John M. Dowd Attorney at Law (0) 202-362-5900 5335 Wisconsin Avenue, N.W. (¢) 571-435-0185, Suite 700 (F) 703-759-2877 Washington, D.C. 20015 Jjohn@ johnmdowd.com VIA E-MAIL, September 1, 2017 ‘The Honorable Rod Rosenstein Deputy Attorney General U.S. Department of Justice 9! & Pennsylvania Avenue Washington, DC 20530 Re: Request for Federal Grand Jury Investigation of Former FBI Director James B. Comey Dear Deputy Attorney General Rosenstein: | was recently advised that Special Counsel Robert Mueller is inexplicably not investigating the official misconduct of former FBI Director James Comey involving his unlawful conduct and testimony set forth in our complaining letter of June 27, 2017 attached hereto for your perusal and consideration. It is particularly troubling that it was Mr. Comey’s plainly deliberate, unlawful conduct and false Congressional testimony which precipitated your appointment of Special Counsel Mueller. Indeed, Mr. Comey publicly bragged about it I further understand that the Department of Justice has failed to open and commence a full Federal Grand Jury investigation into the obviously corrupt closing of the e-mail investigation of Secretary Clinton including the highly irregular and bizarre conduet of Mr. Comey and then Attorney General Lynch. Nor has it addressed the corruption investigation of the Clinton Foundation being conducted by the FBI’s crack Group 15 corruption team. We now learn that then Director Comey drafied his unauthorized, improper and dishonest, conclusion to the Clinton e-mail investigation three months before the clearly superficial and inadequate investigation was even conducted. We also learn the Records Division of the FBI has reached the absurd conclusion that the public is no longer interested in the Clinton e-mail scandal and chosen to cut off public access. The arrogance and abuse of power is overwhelming, In short, it appears the fix was in, a cover-up is in place and the reputations of the FBI and the Department of Justice are now tarnished and hang in the balance.In 1976, | had the honor of conducting, with senior field FBI Inspectors and a Federal Grand Jury, the U.S. Recording Investigation which exposed financial corruption and misuse of official Positions at the highest levels of the Federal Bureau of Investigation over a period of forty years. Attorney General Bell released that Report of that investigation to the public which became required reading within the FBI under Judge Webster. ‘Today, you are faced with a terrible blight on our Department of Justice which must be addressed to restore and inspire confidence in the Department. Accordingly, I respectfully urge you to direct immediately a full and fair Federal Grand Jury investigation aided by senior FBI inspectors, of all this conduct so there can be no question that the Department of Justice and the FBI, at all times act with integrity in their service to the American people. Itis important that you and the AG and FBI Director Wray separate yourself from the tainted continuum of the past and reset the public's much needed confidence in the integrity of the Department and the FBI. You are the right team with which to entrust this crucial challenge" John M. DowdOwITz BENSON TORRES LLP 1632 BROADWAY prune NEW YORK, NEW YORK 10019 RCo sTe scr Om (212) 806-1710 (212) 506-1700 ia Dneet NEWARK Binecr axe (212) @55- S019 FAX: (212) 506-1800 ‘SAN FRANCISCO SILICON VALLEY Wasnineron DC June 27, 2017 By Hand Robert S. Mueller Special Counsel United States Department of Justice ‘The Patriot Plaza 395 E Street, SW Washington, D.C. 20024 Re: The conduct and sworn testimony of Former FBI Director James B. Comey Dear Mr. Mueller: This firm is personal counsel to President Donald J. Trump. This letter outlines various facts disabling Mr. James Comey’s credibility and his testimony and claims about the President. On June 8, 2017, Mr. Comey made a staggering and illuminating disclosure: after the President exercised his constitutional authority to remove Mr. Comey as FBI Director, Mr. Comey directed various surrogates to leak to the press his privileged and confidential conversations with the President (in violation of 18 U.S.C. § 641 and FBI employment agreements)’ for the express purpose of “prompifing] the appointment of a special counsel"? —~ a ' Mr. Comey's misappropriation and dissemination of information and memos he secured and created in his capacity as FBI Director is a clear violation of FBI employment terms which, among other things, provide: “I will not reveal, by any means, any information or material from or related to FBI files or any other information acquired by virtue of my official employment to any unauthorized recipient without prior official written authorization by the FBI.” See FBI Employment Agreement, FD-291, available at http://www. fbi govifile-repository/fi-291 pdtiview. His actions also constitute a clear violation of 18 USC § 641, which makes it a crime to steal, convert or convey “any record, ‘voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract forthe United States or any department or agency thereof.” See, e.g, United Slates v. DiGilio, 538 F.2d 972, 978 (3d Cir, 1976) (“asportation of records owned by the United States” constituted @ violation of § 641); of Pfeiffer v CLA, 60 F.3d 861, 864 (D.C. Cir, 1995) (report drafted by CIA employee was “indisputably the property of the Government.”), 2 See Open Hearing: Former Director James Comey, FBI, Hearing before the Senate Select Committee on Intelligence, | 5th Cong. 125-26 (2017) June 8, 2017 testimony of James Comey, Director, Federal Bureau of Investigation) (hereinafter the “Comey June 8 Testimony”) (“And so | asked a friend of mine to share the content of the memo with a reporter, Didn't doit myself, for a variety of reasons. But I asked him to, beeause I thought that might prompt the appointment ofa special counsel. And so I asked a close fiend of mine todo it")