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<\/a>Former FBI Director James Comey (Photo: Twitter)<\/p><\/div>\n
A former contractor for several federal agencies and his attorney, who both sued former FBI Director James Comey claiming he obstructed justice by burying an investigation into the mass surveillance of Americans, are asking a federal court for a protection order preventing the destruction of evidence in the case.<\/p>\n
The plaintiffs are Dennis Montgomery \u2013 a whistleblower who worked as a contractor for the National Security Agency, the Central Intelligence Agency and the director of national intelligence \u2013 and his lawyer, Larry Klayman of Freedom Watch.<\/a><\/p>\n They have filed in U.S. District Court in Washington a motion for a temporary restraining order and a preliminary injunction.<\/p>\n They are asking the court to prevent the defendants, including Comey, the FBI and other federal officials mostly under the Obama administration, from continuing \u201cillegally and unconstitutionally spying on and surveilling millions of Americans, including plaintiffs, without probable cause or a warrant.\u201d<\/p>\n Secondly, they are asking the court to prevent the defendants from \u201cdestroying evidence of illegal and unconstitutional spying\u201d that Montgomery turned over the Comey\u00a0based on the promise\u00a0it was going to be investigated.<\/p>\n These objectives\u00a0can be reached with a temporary restraining order and a preliminary injunction, they explain.<\/p>\n The promised \u201cinvestigation\u201d was buried by Comey, and the evidence now is endangered, they allege.<\/p>\n Defendants in the case include Comey, who famously took with him government records when he was fired recently by President Trump, then turned them over to a friend with instructions to leak them to the media to instigate interest in a special prosecutor over claims of links between the Trump campaign and Russia \u2013 an investigation that to date has yielded no evidence.<\/p>\n Other\u00a0defendants are the FBI, Michael Rogers, the NSA, John Brennan, Mike Pompeo, the CIA, James Clapper, Dan Coats and Obama.<\/p>\n They were accused in the original lawsuit, filed only a few weeks ago, of \u201cillegally and unconstitutionally spying on and surveilling millions of Americans, including plaintiffs, without probable cause or a warrant, and \u2026 destroying evidence of illegal and unconstitutional spying turned over to defendant Comey and the FBI by plaintiff Montgomery.\u201d<\/p>\n The defendants, the motion explains, \u201chave engaged in an ongoing conspiracy to illegally and unconstitutionally spy on millions of Americans, including plaintiffs, without probable cause or a warrant.\u201d<\/p>\n The motion alleges the illegal spying continues.<\/p>\n Klayman, in the motion, points out that the same Washington court, in an earlier case, issued two preliminary injunctions, including one that \u201cbars the government from collecting \u2026 any telephone metadata associated with these plaintiffs\u2019 Verizon Business Network Services accounts.\u201d<\/p>\n The new lawsuit<\/a> alleges misbehavior by\u00a0Comey and others when Montgomery \u201cwas induced by Defendants Comey and the FBI and made to turn over 47 hard drives of evidence of the aforementioned illegal, unconstitutional activity, which hard drives alone are valued in excess of $50,000.<\/p>\n \u201cIndeed, counsel for Montgomery, plaintiff Klayman, was told and assured by the former general counsel of the FBI, James Baker, that defendant Comey was taking \u2018hands on\u2019 supervision and conducting the FBI\u2019s Montgomery investigation, given its importance.\u201d<\/p>\n Much of the information was classified and Klayman never saw it, \u201cwhich is why the information was given to defendant Comey and the FBI to begin with,\u201d he explained.<\/p>\n \u201cAs a result, on or about December 21, 2015, plaintiff Montgomery interviewed under oath at the FBI field office in the District of Columbia. There, over the course of an over three-hour interview, recorded on video, with special agents Walter Giardina and William Barnett, plaintiff Montgomery meticulously laid out the NSA, CIA, DNI\u2019s, and the other defendants\u2019 \u2013 particularly defendants Clapper and Brennan\u2019s \u2013 pattern and practice \u2013 of conducting illegal, unconstitutional surveillance against millions of Americans, including prominent Americans such as the chief justice of the U.S. Supreme Court, other justices, 156 judges, prominent businessmen, and others such as Donald J. Trump \u2026\u201d<\/p>\n Klayman explained it is alleged that Comey, \u201cin concert with the other defendants,\u201d buried an FBI investigation into Montgomery\u2019s whistleblower claims, essentially obstructing justice.<\/p>\n \u201cHaving asked the intelligence and judiciary committees in Congress to investigate the alleged obstruction of justice, and their having not taken action to date, Mr. Montgomery and I, on behalf of ourselves, had to take matters into our own legal hands. This mass surveillance, which threatens the privacy of all innocent Americans, must be ordered to cease forthwith, as it endangers our democracy and our republic,\u201d Klayman said.<\/p>\n The latest move comes after Circa News reported, according to Klayman, that the FBI \u201chas illegally shared raw intelligence about Americans with unauthorized third parties and violated other constitutional privacy protections, according to newly declassified government documents that undercut the bureau\u2019s public assurances about how carefully it handles warrantless spy data to avoid abuses or leaks.\u201d<\/p>\n \u201cOnce-top secret U.S. intelligence memos reviewed by Circa tell a different story, citing instances of \u2018disregard\u2019 for rules, inadequate training and \u2018deficient\u2019 oversight and even one case of deliberately sharing spy data with a forbidden part.\u201d<\/p>\n