Larry Klayman
Why I sued Comey and the NSA, again!
Larry Klayman battles claim ex-FBI chief, Mueller are 'men of great integrity'
By Larry Klayman
June 26, 2017

One day following the explosive revelations of Edward Snowden that the National Security Agency (NSA) had been engaging in mass surveillance of hundreds of millions of Americans without probable cause, I brought suit against then-President Barack Obama and his intelligence agencies. The case was randomly assigned to the Honorable Richard J. Leon of the U.S. District Court for the District of Columbia, one of the few non-Obama-Clinton appointees left in this tribunal. To accelerate the case I then filed a motion for preliminary injunction, asking Judge Leon to temporarily enjoin the defendants' illegal surveillance of the populace, during the time the case would otherwise proceed to discovery and then trial.

After Judge Leon reviewed my pleadings, which required that he take action to adjudicate my motion for preliminary injunction with 21 days, he held a status conference. At that conference, he forcefully instructed the Obama Justice Department lawyers in the Federal Programs Branch that he would move the case along quickly and that they should not seek to delay his ruling by asking for non-meritorious requests for extensions. Labeling the case as one "at the pinnacle of national importance," Leon advised the Obama Justice Department lawyers to forget about not working on weekends and evenings, and he then set an accelerated briefing schedule.

Judge Leon made good on his promise and ruled promptly, finding that the mass surveillance by Obama and his NSA was unconstitutional and violative of the Fourth Amendment. He added that this was so illegal as to be "almost Orwellian," a reference to the landmark book "1984," by George Orwell, in which he coined the term for a tyrannical government: "Big Brother."

The initial preliminary injunction entered on Dec. 16, 2013, was entered again later when I amended the complaint to conform with the edicts of the appellate court, the U.S. Court of Appeals for the District of Columbia Circuit, where the Obama Justice Department went after Leon's ruling to try to slow down implementation. This second preliminary injunction, as well as the first, provoked Congress to enact a law that attempted to prevent further illegal and unconstitutional surveillance. It is called the USA FREEDOM Act.

However, now we have learned, as I suspected all along, that Obama and the NSA, with the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI), continued to commit crimes by secretly conducting this illegal surveillance. This was revealed by disclosures obtained by Circa News, with reporters John Solomon and Sara Carter uncovering these continuing crimes.. And, my whistleblower client Dennis Montgomery, a former NSA and CIA contractor during the George W. Bush and Obama White House years, also revealed that this illegal surveillance was a constant by the FBI under the direction of former directors Robert Mueller and then James Comey – as Montgomery himself worked with the FBI as well as the other intelligence agencies during these years.

And, this unconstitutional surveillance extended not just to millions of innocent Americans in general, but also other prominent persons such as Donald J. Trump, his family, the chief justice of the Supreme Court, other SCOTUS justices, 156 judges and thousands of others, such as the family of Nevada rancher Cliven Bundy, my client. Anyone who was seen as critical of or a phantom threat to the government, or who had taken action to clean up corruption, such as myself, was put under the looking glass of the so-called Deep State.

The potential for coercion and blackmail under these circumstances was seen to be great. As one example, how does one explain the 12th hour flip of Chief Justice John Roberts, where he voted with leftist justices to rubber-stamp Obamacare, a clearly unconstitutional law? What did the Deep State potentially have on Roberts that got him to jump ship and craft a majority opinion that was a textbook example of rank intellectual judicial dishonesty? This ruling almost destroyed the American economy as well as innocent people's lives, who were thrown off their health insurance policies or could no longer afford to be covered, as the price of premiums later skyrocketed. This is just one example of the potential consequence of the Big Brother criminal surveillance of the Deep State.

As a result of the new revelations that the illegal spying has continued, despite the enactment of the USA FREEDOM Act, my client Dennis Montgomery and I have brought a new suit, this time adding James Comey along with the FBI and the intelligence agencies as defendants. Comey was included not just because he orchestrated the illegal surveillance during his years as Obama's FBI director, but also because he covered up an investigation caused by Montgomery, in which he was entrusted to supervise. Montgomery, under grant of immunity, had turned over 47 hard drives and over 600 million pages of information, much of which was classified, to Comey. FBI Special Agents Walter Giardina and William Barnett also interviewed my client, under oath, and his testimony was videoed. But despite this having occurred over two years ago, no action by Comey's FBI was taken, and the investigation was apparently buried. The reason? Comey had obviously directed his agents to deep six the investigation as it would show his and former FBI Director Robert Mueller's criminal conduct.

Given this obstruction and criminality, I recently filed suit on behalf of Montgomery and myself – as our cellphones and computers have been obviously hacked and violated by Comey's FBI and the intelligence agency defendants in the last months, as they knew that my client, with my help, was offering his testimony to the intelligence and judiciary committees on Capitol Hill. But when Congress as usual failed to do its job, perhaps scared that the FBI and intelligence agencies would leak information harmful to senators and representatives, Montgomery and I had to take matters into our own legal hands and filed a new case before Judge Leon.

Friday, I again appeared before this courageous judge for an early status conference, and I will report on this in Freedom Watch publications that can be found at

But for the time being, what can be said is that Comey, Mueller and their FBI, along with the rogue intelligence agencies, again are before the bar of justice. They and the others who have illegally violated our privacy must be held accountable under the rule of law. Indeed, if anyone has obstructed justice, it appears not to be President Trump, but his criminally minded chief accuser Comey and his equally corrupt "special counsel friend" Robert Mueller. And as a side note, contrary to the Kool-Aid swallowed by some ill-informed commentators in the media and elsewhere in the swamp that infests the nation's capital, these are not men of great integrity! Just ask Dennis Montgomery, my co-plaintiff!

© Larry Klayman


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Larry Klayman

Larry Klayman, founder of Judicial Watch and Freedom Watch, is known for his strong public interest advocacy in furtherance of ethics in government and individual freedoms and liberties... (more)


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