 3, 2017.
“Meanwhile, I filed an identical FOIA request with the FBI, and on September 19, 2017 our old friend David M. Hardy wrote that his office had searched the “Central Records System” and his staff was “unable to identify main file records responsive to the FOIA.” I’ve played the FBI’s FOIA game long enough to know that lots of records are left out of the “Central Records System” (like emails, for example), and I did not limit my request to the “Central Records System.”
In the appeal that I filed over the weekend, I asked DOJ to order the FBI to search electronic records and hard copies in the Washington Field Office, where the records most likely would be kept. If records are found, I suspect the FBI will assert a law enforcement exemption, but at least the FBI will be forced to acknowledge that it is participating in the investigation.”
Attorney Ty Clevenger January 27, 2020.
“The FBI is hiding documents about murdered Democratic National Committee employee Seth Rich, according to emails released last week, so this morning I requested a criminal investigation into the cover-up.
As most people outside of solitary confinement know, the whole “Russian collusion” investigation began with the premise that Russia hacked the DNC, but considerable evidence suggests that the DNC emails were downloaded by someone inside the DNC — like Mr. Rich — and then provided to Wikileaks.
Rather than re-invent the wheel, I’ve copied and pasted my letter to U.S. Attorney John Durham, U.S. Attorney Richard Donoghue, and Inspector General Michael Horowitz:
Mr. Durham, Mr. Donoghue and Mr. Horowitz:
I wish to file a criminal complaint regarding false statements made by FBI Section Chief David M. Hardy in two affidavits [click here and here] filed in the FOIA case identified above [i.e., Ty Clevenger v. U.S. Department of Justice, et al., Civil Action No. 18-CV-01568]. I requested FBI records pertaining to Seth Rich, who allegedly was the source of Democratic National Committee emails published by Wikileaks in 2016 (rather than Russian hackers). In the affidavits (attached to the email version of this letter), Mr. Hardy testified that his office conducted a reasonable search, and it found no responsive records.”
Ty Clevenger v USDOJ, FBI, et al March 29, 2020.
“Ms. Sines’s testimony flatly contradicts the FBI’s claims that (1) it did not investigate matters pertaining to Mr. Rich; (2) it did not examine his computer; and (3) it conducted a “reasonable” search but could not locate any records or communications about Mr. Rich. Specifically, Ms. Sines’s testimony flatly contradicts the affidavit testimony of FBI Section Chief David M. Hardy. See October 3, 2018 DECLARATION OF DAVID M. HARDY (Doc. No. 16-1) and July 29, 2019 SECOND DECLARATION OF DAVID M. HARDY”
Attorney Ty Clevenger July 22, 2020.
“One more thing: A couple of weeks ago I noticed that the FBI’s FOIA letters were no longer signed by Section Chief David M. Hardy, but by Acting Section Chief Michael G. Seidel. What happened to Mr. Hardy? You may recall that Mr. Hardy filed a sworn declaration in 2018 claiming that the FBI searched its files and located no records about Seth Rich.
In September of 2019, however, Judicial Watch obtained an email string about Seth Rich in response to a FOIA request for communications between FBI lovebirds Peter Strzok and Lisa Page, and in March of 2020 former U.S. Attorney Deborah Sines testified that the FBI had investigated Seth Rich’s laptop and his online accounts. In other words, Mr. Hardy’s testimony was false.
I repeatedly asked U.S. Attorney John Durham and DOJ Inspector General Michael Horowitz to investigate whether Mr. Hardy lied under oath, and in an April 22, 2020 letter Mr. Horowitz wrote that he referred my complaint to the FBI’s Inspection Division. Was Mr. Hardy forced out? I don’t know, but if you have any inside information, please send it my way.”
Attorney Ty Clevenger December 9, 2020.
“After three years of claiming that it could not find any records about murdered Democratic National Committee employee Seth Rich, the FBI admitted today that it has thousands of pages of information about him, further admitting that it has custody of his laptop.”
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“FBI is also currently working on getting the files from Seth Rich’s personal laptop into a format to be reviewed. As you can imagine, there are thousands of files of many types. The goal right now is to describe, generally, the types of files/personal information contained in this computer. Furthermore, the FBI will continue to evaluate the responsiveness of these files under the FOIA.”
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“In his 2018 declaration, Mr. Hardy also testified that the Metropolitan Police Department in D.C. was solely responsible for investigating Mr. Rich’s murder. So why does the FBI have Mr. Rich’s laptop rather than MPD? And after fighting tooth and nail to hide this information for so long, why is the FBI coming clean now?”
Was David M. Hardy forced out of the FBI for lying in another case?
“What happens when an FBI agent is caught lying under oath?
The FBI admitted in court filings that FBI Agent David M. Hardy made materially false statements about evidence in Tony Viola’s criminal case -- not once but twice. Attorneys for the Justice Department then withdrew multiple affidavits, made under oath, and asked a federal judge to vacate her previous rulings in their favor, Viola v. U.S. Department of Justice, case no. 15-cv-242, W.D. Pa. Earlier in that same case, Justice Department Attorney Michael Colville admitted the U.S. Attorney’s Office in Cleveland also lied about evidence in Tony’s case.
So far, Agent Hardy – who is a licensed attorney in Texas -- has faced NO consequences for making these false statements, while the Justice Department has OPPOSED efforts to have the matter investigated by the Justice Department Inspector General. Hardy’s admissions of lying follow multiple untrue statements made by Assistant U.S. Attorney Mark Bennett, who falsely stated there was no “FBI 302” interview summary with a witness who established Tony’s innocence at the second trial.”
