DOJ outlines slew of Strzok 'security violations,' says wife learned of affair through unsecured phone
The Department of Justice released documents Monday outlining a slew of "security violations" and flagrantly "unprofessional conduct" by anti-Trump ex-FBI agent Peter Strzok
-- including his alleged practice of keeping sensitive FBI documents on
his unsecured personal electronic devices, even as his wife gained
access to his cell phone and discovered evidence that he was having an
affair with former FBI attorney Lisa Page.
The DOJ was seeking to dismiss Strzok’s
lawsuit claiming he was unfairly fired and deserves to be reinstated as
chief of the counterespionage division at the FBI. In its filing, the DOJ included an August 2018 letter
to Strzok from the DOJ's Office of Professional Responsibility (OPR),
which found in part that Strzok had engaged in a "dereliction of
supervisory responsibility" by failing to investigate the potentially
classified Hillary Clinton emails that had turned up on an unsecured
laptop belonging to Anthony Weiner as the 2016 election approached.
The situation became so dire, OPR said, that
a case agent in New York told federal prosecutors there that he was
"scared" and "paranoid" that "somebody was not acting appropriately" and
that "somebody was trying to bury this."
The
New York prosecutors then immediately relayed their concerns to the
DOJ, effectively going over Strzok's head -- and leading, eventually, to
then-FBI Director James Comey's fateful announcement just prior to
Election Day that emails possibly related to the Clinton probe had been
located on Weiner's laptop.
Additionally, DOJ and OPR noted that
although Strzok claimed to have "double deleted" sensitive FBI materials
from his personal devices, his wife nonetheless apparently found
evidence of his affair on his cell phone -- including photographs and a
hotel reservation "ostensibly" used for a "romantic encounter." Strzok
didn't consent to turning over the devices for review, according to OPR,
even as he acknowledged using Apple's iMessage service for some FBI
work.
"[My wife] has my phone. Read an angry note I wrote but
didn't send you. That is her calling from my phone. She says she wants
to talk to [you]. Said we were close friends nothing more," one of
Strzok's text to Page read, according to the filing.
Former FBI lawyer Lisa Page leaves the Rayburn House Office
Building after a closed doors interview with the House Judiciary and
House Oversight and Government Reform committees, Friday, July 13, 2018,
on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)
"Your wife left me a vm [voicemail]. Am I supposed to
respond? She thinks we're having an affair. Should I call and correct
her understanding? Leave this to you to address?" Page responded.
Strzok
then wrote, "I don't know. I said we were [] close friends and nothing
more. She knows I sent you flowers, I said you were having a tough
week."
Strzok's wife allegedly threatened to send Page's husband some of the photographs from Strzok's phone.
OPR
and the DOJ also included a slew of Strzok and Page's anti-Trump text
messages, which Strzok sent as he was overseeing the 2016 Clinton email
investigation.
An after-hours email sent to Aitan Goelman, a
partner with Zuckerman Spaeder LLP and one of Strzok’s lawyers, was not
immediately returned.’
Strzok, a veteran counterintelligence agent
who led FBI investigations into Hillary Clinton’s use of a private
email server and ties between the Trump campaign and Russia, was removed
from Special Counsel Robert Mueller’s team after his anti-Trump texts
with Page came to light. He was fired from the FBI last August.
The
motion claimed that Strzok cannot succeed on any of his claims. The
document said his key role within the agency on some of its
highest-profile investigations “imposed on him a higher burden of
caution with respect to his speech.”
Strzok, who joined the FBI in
1998 and rose to deputy assistant director of the agency’s
counterintelligence division, exchanged over 40,000 text messages on
government-issued phones from August 2015 through May 2018, the motion
said. One of the messages called then-candidate Trump a “disaster” and
suggested that”[w]e’ll stop” him.
Republicans interpreted the
text as Strzok saying that he would work to prevent Trump from being
elected, but his lawsuit says the message was actually meant to reassure
Page, with whom he was having an affair, that the American people would
not support a Trump candidacy.
"She knows I sent you flowers, I said you were having a tough week." — Text from Peter Strzok to Lisa Page, after Strzok's wife uncovered evidence of apparent affair
Trump
seized on these messages and used Strzok as a favorite target during
the Russia investigation. Trump identified these messages as proof that
the investigators were biased in their investigation.
“It is
because of those text messages, and the paramount importance of
preserving the FBI’s ability to function as a trusted, nonpartisan
institution, that Plaintiff was removed from his position, and not
because of any alleged disagreement with Plaintiff's viewpoints on
political issues or Tweets from the President,” the motion claimed.
The
motion—which identified Attorney General William Barr as the
defendant-- claimed that Strzok’s allegation that his due process rights
were infringed upon would be soundly rejected due to his position on
FBI’s Senior Executive Service at the time of his firing. The department
also claimed that he was “given ample notice and opportunity to be
heard."
Goelman said at the time that Strzok filed the lawsuit
said in a statement, "While many in law enforcement have faced attacks
by this president, Pete Strzok has been a constant target for two years.
It’s indisputable that his termination was a result of President
Trump’s unrelenting retaliatory campaign of false information, attacks
and direct appeals to top officials."
The
lawsuit also says the Justice Department set out to smear Strzok's
reputation and humiliate him when it disclosed nearly 400 text messages
he had sent or received. Fox News' Brooke Singman, Andrew O'Reilly and the Associated Press contributed to this report.
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