Michael Ledeen is a Shillman Journalism Fellow at the Freedom Center and Freedom Scholar at the Foundation for Defense of Democracies.
Byron York seems baffled by the discovery in the Mueller report that the FBI was after General Michael Flynn long before the intercepts of his telephone conversations with Russian officials during the post-2016 election transition. By that time, Obama Administration higher-ups in the intelligence community were warning Trump that Flynn had suspicious intimate contacts with the Russians, possibly in violation of the Logan Act. As Byron writes:
Mueller strongly suggests something else was up. Obama administration intelligence officials "were surprised by Russia's decision not to retaliate in response to the sanctions," the report said. "When analyzing Russia's response, they became aware of Flynn's discussion of sanctions with Kislyak. Previously, the FBI had opened an investigation of Flynn based on his relationship with the Russian government. Flynn's contacts with Kislyak became a key component of that investigation.
Mueller attributed the information, which is on page 26 of Volume II of the report, to interviews with former Justice Department official Mary McCord, who was deeply involved in the Flynn case, and fired FBI Director James Comey.
The FBI investigation of General Flynn goes back several years, perhaps as far back as 2015. This was undoubtedly because the intelligence community didn’t like Flynn, who had changed the way intelligence was collected and analyzed on the battlefields of Iraq and Afghanistan, taking it away from Washington military and intel officials and relocating it in theater. His methods worked well, but they greatly irritated the Washington-based intelligence crowd. When Flynn was the head of the Defense Intelligence Agency (DIA), it became known that he intended to audit decades of covert budgets, checking to see if the funding, especially for CIA, actually went to the intended recipients for the approved missions. If you ask me, the campaign against Flynn that so surprised Byron York is best explained by the intel community’s eagerness to lock him out of their system. It was reinforced when Flynn criticized Obama’s Afghanistan policy in sworn testimony to Congress.
I suspect that if there is ever a proper inquiry into the operation, we’ll find that the CIA and FBI placed trusted informers inside Flynn’s offices at DIA. It was clearly very important to them, as we see when Comey overrode his own officers to push the claim that Flynn had misled them.
Still earlier, the intelligence community invented a romantic relationship between Flynn and Russian historian Svetlana Lokhova. This was one of the false tales that came to us courtesy of British intelligence, most famously the Steele Dossier, and undoubtedly involved the CIA.
When Flynn became Trump’s favorite national security adviser, it became even more urgent for the Dark State to take him out. Having already organized the operation even before Trump became the Republican nominee, it was a relatively simple task to expand it, and as we know the FBI trapped him, as they had with Scooter Libby and others.
Full credit goes to Byron York for spotting the confirmation of the long-standing anti-Flynn operation, and for asking what it was all about. I believe I have written about the operation more than half a dozen times, but I never expected it to be documented in Mueller’s report. I hope it will be more fully explored when Mueller is questioned.
I also hope that President Trump will soon do the right thing, and pardon General Flynn. The government conjured a phony case against him. Now it’s time to turn him loose. Finally
Wednesday, April 24, 2019
MIL-ED PERSPECTIVES.. IRANIAN NUCLEAR DEAL; RUSSIAN INTERFERENCE AND ACCUSATIONS OF TRUMP COLLUSION; THE MUELLER REPORT... JOHN BRENNAN AND ADAM SCHIFF
1.It is impossible for us to make any firm statements about the background of the Iranian nuclear deal.However, a thorough investigation of certain key individuals is long overdue.
Amir Hossein Motaghi and Israeli intelligence claimed that prior to the formal Geneva negotiations Valerie Jarrett engaged in undercover negotiations with the Iranian regime [ Supreme Leader Ali Khamini and President Rouhani] for an extended period and that the Geneva negotiations were just a charade. In any case ,the massive unrestricted funds transfer to Iran, the inspection terms, and most other aspects of the deal were revealed in advance by Israeli intelligence. Either they have excellent sources or they have fantastic predictive ability. The Obama White House completely denied this claim. The Times of Israel has an excellent summary article [ ‘GENEVA TALKS A FACADE, US-IRAN WORKED SECRETLY ON DEAL FOR PAST YEAR’ By STUART WINER, Times of Israel, November 17, 2013 https://www.timesofisrael.com/iran-and-us-held-secret-talks-for-over-a-year/]
Other key individuals who apparently were the messenger boys for the Iranian Islamic clerical regime were Ben Rhodes Jr and Adam Schiff. The New York Times carried a surprisingly complete article revealing , in Ben Rhodes’ own words ,the elaborate subterfuge that Rhodes organized to sell the Iranian nuclear deal to the American public by knowingly subverting various research organizations and then playing the US media as an echo chamber -his words. [ The Aspiring Novelist Who Became Obama’s Foreign-Policy Guru, By David Samuels, May 5, 2016 https://www.nytimes.com/2016/05/08/magazine/the-aspiring-novelist-who-became-obamas-foreign-policy-guru.html]
2. Relating to the accusations concerning collusion with the Russiansby the Trump campaign, the Trump administration, and/ Donald Trump and Russian attempt to interfere with the 2016 presidential election certain observations are in order.
John Brennan was the key driver behind the US intelligence “efforts” to claim that Putin had personally directed the interference to favor Donald Trump. The membership of the intelligence committee that “determined" that Pres. Putin had directly ordered the intervention was personally selected by John Brennan and by James Comey. They were not the individuals who would normally undertake this evaluative operation. Also their “findings” were never reviewed and vetted as is standard in the intelligence community. [The Office of the Director of National Intelligence and the Department of Homeland Security issued the following joint statement: “The U.S. Intelligence Community is confident that the Russian Government directed the recent compromises of e-mails from U.S. persons and institutions, including from U.S. political organizations,” agencies. “ . . These thefts and disclosures are intended to interfere with the U.S. election process.” ---Obama administration publicly blames Russia for DNC hack http://thehill.com/policy/cybersecurity/299874-obama-administration-publicly-blames-russia-for-dnc-hack]
(1) Putin is a cold-blooded. realist with an agenda to expand Russian influence to encompass all of the areas of the previous Soviet Union and to become a major player in the Middle East. It is Putin’s agenda that guides his actions.[ And, from Putin’s point of view Hillary Clinton would have been much more likely to help him complete his agenda than is Donald Trump.]
(2) Most important to Putin is the very favorable political and economic outcomes to Russia that would occur from Hillary Clinton’s expected actions relating to fracking.Thus, a major reason that he prefers Hillary Clinton is her position and likely future actions concerning Fracking.
Hillary Clinton would probably attempt to eliminate fracking (or if she could not eliminate it entirely she would drastically reduce fracking within the United States). She would accomplish this through limiting the areas for petroleum exploration; instituting rigorous regulations; requiring extensive environmental studies; moratoriums; etc.
This elimination or reduction of US petroleum production by restrictions on fracking would increase the world price for petroleum.
This increase would give Putin a vast increase in the value of Russia’s petroleum reserves [ thus rescuing the currently faltering Russian economy ]; it would greatly increase the value of Putin’s petroleum exports. This would give Putin additional hard currency to help finance his expansionist adventures. It would restore Russia’s previous political and economic lock on East Europe’s energy supplies. (3). A second major reason that Putin probably favored Hillary Clinton in the election was Putin’s belief, [based on many years of observation of Bill Clinton, Barack Obama, Hillary Clinton and John Kerry] that a Hillary Clinton administration would continue the parameters and trend lines established by Barack Obama .[ The Obama administration had pulled back in every confrontation with Putin’s Russia. Putin has seen this US pattern and has resolved to remain the first mover, not expecting much American pushback except in words.]
Numerous segments of the intelligence community, such as the head of Naval intelligence; the head of the Office of Net aNssessment, etc. not only did not buy into Brennon’s pronouncements, but they also raised extensive doubts and explicitly demurred from being counted as supporting the findings. Nevertheless, the media reported that The US intelligence community concurred.
We reported that Russian efforts were directed at creating social discord. Although it appears that Putin preferred Hillary Clinton they went after Hillary Clinton as the front runner. Then they also decided to mess up Donald Trump. While we evaluated the Russian efforts as a minimum in terms of financial expenditure and misguided in terms of reaching the American public with a believable message it now appears that as a result of the concerted efforts of John Brennan, Adam Schiff, etc. the Russian objective of creating social discord and screwing up the American presidential administration has succeeded beyond Pres. Putin’s wildest dreams.
3 .The Mueller reportis a prosecutor’s brief presenting the maximum and most forceful position that can possibly be established. The specifics of the contents were heavily influenced by Andrew Weissmann. Normally, such materials would be subject to review in court by a defense team who would mount a very active cross-examination of witnesses. It is difficult not to observe the similarity of this report and the “Russian dossier”. The FusionGPS/ Christopher Steele materials were first briefed to the White House, then the existence of these materials was leaked to the media . Then, the accusations in the dossier were presented to the public. Similar to the handling of the “Russian dossier”, the Mueller report appears intended to serve as an accusation reservoir from which selective leaks can be then made to the public.
Mueller’s report discusses what Mueller found in regards to a Russian government effort to interfere with the 2016 elections and his investigations into whether the Trump campaign colluded or conspired with the Russian government in their efforts.
The Mueller report states in a summary of its findings on collusion:“Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.”
US intelligence provided contrary opinions from which the Mueller investigators arbitrarily selected those viewpoints that paralleled their pre-existing biases.
It is recommended that the appropriate Senate committees subpoena Andrew Weissmann to testify and that they question him as to his selection of certain contending intelligence submissions and his rejection of other equally prominent intelligence submissions.
Mr. Weissmann led the task force investigating Enron more than a decade ago. Nearly all of his "convictions" were reversed for cause and he was publicly admonished for hisprosecutorial misconduct.
Weissmann specializes in flipping witnesses and he oversaw or took part in almost every early aspect of the special counsel’s investigation including Mr. Manafort’s prosecution. Thus, the negative connotations ,especially involving incidents which are presented in the report as possible obstructions of justice by Pres. Trump are heavily weighted by Mr. Weissmann’s influence. For example, while both FBI agents interviewing Gen. Michael Flynn, concluded and reported that Gen. Flynn was telling the truth, their hands-on, on the scene evaluation was overruled by senior members of the Mueller investigation
Now that no charges will be filed, everyone in the media and political world is asking how or why the FBI opened a counterintelligence investigation specifically targeting President Donald Trump.
The answer is simple: According to his book “The Threat” and his “60 Minutes” interview, Andrew McCabe as acting FBI director opened the investigation into Trump and urged Deputy Attorney General Rod Rosenstein to appoint a special counsel to investigate him based almost entirely on Trump’s comment to NBC’s Lester Holt that he thought about “this Russia thing” when he decided to fire Jim Comey as FBI director in May 2017.
“And, in fact, when I decided to just do it [fire Comey], I said to myself, I said ‘you know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should have won.’” Trump said in the interview.
With those confusing words, it sounded as if Trump was saying he fired Comey because the FBI director was pursuing the Russia investigation and Trump wanted to stop it.
But Trump made it clear to aides afterward that he meant quite the opposite — that he was aware that firing Comey could prolong the Russia investigation. What Trump said in the interview immediately after his comment about “this Russia thing” confirms that and exposes McCabe’s rationale for opening the investigation of Trump as a fraud
Trump went on to say to Holt that he supported a full investigation into Russian interference in the election. He said he never tried to pressure Comey into dropping the existing FBI probe of Russian interference in the election — a legitimate investigation that never specifically targeted Trump.
“I want to find out if there was a problem in the election having to do with Russia,” Trump told Holt.
Then, as noted in my book “The Trump White House,” Trump went on to say: “As far as I’m concerned, I want that thing to be absolutely done properly. Maybe I’ll expand that, you know, lengthen the time [of the Russia probe] because it should be over with, in my opinion, should have been over with a long time ago. 'Cause all it is, is an excuse, but I said to myself, I might even lengthen out the investigation, but I have to do the right thing for the American people.”
The media largely ignored Trump’s statement making it clear that he realized that by firing Comey, he was probably prolonging the existing FBI investigation rather than obstructing it. Nor, in all the endless stories about the Russia investigation did the media point out that Trump never actually interfered with the FBI investigation, that he was not a target of an FBI investigation when he fired Comey, and that he did not corruptly cover up, destroy evidence, or make false statements to mislead investigators, all of which happened during Watergate when President Nixon clearly obstructed justice.
In his book McCabe deliberately and dishonestly omitted the rest of what Trump said to Holt about his dismissal of Comey probably lengthening the Russia investigation. In fact, in a second reference to why Trump’s comment in the interview justified an FBI investigation, McCabe said in his book that there was no need to look further into evidence of Trump’s motivations for firing Comey since “… the president already had publicly made the connection between Comey’s firing and ‘this Russia thing …’”
In addition, McCabe parenthetically cited the fact that in a “demeaning and dismissive way,” Trump had called the ongoing FBI investigation into Russian interference in the 2016 election—which included the possibility of collusion by the campaign — a “witch hunt,” as if voicing his opinion as president and defending himself had anything to do with a criminal act that could help justify opening an FBI investigation.
Thus, the entire basis for starting the FBI’s obstruction and collusion investigation specifically targeting Trump according to the man who says he started it was outrageously based on a phony predicate that dishonestly and deceitfully ignored the rest of what Trump said in the NBC interview.
The fact that anyone in the FBI would cite criticism of an FBI investigation as a reason to investigate that individual has to be embarrassing to everyone in law enforcement. But more importantly, the fact that McCabe would acknowledge opening an investigation of Trump that could have led to criminal charges based on his comment to Lester Holt and then suppress what the president actually said in that interview is far more shocking than all the claims we see in the media about the FBI’s FISA warrant applications, the so-called dossier, or the alleged wiretapping of the Trump campaign.
I have covered the FBI since J. Edgar Hoover was director. I have written three books on the FBI, one of which led to the dismissal of William Sessions as FBI director over his abuses.
And for my book “The Secrets of the FBI,” Robert Mueller as FBI director gave me unprecedented access to the bureau.
Not since Hoover opened FBI investigations into anyone who criticized the government and blackmailed presidents and members of Congress has the FBI so outrageously abused its authority.
Efforts by high-ranking officials in the CIA, FBI, Department of Justice (DOJ), and State Department to portray President Donald Trump as having colluded with Russia were the culmination of years of bias and politicization under the Obama administration.
“We got access to information up to 2010 in all of these categories. No law changed in 2010. No policy changed. … It was simply a decision by the General Counsel’s Office in 2010 that they viewed, now, the law differently. And as a result, they weren’t going to give us that information,” Horowitz told members of Congress in February 2015.
On Aug. 5, 2014, Horowitz and other inspectors general had sent a letter to Congress asking for unimpeded access to all records. Deputy Attorney General Sally Yates responded on July 20, 2015, with a 58-page memorandum, titled “Memorandum for Sally Quillian Yates Deputy Attorney General,” written by Karl R. Thompson, the principal deputy assistant attorney general of the Office of Legal Counsel (OLC).
The July 20, 2015, opinion was widely criticized. But it accomplished what it was intended to do. The opinion limited IG Horowitz’s oversight from extending to any information collected under Title III—including intercepted communications and national security letters. (Notably, The New York Times disclosed that national security letters were used in the surveillance of the Trump 2016 presidential campaign.)
In response, on Aug. 3, 2015, IG Horowitz sent a blistering letter to Congress. The letter was signed not only by Horowitz but by all other acting inspectors general as well:
“The OLC opinion’s restrictive reading of the IG Act represents a potentially serious challenge to the authority of every Inspector General and our collective ability to conduct our work thoroughly, independently, and in a timely manner. Our concern is that, as a result of the OLC opinion, agencies other than DOJ may likewise withhold crucial records from their Inspectors General, adversely impacting their work.
Horowitz continued to push Congress for oversight access and encouraged passage of theInspector General Empowerment Act. Horowitz would ultimately win his battle, but only as President Barack Obama was leaving office. On Dec. 16, 2016, Obama finally signed the Inspector General Empowerment Act into law.
It is against this backdrop of minimal oversight that Spygate took place.
Ironically, the Clinton email server investigation, known as the “Mid-Year Exam,” originated from a disclosure contained in a June 29, 2015, memo sent by the inspectors general for both the State Department and the Intelligence Community to Patrick F. Kennedy, then-undersecretary of state for management.
The IGs’ memo included an assessment that Clinton’s email account contained hundreds of classified emails, despite Clinton’s claims that there was no classified information present on her server.
On July 6, 2015, the IG for the Intelligence Community made a referral to the FBI, which resulted in the official opening of an investigation into the Clinton email server by FBI officials Randall Coleman and Charles Kable on July 10, 2015.
On July 30, 2015, within weeks of the FBI’s opening of the Clinton investigation, McCabe was suddenly promoted to the No. 3 position in the FBI. With his new title of associate deputy director, McCabe was transferred to FBI headquarters from the Washington Field Office, and his direct involvement in the Clinton investigation began.
Strzok would follow shortly. Less than a month after McCabe was transferred, FBI headquarters reached out to the Washington Field Office, saying it needed greater staffing and resources “based on what they were looking at, based on some of the investigative steps that were under consideration,” Strzok told congressional investigators in a closed-door hearing on June 27, 2018.
Strzok was one of the agents selected, and in late August 2015, he was assigned to the Mid-Year Exam team and transferred to FBI headquarters. Strzok, in his comments to lawmakers, acknowledged that the newly formed investigative team was largely made up of hand-picked personnel from the Washington Field Office and FBI headquarters.
Starting in October 2015 and continuing into early 2016, FBI Director James Comey made a series of high-profile reassignments that resulted in the complete turnover of the upper-echelon of the FBI team working on the Clinton email investigation:
Oct. 12, 2015: Louis Bladel was moved to the New York Field Office.
Dec. 1, 2015: Randall Coleman, assistant director of Counterintelligence, was named as executive assistant director of the Criminal, Cyber, Response, and Services Branch, and was replaced by Bill Priestap.
Dec. 9, 2015: Charles “Sandy” Kable was moved to the Washington Field Office.
Feb. 1, 2016: Mark Giuliano retired as FBI deputy director and was replaced by Andrew McCabe.
Feb. 11, 2016: John Giacalone retired as executive assistant director and was replaced by Michael Steinbach.
March 2, 2016: Gerald Roberts, Jr. was moved to the Washington Field Office.
Comey is the only known senior FBI leadership official who remained involved throughout the entire Clinton email investigation. McCabe had the second-longest tenure.
On Jan. 29, 2016, Comey appointed McCabe as FBI deputy director, replacing the retiring Giuliano, and McCabe assumed the No. 2 position in the FBI, after having held the No. 3 position for just six months.
It was at this point that FBI lawyer Lisa Page was assigned to McCabe as his special counsel. This was not the first time that Page worked directly for McCabe. James Baker, the FBI’s former general counsel, told congressional investigators that Page had worked for McCabe at various times during McCabe’s career, going back as far as 2013.
By early 2016, the three participants in the infamous “insurance policy” meeting—McCabe, Strzok, and Page—were now in place at the FBI.
In January 2016, Bill Priestap was named as head of the FBI’s Counterintelligence Division, replacing Coleman and inheriting the Clinton email investigation in the process.
According to Anderson, McCabe was aware of the ongoing concerns regarding Page’s circumventions, but it appears that nothing was done to address them:
Mr. Baker: “Do you know if Mr. McCabe was aware that some of his agent executives were concerned that they were being bypassed on information on what, by all accounts, was a sensitive, critical investigation?”
Ms. Anderson: “My understanding was that he was aware.”
DOJ Prevents ‘Gross Negligence’ Charges
By the spring of 2016, the Clinton email investigation was already winding down. This was due in large part to the fact that the DOJ, under Attorney General Loretta Lynch, had decided to set an unusually high threshold for the prosecution of Clinton, effectively ensuring from the outset that she would not be charged.
In order for Clinton to be prosecuted, the DOJ required the FBI to establish evidence of intent—even though the gross negligence statute explicitly does not require this.
This meant that the FBI would have needed to find a smoking gun, such as an email or an admission made during FBI questioning, revealing that Clinton or her aides knowingly set up the private email server to send classified information.
According to Page, the DOJ played a far larger role in the Clinton investigation than previously had been known:
“Everybody talks about this as if this was the FBI investigation, and the truth of the matter is there was not a single step, other than the July 5th statement, there was not a single investigative step that we did not do in consultation with or at the direction of the Justice Department,” Page told congressional investigators on July 13, 2018.
Notably, Comey had been convinced to remove the term “gross negligence” to describe Clinton’s actions from his prepared statement by, among others, Page, Strzok, Anderson, and Moffa.
CIA Director Instigates Trump Investigation
As the Clinton investigation wound down, interest from the intelligence community in the Trump campaign was ramping up. Sometime in 2015, it appears former CIA Director John Brennan established himself as the point man to push for an investigation into the Trump campaign. Using a combination of unofficial foreign intelligence compiled by contacts, colleagues, and associates—primarily from the UK, but also from other Five Eyes members, such as Australia—Brennan then fed this information to the FBI. Brennan stated this fact repeatedly during a May 23, 2017, congressional testimony:
“I made sure that anything that was involving U.S. persons, including anything involving the individuals involved in the Trump campaign, was shared with the [FBI].”
“I was aware of intelligence and information about contacts between Russian officials and U.S. persons that raised concerns in my mind about whether or not those individuals were cooperating with the Russians, either in a witting or unwitting fashion, and it served as the basis for the FBI investigation to determine whether such collusion [or] cooperation occurred.”
In late 2015, Britain’s Government Communications Headquarters (GCHQ) was involved in collecting information regarding then-candidate Trump and transmitting it to the United States. The GCHQ is the UK equivalent of the U.S. National Security Agency (NSA).
Information allegedly relayed by Papadopoulos during the Downer meeting—that the Russians had damaging information on Clinton—appears nearly identical to claims later contained in the first memo from former MI6 spy and dossier author Christopher Steele that the FBI obtained in early July 2016.
In the summer of 2016, Robert Hannigan, the head of the UK’s GCHQ, traveled to Washington to meet with Brennan regarding alleged communications between the Trump campaign and Moscow. Around the same time, Brennan formed an inter-agency task force comprising an estimated six agencies and/or government departments. The FBI, Treasury, and DOJ handled the domestic inquiry into Trump and possible Russia connections. The CIA, Office of the Director of National Intelligence, and the NSA handled foreign and intelligence aspects.
During this time, Brennan appeared to have employed the use of reverse targeting, which refers to the targeting of a foreign individual with the intent of capturing data on a U.S. citizen.
Mr. Brennan: “We call it incidental collection in terms of CIA’s foreign intelligence collection authorities. Any time we would incidentally collect information on a U.S. person, we would hand that over to the FBI because they have the legal authority to do it. We would not pursue that type of investigative, you know, sort of leads. We would give it to the FBI. So, we were picking things up that was of great relevance to the FBI, and we wanted to make sure that they were there—so they could piece it together with whatever they were collecting domestically here.”
As this foreign intelligence—unofficial in nature and outside of any traditional channels—was gathered, Brennan began a process of feeding his gathered intelligence to the FBI. Repeated transfers of foreign intelligence from the CIA director pushed the FBI toward the establishment of a formal counterintelligence investigation.
This final report was used to continue pushing the Russia-collusion narrative following the election of President Donald Trump. Notably, Adm. Mike Rogers of the NSA publicly dissented from the findings of the ICA, assigning it only a moderate confidence level.
Fusion GPS and the Steele Dossier
Meanwhile, another less official effort began. Information paid for by the Democratic National Committee (DNC) and the Clinton campaign targeting Trump made its way to the highest levels of the FBI and the State Department, with a sophisticated strategy relying on the personal connections of hired operatives.
Steele’s firm, Orbis Business Intelligence, was retained by Fusion GPS during the period between June and November 2016. During this time, Steele produced 16 memos, with the last memo dated Oct. 20, 2016. There is one final memo that Steele wrote on Dec. 13 at the request of Sen. John McCain (R-Ariz.).
Gaeta was later identified as Steele’s FBI handler, in a July 16, 2018, congressional testimony before the House Judiciary and Oversight committees by Page.
On July 29, 2016, Steele wrote to Bruce, saying that he would “be in DC at short notice on business,” and asked to meet with both Bruce and his wife. On July 30, 2016, the Ohrs met Steele for breakfast at the Mayflower Hotel. Also present at the breakfast meeting was a fourth individual, described by Bruce as “an associate of Mr. Steele’s, another gentleman, younger fellow. I didn’t catch his name.” Nellie testified that Steele’s associate had a British accent.
The timing of the July 30 breakfast meeting is of particular note, as the FBI’s counterintelligence investigation, “Crossfire Hurricane,” was formally opened the following day, on July 31, 2016, by FBI agent Peter Strzok.
Steele also referenced Deripaska’s business dealings with Trump campaign chairman Paul Manafort and foreign policy adviser Carter Page’s meetings in Moscow.
Lastly, Bruce noted that Steele told him he had been in contact with the FBI but now had additional reports. “Chris Steele had provided some reports to the FBI, I think two, but that Glenn Simpson had more,” he said.
Immediately following the Ohrs’ breakfast meeting with Steele, Bruce Ohr reached out to FBI Deputy Director McCabe and the two met in McCabe’s office—sometime between July 30 and the first days of August. Also present at this meeting was FBI lawyer Page, who had previously worked for Bruce Ohr at the DOJ, where he was her direct supervisor for five to six years.
Bruce Ohr would later testify that during the July/August meeting, he told McCabe that his wife, Nellie, worked for Fusion, noting, “I wanted the FBI to be aware of any possible bias.” FBI General Counsel Baker, who reviewed a portion of the Foreign Intelligence Surveillance Act (FISA) application to spy on Trump campaign adviser Carter Page—which relied in part on the information from Steele—told congressional investigators that he was never told of Ohr’s concerns regarding possible bias and conflicts of interest.
On Aug. 15, 2016, a week or two following Bruce Ohr’s meeting with McCabe, Strzok would send the now-infamous “insurance policy” text referencing McCabe to Lisa Page:
“I want to believe the path you threw out for consideration in Andy’s office – that there’s no way he gets elected – but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.”
On Aug. 22, Bruce Ohr had a meeting with Simpson. Ohr would later discuss that meeting during his testimony:
“I don’t know exactly what Chris Steele was thinking, of course, but I knew that Chris Steele was working for Glenn Simpson, and that Glenn might have additional information that Chris either didn’t have or was not authorized to prevent [present], give me, or whatever.”
It was at this meeting that Simpson first mentioned Belarusan-American businessman Sergei Millian and former Trump attorney Michael Cohen.
During her testimony, FBI lawyer Lisa Page was questioned by Rep. Mark Meadows (R-N.C.) in relation to an Aug. 25, 2016, text message that read, “What are you doing after the CH brief?” CH almost certainly referred to Crossfire Hurricane.
Lisa Page then was asked about an event that took place on the same day as the “CH brief”—a briefing provided by Brennan to then-Senate Minority Leader Harry Reid:
“You give a brief on August the 25th. Director Brennan is giving a brief. It’s not a Gang of Eight brief. It is a one-on-one, from what we can tell, a one-on-one briefing with Harry Reid at that point.”
According to Meadows, Brennan briefed Reid on the Steele dossier:
“We have documents that would suggest that in that briefing the dossier was mentioned to Harry Reid and then obviously we’re going to have to have conversations. Does that surprise you that Director Brennan would be aware [of the dossier]?”
Lisa Page appeared genuinely surprised that Brennan would have been aware of the dossier’s existence at this early point, telling Meadows: “The FBI got this information from our source. If the CIA had another source of that information, I am neither aware of that nor did the CIA provide it to us if they did.”
She elaborated further: “As of August of 2016, I don’t know who Christopher Steele is. I don’t know that he’s an FBI source. I don’t know what he does. I have never heard of him in all of my life.”
This claim by Page seems incongruous when viewed against Bruce Ohr’s testimony that he met with Page and McCabe in the first days of August following his July 30, 2016, breakfast with Steele:
“My initial meeting was with Mr. McCabe and with Lisa Page.
“I was telling them about what I was hearing from Chris Steele.”
Meanwhile, Brennan’s briefing prompted Reid to write not one but two letters to Comey. Both demanded that Comey commence an investigation, with the details to be made public.
Reid’s first letter, which touched on Carter Page, was sent on Aug. 27, 2016. Reid’s second letter, far angrier and declaring Comey to be in possession of material information, was sent on Oct. 30, 2016.
There had been reports that Comey had been considering closing the FBI investigation of Trump, something Brennan strongly opposed. Now, with Reid’s letters sent, that avenue was effectively closed. The termination of the FBI’s Trump–Russia investigation would be all but impossible in the face of Reid’s public demands.
Perhaps it was in response to Reid’s Aug. 27 letter that the FBI suddenly reached out to Steele in September 2016, asking him for all the information in his possession. The team working on Crossfire Hurricane received documents and a briefing from Steele in mid-September,reportedly at a meeting in Rome, where Gaeta also was present.
During Lisa Page’s testimony, she appeared to corroborate this account, noting that the team received the “reports that are known as the dossier from an FBI agent who is Christopher Steele’s handler in September of 2016.” She would later clarify the timing, noting “we received the reporting from Steele in mid-September.” A text sent to her by FBI agent Peter Strzok on Oct. 12, 2016, may provide us with the actual date:
“We got the reporting on Sept 19. Looks like [redacted] got it early August.”
Steele had produced eight reports from June 20, 2016, through the end of August 2016 (there also is one undated report included in the dossier). No further reports were generated by Steele until Sept. 14, when he suddenly wrote three separate memos in one day. One of the memos referenced a Russian bank named Alfa Bank, misspelled as “Alpha” in his memo. Steele’s sudden burst of productivity was likely done in preparation for his Oct. 19 meeting in Rome with the FBI.
The impact of Brennan’s potential knowledge of the dossier in August 2016 should not be underestimated. As Brennan testified to Congress, his briefing to the Gang of Eight was done in consultation with the Obama administration:
“Through the so-called Gang-of-Eight process we kept Congress apprised of these issues as we identified them. Again, in consultation with the White House, I personally briefed the full details of our understanding of Russian attempts to interfere in the election to congressional leadership.
“Given the highly sensitive nature of what was an active counter-intelligence case, involving an ongoing Russian effort, to interfere in our presidential election, the full details of what we knew at the time were shared only with those members of Congress.”
Following the publication of the Isikoff article, the Hillary for America campaign released a statement on the same day that touted Isikoff’s “bombshell report,” with the full article attached.
A second lengthy article was published on Sept. 23, by Politico: “Who Is Carter Page? The Mystery of Trump’s Man in Moscow,” by Julia Ioffe. This article was particularly interesting as it appeared to highlight media efforts by Fusion GPS:
“As I started looking into Page, I began getting calls from two separate ‘corporate investigators’ digging into what they claim are all kinds of shady connections Page has to all kinds of shady Russians. One is working on behalf of various unnamed Democratic donors; the other won’t say who turned him on to Page’s scent. Both claimed to me that the FBI was investigating Page for allegedly meeting with Igor Sechin and Sergei Ivanov, who was until recently Putin’s chief of staff—both of whom are on the sanctions list—when Page was in Moscow in July for that speech.”
Ioffe noted that “seemingly everyone I talked to had also talked to the Washington Post, and then there were these corporate investigators who drew a dark and complex web of Page’s connections.”
Her article also mentioned rumors regarding Alfa Bank:
“In the interest of due diligence, I also tried to run down the rumors being handed me by the corporate investigators: that Russia’s Alfa Bank paid for the trip as a favor to the Kremlin; that Page met with Sechin and Ivanov in Moscow; that he is now being investigated by the FBI for those meetings because Sechin and Ivanov were both sanctioned for Russia’s invasion of Ukraine.”
It was probably during this same trip to Washington that Steele met with Jonathan Winer, a former deputy assistant secretary of state for international law enforcement and former special envoy for Libya, whom Steele had known since at least 2010.
Winer had received a separate dossier, very similar to Steele’s, from longtime Clinton confidant Sidney Blumenthal. This “second dossier” had been compiled by another longtime Clinton operative, former journalist Cody Shearer, and echoed claims made in the Steele dossier. Winer gave Steele a copy of the “second dossier.” Steele then shared this second dossier with the FBI, which may have used it as a means to corroborate Steele’s own dossier.
Steele also met with U.S. media during his visit to Washington, doing so “at Fusion’s instruction.” According to UK Court documents, Steele testified that he “briefed” The New York Times, The Washington Post, Yahoo News, The New Yorker, and CNN at the end of September 2016. Steele would engage in a second round of media contact in mid-October 2016, meeting again with The New York Times, The Washington Post, and Yahoo News. Steele testified that all these meetings were “conducted verbally in person.”
“In classified sessions in August and September, intelligence officials also briefed congressional leaders on the possibility of financial ties between Russians and people connected to Mr. Trump. They focused particular attention on what cyberexperts said appeared to be a mysterious computer back channel between the Trump Organization and the Alfa Bank, which is one of Russia’s biggest banks and whose owners have longstanding ties to Mr. Putin.”
The reference to “classified sessions in August and September” is likely in relation to the series of Gang of Eight briefings that former CIA Director John Brennan engaged in at that time—including his briefing to then-Senate Minority Leader Harry Reid. The article continued:
“F.B.I. officials spent weeks examining computer data showing an odd stream of activity to a Trump Organization server and Alfa Bank. Computer logs obtained by The New York Times show that two servers at Alfa Bank sent more than 2,700 ‘look-up’ messages—a first step for one system’s computers to talk to another—to a Trump-connected server beginning in the spring. But the F.B.I. ultimately concluded that there could be an innocuous explanation, like a marketing email or spam, for the computer contacts.”
The second article, “Was a Trump Server Communicating With Russia?” by Slate Magazine, was solely focused on the allegations regarding a server in the Trump Tower that had allegedly been communicating with a server at Alfa Bank in Russia.
Immediately following the publication of the Slate article, Clinton posted a tweet that included a statement from Jake Sullivan, a senior policy adviser:
“Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.”
Sullivan’s statement referenced the Slate article and included the following:
“This could be the most direct link yet between Donald Trump and Moscow. Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.
“This secret hotline may be the key to unlocking the mystery of Trump’s ties to Russia. It certainly seems the Trump Organization felt it had something to hide, given that it apparently took steps to conceal the link when it was discovered by journalists.”
The Alfa Bank story took off—despite the same-day story from The New York Times that specifically noted the FBI had investigated that matter and found nothing untoward.
“In recent weeks, reporters in Washington have pursued anonymous online reports that a computer server related to the Trump Organization engaged in a high level of activity with servers connected to Alfa Bank, the largest private bank in Russia. On Monday, a Slateinvestigation detailed the pattern of unusual server activity but concluded, ‘We don’t yet know what this [Trump] server was for, but it deserves further explanation.’ In an email to Mother Jones, Hope Hicks, a Trump campaign spokeswoman, maintains, ‘The Trump Organization is not sending or receiving any communications from this email server. The Trump Organization has no communication or relationship with this entity or any Russian entity.’”
More notably, Corn’s article also provided the first public reporting on the existence of the Steele dossier:
“A former senior intelligence officer for a Western country who specialized in Russian counterintelligence tells Mother Jones that in recent months he provided the bureau with memos, based on his recent interactions with Russian sources, contending the Russian government has for years tried to co-opt and assist Trump—and that the FBI requested more information from him.”
As it turns out, Corn had detailed, first-hand knowledge of the dossier. According to testimony from Baker, Corn had been provided with parts of the dossier by Fusion GPS head Glenn Simpson. Baker knew of this fact, because within a week of publishing his article, Corn passed these dossier parts on to Baker personally:
Rep. Jordan: “Prior to the election Mr. Corn had a copy of the dossier and was talking to you about giving that to you so the FBI would have it. Is that all right? I mean all accurate.”
Mr. Baker: “My recollection is that he had part of the dossier, that we had other parts already, and that we got still other parts from other people, and that — and nevertheless some of the parts that David Corn gave us were parts that we did not have from another source?”
Steele had written four memos after the FBI team received his information in mid-September. All of the memos were written in October—on the 12th, 18th, 19th, and the 20th. It is possible that these were the memos passed along to Baker by Corn.
Baker testified that he received elements of the dossier from Corn that were not in the FBI’s possession at the time. He said that he immediately turned this information over to leadership within the FBI, noting, “I think it was Bill Priestap,” the head of the FBI’s Counterintelligence Division.
The use of personal relationships as a mechanism to transmit outside information to the FBI was actually noted by Baker, who said of Corn: “Even though he was my friend, I was also an FBI official. He knew that. And so he wanted to somehow get that into the hands of the FBI.”
Bruce Ohr’s FBI Handler
Christopher Steele was terminated as a source by the FBI on Nov. 1, 2016, for communicating with the media. Despite this, DOJ official Bruce Ohr and Steele communicated regularly for another full year, until November 2017.
On Nov. 21, 2016, Ohr had a meeting with FBI agent Peter Strzok and FBI lawyer Lisa Page, and was introduced to FBI agent Joe Pientka, who became Ohr’s FBI handler. Pientka was also present with Strzok during the Jan. 24, 2017, interview of Trump’s national security adviser, Lt. Gen. Michael Flynn.
The next day, Nov. 22, 2016, Ohr met alone with Pientka. Ohr would continue to relay his communications with Steele to the FBI through Pientka, who then recorded them in FD-302 forms. What Ohr didn’t know was that Pientka was transmitting all the information directly to Strzok.
Ohr, in his testimony, detailed his interactions with Steele and Glenn Simpson, as well as his communications with officials at the FBI and DOJ. Notably, Ohr repeatedly stated that he never vetted any of the information provided by either Steele or Simpson. He simply turned it over or relayed it to the FBI—usually to Pientka—but Ohr also testified that “at least on two occasions I was handed onto a new agent.”
Sometime in late 2016, his wife, Nellie Ohr, provided him with a memory stick containing all of her research that she had compiled while employed at Fusion GPS. Bruce Ohr testified he gave the memory stick to Pientka. Nellie Ohr had left Fusion in September 2016. Through Pientka, Strzok now had all of Nellie Ohr’s Fusion research in his possession.
On Dec. 10, 2016, Bruce Ohr met with Simpson, who gave him a memory stick that Ohr believed contained a copy of the Steele dossier. Ohr also passed this second memory stick along to Pientka.
On Jan. 20, 2017, Ohr had one final communication with Simpson, a phone call that took place on the same day as Trump’s inauguration. Ohr testified that Fusion GPS co-founder Glenn Simpson was concerned that one of Steele’s sources was about to be exposed through the pending publication of an article:
Mr. Ohr: “He says something along the lines of, I — there’s going to be some reporting in the next few days that’s going to — could expose the source, and the source could be in personal danger.”
Rep. Meadows: “And why was he concerned about that source being exposed?”
Mr. Ohr: “I think he was aware of some kind of article that was likely to come out in the next, you know, few days or something.”
Apparently, Simpson’s information was at least partly accurate. On Jan. 24, 2017, The Wall Street Journal reported that Sergei Millian, a Belarusan-American businessman and onetime Russian government translator, was both “Source D” and “Source E” in the dossier. It remains unknown exactly how Simpson knew in advance that Millian would be outed as a source.
But there are some questions as to the accuracy of the Journal’s reporting. The dossier appears to conflict with the newspaper’s article in at least one aspect. According to the dossier, Source E was used as confirmation for Source D—meaning they can’t be the same person.
McCain, the Dossier, and a UK Connection
Simpson and Steele were carefully thorough in their dissemination efforts. The dossier was fed into U.S. channels through several different sources.
One such source was Sir Andrew Wood, the former British ambassador to Russia, who had been briefed about the dossier by Steele. Wood may have previously worked on behalf of Steele’s company, Orbis Business Intelligence; he was referenced in a UK court filing as an associate of Orbis. Wood was also referred to as an adviser to Orbis in a deposition by an associate of late Sen. John McCain (R-Ariz.), David Kramer.
Kramer knew Wood previously from their mutual expertise on Russia. Kramer said in his deposition, which was part of a defamation lawsuit against BuzzFeed News, that Wood told him that “he was aware of information that he thought I should be aware of and that Senator McCain might be interested in.”
Steele produced a final memo dated Dec. 13, 2016. According to UK court documents, Kramer, on behalf of McCain, had asked Steele to provide any further intelligence that he had gathered relating to “alleged Russian interference in the US presidential election.” Notably, it appears it was this request from McCain that led Steele to produce his Dec. 13 memo.
Although Kramer didn’t provide a date, he said he received the final Steele memo sometime after “Senator McCain had provided the copy to Director Comey.” We know that Kramer received the final memo prior to Dec. 29—when Kramer met with BuzzFeed’s Bensinger.
Kramer testified that Bensinger “said he wanted to read them, he asked me if he could take photos of them on his—I assume it was an iPhone. I asked him not to. He said he was a slow reader, he wanted to read it. And so I said, you know, I got a phone call to make, and I had to go to the bathroom…” Kramer said that he “left him to read it for 20, 30 minutes.”
Kramer also testified that besides the reporters, he gave a final copy of the dossier to two other people in early January 2017: Rep. Adam Kinzinger (R-Il.) and House Speaker Paul Ryan’s chief of staff, Jonathan Burks.
James Clapper Leaks Details of Obama–Trump Briefings
The ICA on alleged Russian hacking was released internally on Jan. 5, 2017. On this same day, outgoing president Obama held an undisclosed White House meeting to discuss the assessment—and the attached summation of the dossier—with national security adviser Susan Rice, FBI Director James Comey, and Deputy Attorney General Sally Yates. Rice would later send herself an email documenting the meeting.
The following day, CIA Director John Brennan, Director of National Intelligence James Clapper, and Comey attached a written summary of the Steele dossier to the classified briefing they gave Obama. Comey then met with President-elect Trump to inform him of the dossier. This meeting took place just hours after Comey, Brennan, and Clapper formally briefed Obama on both the ICA and the Steele dossier.
Shortly after Comey’s meeting with Trump, both the Trump–Comey meeting and the existence of the dossier were leaked to CNN. The significance of the meeting was material, as Comey noted in a Jan. 7 memo:
“Media like CNN had them and were looking for a news hook. I said it was important that we not give them the excuse to write that the FBI has the material.”
The media had widely dismissed the dossier as unsubstantiated and, therefore, unreportable. It was only after learning that Comey briefed Trump on it that CNN reported on the dossier. The House Intelligence Committee report on Russian election interference confirmed that Clapper personally leaked confirmation of the dossier, along with Comey’s meeting with Trump, to CNN:
“The Committee’s investigation revealed that President-elect Trump was indeed briefed on the contents of the Steele dossier and when questioned by the Committee, former Director of National Intelligence James Clapper admitted that he confirmed the existence of the dossier to the media.”
Additionally, the House intelligence report shows Clapper appears to have been the direct source for CNN’s Jake Tapper and his Jan. 10 story that disclosed the existence of the dossier:
“When initially asked about leaks related to the ICA in July 2017, former DNI Clapper flatly denied ‘discuss[ing] the dossier [compiled by Steele] or any other intelligence related to Russia hacking of the 2016 election with journalists.’ Clapper subsequently acknowledged discussing the ‘dossier with CNN journalist Jake Tapper,’ and admitted that he might have spoken with other journalists about the same topic.
“Clapper’s discussion with Tapper took place in early January 2017, around the time IC leaders briefed President Obama and President-elect Trump, on ‘the Christopher Steele information,’ a two-page summary of which was ‘enclosed in’ the highly-classified version of the ICA.”
The allegations within the dossier were made public, and with reporting of the briefings by intelligence community leaders, instant credibility was given to the dossier’s assertions.
Immediately following the CNN story, BuzzFeed published the Steele dossier, and the Trump–Russia conspiracy was pushed into the mainstream.
David Kramer was asked about his reaction when CNN broke the story on the dossier. According to his deposition, Kramer stated, “I believe my words were ‘Holy [expletive].’”
Kramer, who was actually meeting with The Guardian’s Julian Borger when CNN reported on the dossier, said that he quickly spoke with Steele, who “was shocked.”
On the following day, Jan. 11, 2017, Clapper issued a statement condemning the leaks—without revealing the fact that he was the source of the leak.
On Nov. 17, 2016, Clapper submitted his resignation as director of national intelligence; his resignation became effective on Jan. 20, 2017. Later that year, CNN hired Clapper as its national security analyst.
The Effort to Remove General Flynn
Lt. Gen. Michael Flynn, then-national security adviser to President Donald Trump, wasinterviewed on Jan. 24, 2017, by FBI agents Peter Strzok and Joe Pientka about two December 2016 conversations that Flynn had had with Russian Ambassador Sergei Kislyak.
Flynn has been portrayed in the media as being suspiciously close to Russia; a dinner in Moscow that occurred in late 2015 is frequently cited as evidence of this.
On Dec. 10, 2015, Flynn attended an event in Moscow to celebrate the 10th anniversary of Russian television network RT. Flynn, who was seated next to Russian President Vladimir Putin for the culminating dinner, was also interviewed on national security matters by an RT correspondent. Flynn’s speaker’s bureau, Leading Authorities Inc., was paid $45,000 for the event and Flynn received $33,000 of the total amount.
Seated at the same table with Flynn was Jill Stein, the Green Party candidate in the 2016 election. By all accounts, including Stein’s, Flynn and Putin didn’t engage in any real conversation. At the time, Flynn’s trip didn’t garner significant attention. But it would later be used by the media and the Clinton campaign to push the Russia-collusion narrative.
Notably, as stated by lawyer Robert Kelner, Flynn disclosed his Moscow trip to the Defense Intelligence Agency before he traveled there and provided a full briefing upon his return:
“As has previously been reported, General Flynn briefed the Defense Intelligence Agency, a component agency of the DoD, extensively regarding the RT speaking event trip both before and after the trip, and he answered any questions that were posed by the DIA concerning the trip during those briefings.”
Flynn’s trip to Russia was first brought to broader attention on July 18, 2016, during a live interview at the Republican National Convention with Yahoo News reporter Michael Isikoff.
The Isikoff interview took place on July 18, 2016. Unknown at the time, the matter had also captured the attention of Christopher Steele, who had begun publishing his dossier memos on June 20, 2016.
Contained within an Aug. 10, 2016, memo was this initial reference to Flynn:
“Kremlin engaging with several high profile US players, including STEIN, PAGE and (former DIA Director Michael Flynn) and funding their recent visits to Moscow.”
In addition to the obvious questions raised by the timing of Flynn’s name appearing in Steele’s Aug. 10 memo, is the manner in which Flynn is denoted. All other names are capitalized, in the manner of intelligence briefings. Flynn’s name isn’t capitalized and, in one case, appears within parentheses.
Steele met with Yahoo News’ Isikoff in September 2016 and gave him information from the dossier. The resulting Sept. 23, 2016, article from Isikoff was then cited by the FBI as validating Steele’s claims and was featured in the original FISA application, and its three subsequentrenewals, for a warrant to spy on Trump campaign foreign policy adviser Carter Page.
Steele wasn’t the only person Isikoff was working with. On April 26, 2016, Isikoff published a story on Yahoo News about Paul Manafort’s business dealings with Russian oligarch Oleg Deripaska. It was later learned from a Democratic National Committee (DNC) email leaked byWikileaks that Isikoff had been working with Alexandra Chalupa, a Ukrainian-American operative who was doing consulting work for the DNC. Chalupa met with top officials in the Ukrainian Embassy in Washington in an effort to expose alleged ties between Trump, Manafort, and Russia.
The obvious question remains: How did the information on Flynn make its way into the dossier at the time it did, and who provided the information to Steele?
Flynn’s 2015 dinner in Moscow was initially used to implicate the Trump campaign’s ties to Russia. It was then used as a means to cast doubts on Flynn’s ability as Trump’s national security adviser. Following Flynn’s resignation, it was then used as a means to pursue the ongoing collusion narrative that gained full strength in the early days of the Trump administration.
“In an extraordinary report released last week, the agencies bluntly accused the Russian government of having worked to undermine American democracy and promote the candidacy of Mr. Trump. The report is likely to renew questions about Mr. Flynn’s avowed eagerness to work with Russia, and his dismissal of concerns about President Vladimir V. Putin.”
Flynn would resign from his position as national security adviser in February 2017. The sequence of events leading to his resignation were both coordinated and orchestrated, with acting Attorney General Sally Yates playing a leading role.
On Jan. 12, 2017, Flynn’s Dec. 29, 2016, call with Kislyak was leaked to The Washington Post. The article portrayed Flynn as undermining Obama’s Russia sanctions that had been imposed on the same day as Flynn’s call with the Russian ambassador.
On Jan. 15, five days before Trump’s inauguration, Vice President Mike Pence appeared on “Face the Nation” to defend Flynn’s calls.
A few days later, on Jan. 19, Obama officials—Yates, Clapper, Brennan and Comey—met to discuss Flynn’s situation. The concern they reportedly discussed was that Flynn might have misled Trump administration officials regarding the nature of his call with Kislyak.
Yates later testified before Congress that the meeting surrounded Flynn’s phone calls and his FBI interview. She also testified that Flynn’s call and subsequent interview “was a topic of a whole lot of discussion in DOJ and with other members of the intel community.” McGahn reportedly asked Yates, “Why does it matter to the DOJ if one White House official lies to another official?”
McGahn called Yates the following day and asked her to return for a second meeting. Yates returned to the White House without McCord. McGahn asked to examine the FBI’s evidence on Flynn. Yates said she would respond by the following Monday.
Yates failed to provide McGahn with the FBI’s evidence on Flynn. From that point, the pressure on Flynn and the Trump administration escalated—with help from media reporting.
Flynn resigned on Feb. 13, after it was reported that he had misled Pence about phone conversations he’d had with Kislyak.
The following day, The New York Times reported that “phone records and intercepted calls show that members of Donald J. Trump’s 2016 presidential campaign and other Trump associates had repeated contacts with senior Russian intelligence officials in the year before the election, according to four current and former American officials.”
With Flynn gone and the Russian narrative firmly established, the conspirators then turned their attention to Trump’s newly confirmed attorney general, Jeff Sessions. On March 1, 2017, The Washington Post reported that Sessions had twice had contact with the Russian ambassador, Kislyak. The following day, March 2, Sessions recused himself from the Russia investigation.
On the same day that Sessions recused himself, Evelyn Farkas, a former deputy assistant secretary of defense, detailed efforts at hampering the newly installed Trump administration, during a March 2, 2017, interview with MSNBC, in which she described how the Obama administration gathered and disseminated intelligence on the Trump team:
“I was urging my former colleagues and, frankly speaking, the people on the Hill … ‘Get as much information as you can. Get as much intelligence as you can before President Obama leaves the administration.’
“The Trump folks, if they found out how we knew what we knew about the Trump staff’s dealing with Russians, [they] would try to compromise those sources and methods, meaning we would no longer have access to that intelligence. … That’s why you have the leaking.”
Note that Farkas said “how we knew,” not just “what we knew.”
Obama Officials Used Unmasking to Target the Trump Campaign
On Tuesday, March 21, 2017, the chair of the House Permanent Select Committee on Intelligence, Rep. Devin Nunes (R-Calif.), met a classified source who showed him “dozens” of intelligence reports. Contained within these reports was evidence of surveillance on the Trump campaign. Nunes held a press conference on March 22 highlighting what he had found:
On May 3, 2017, James Comey testified before the Senate Judiciary Committee. Under oath, Comey stated that his agency—and the FBI’s investigation—had not been pressured by the Trump administration:
Sen. Hirono: “So if the attorney general or senior officials at the Department of Justice opposes a specific investigation, can they halt that FBI investigation?”
Mr. Comey: “In theory, yes.”
Sen. Hirono: “Has it happened?”
Mr. Comey: “Not in my experience. Because it would be a big deal to tell the FBI to stop doing something that – without an appropriate purpose. I mean where oftentimes they give us opinions that we don’t see a case there and so you ought to stop investing resources in it. But I’m talking about a situation where we were told to stop something for a political reason. That would be a very big deal. It’s not happened in my experience.”
Rosenstein would later tell members of Congress: “In one of my first meetings with then-Sen. Jeff Sessions last winter, we discussed the need for new leadership at the FBI. Among the concerns that I recall were to restore the credibility of the FBI, respect the established authority of the Department of Justice, limit public statements and eliminate leaks.”
Regarding the recommendation, Rosenstein said: “I wrote it. I believe it. I stand by it.”
McCabe’s FBI Reaches Out Again to Steele
Within days of Trump’s firing of Comey, the FBI, now under the leadership of acting-FBI Director Andrew McCabe, suddenly decided to reestablish direct contact with Christopher Steele through DOJ official Bruce Ohr.
The re-engagement attempt came six months after Steele had been formally terminated by the FBI on Nov. 1, 2016.
The FBI’s re-engagement of Ohr was highlighted during a congressional review of some text messages between Ohr and Steele:
Mr. Ohr: “The FBI had asked me a few days before, when I reported to them my latest conversation with Chris Steele, they had had would he—next time you talk with him, could you ask him if he would be willing to meet again.”
Rep. Jordan: “So this is the re-engagement?”
Mr. Ohr: “Yes.”
The texts being referenced were sent on May 15, 2017, and refer to a request that Ohr received from the FBI to ask Steele to re-engage with the FBI in the days after Comey had been fired on May 9.
This was the only time the FBI used Ohr to reach out to Steele.
The Battle Between McCabe and Rosenstein
Two days after Comey was fired, on May 11, 2017, McCabe testified before the Senate Intelligence Committee. While the hearing’s original intent had been to focus on national security threats, Trump’s firing of Comey completely altered the topic of the hearing.
McCabe, who agreed that he would notify the committee “of any effort to interfere with the FBI’s ongoing investigation into links between Russia and the Trump campaign,” told members of Congress that there had been “no effort to impede our investigation to date.” In other words, McCabe testified that he was unaware of any evidence of obstruction from Trump or his administration. Notably, Comey’s May 3 testimony may have left McCabe with little choice other than to confirm there had been no obstruction.
On the morning of May 16, 2017, Rosenstein allegedly suggested to McCabe that he could secretly record Trump. It was at this meeting that McCabe was “pushing for the Justice Department to open an investigation into the president,” according to witness accounts reported by The Washington Post.
In addition to McCabe, Rosenstein, and McCabe’s special counsel, Lisa Page, there were one or two others present, including Rosenstein’s chief of staff, James Crowley, and possibly Scott Schools, the senior-most career attorney at the DOJ and a top aide to Rosenstein.
An unnamed participant at the meeting, in comments to The Washington Post, framed the conversation between McCabe and Rosenstein in an entirely different light, noting that Rosenstein had responded with angry sarcasm to McCabe, saying, “What do you want to do, Andy, wire the president?”
This was just five days after McCabe had publicly testified that there was no obstruction on the part of the Trump administration.
Rosenstein appointed Mueller as special counsel the following day, on May 17, 2017, and in doing so, Rosenstein removed control of the Trump–Russia investigation from McCabe and put it in the hands of Mueller.
This was confirmed in a recent statement by a DOJ spokesperson, who said, “The deputy attorney general in fact appointed special counsel Robert Mueller, and directed that Mr. McCabe be removed from any participation in that investigation.”
Following the appointment of Mueller as special counsel, it also appears the FBI’s efforts to re-engage with Steele abruptly ended.
‘There’s No Big There There’
We know the FBI hadn’t found any evidence of collusion in the May 2017 timeframe. While McCabe was attempting to open an obstruction investigation, Peter Strzok—who played a key role in the counterintelligence investigation of the Trump campaign—texted Lisa Page about lacking evidence of collusion:
“You and I both know the odds are nothing. If I thought it was likely, I’d be there, no question. I hesitate, in part, because of my gut sense and concern there’s no big there there.”
Page, who was asked about this text during her July 2018 testimony, said, “So I think this represents that even as far as May of 2017, we still couldn’t answer the question.”
James Baker, who was questioned about the Strzok text, was then asked if he’d seen any evidence to the contrary. He stumbled a bit in his reply:
Rep. Meadows: “Do you have any evidence to the contrary that you observed personally in your official capacity?”
Mr. Baker: “So the difficulty I’m having with your question is, what does ‘collusion’ mean, and what does ‘prove’ mean? And so I don’t know how to respond to that.”
FBI Leadership Speculates on New Trump–Russia Collusion Narrative
In his testimony, Baker disclosed the actual substance of discussions taking place at the upper echelons of the FBI immediately following Comey’s firing—that Vladimir Putin had ordered Trump to fire Comey:
Mr. Baker: “We discussed, so to the best of my recollection, with the same people I described earlier: Mr. McCabe, possibly Mr. Gattis [Carl Ghattas, executive assistant director of the National Security Branch], Mr. Priestap, possibly Lisa Page, possibly Pete Strzok. I don’t remember that specifically.”
Rep. Ratcliffe: “So there was—there was a discussion between those folks, possibly all of the folks that you’ve identified, about whether or not President Trump had been ordered to fire Jim Comey by the Russian Government?”
Mr. Baker: “I wouldn’t say ordered. I guess I would say the words I sort of used earlier, acting at the behest of and somehow following directions, somehow executing their will, whether—and so literally an order or not, I don’t know. But—”
Rep. Ratcliffe: “And so—”
Mr. Baker: “As a—it was discussed as a theoretical possibility.”
Rep. Ratcliffe: “When was it discussed?”
Mr. Baker: “After the firing, like in the aftermath of the firing.”
The FBI, with no actual evidence of collusion after 10 months of investigating, began discussing a complete hypothetical at the highest levels of leadership as a means to possibly open an obstruction-of-justice investigation of the president of the United States.
During his testimony, Baker told lawmakers: “I had a jaundiced eye about everything, yes. I had skepticism about all this stuff. I was concerned about all of this. This whole situation was horrible, and it was novel and we were trying to figure out what to do, and it was highly unusual.”
McCabe was later fired for lying to the DOJ inspector general and is currently the subject of a criminal grand jury investigation.
The Fixer
Despite the ongoing assault from the intelligence community and holdovers from the Obama administration, Trump was not entirely without allies.
Dana Boente, one of the nation’s highest-profile federal prosecutors, served in a series of critical shifting roles within the Trump administration. Boente, who remained the U.S. attorney for the Eastern District of Virginia until early 2018, concurrently became the acting attorney general following the firing of Sally Yates. Boente, who was specifically appointed by Trump, was not directly in the line of succession that had been previously laid out under an unusual executive order from the Obama administration.
Boente was appointed as FBI general counsel on Jan. 23, 2018, replacing Baker, who was demoted and reassigned. Baker is currently the subject of a criminal leak investigation. Boente remains in his position as FBI general counsel.
On March 31, 2017, the Trump administration asked for the resignations all 46 holdover U.S. attorneys from the Obama administration. Trump refused to accept the resignations of just three of them—Boente, Rosenstein, and John Huber.
As Sessions noted in a March 29, 2018, letter to congressional chairmen Chuck Grassley, Bob Goodlatte, and Trey Gowdy, Huber was assigned by Sessions to lead a prosecution team and is currently working with DOJ Inspector General Michael Horowitz:
“I already have directed senior federal prosecutors to evaluate certain issues previously raised by the Committee. … Specifically, I asked United States Attorney John W. Huber to lead this effort.”
On April 18, 2016, Rogers moved aggressively in response to the disclosures. He abruptly shut down all FBI outside-contractor access. At this point, both the FBI and the DOJ’s NSD became aware of Rogers’s compliance review. They may have known earlier, but they were certainly aware after outside-contractor access was halted.
The DOJ’s NSD maintains oversight of the intelligence agencies’ use of Section 702 authority. The NSD and the Office of the Director of National Intelligence (ODNI) jointly conduct reviews of the intelligence agencies’ Section 702 activities every 60 days. The NSD—with notice to the ODNI—is required to report any incidents of agency noncompliance or misconduct to the FISA court.
Instead of issuing individual court orders, the attorney general and the director of national intelligence (DNI) are required by Section 702 to provide the Foreign Intelligence Surveillance Court (FISC) with annual certifications that specify categories of foreign intelligence information the government is authorized to acquire, pursuant to Section 702.
The attorney general and the DNI also must certify that Intelligence Community agencies will follow targeting procedures and minimization procedures that are approved by the FISC as part of the certification.
Carlin filed the government’s proposed 2016 Section 702 certifications on Sept. 26, 2016. Carlin knew the general status of the compliance review by Rogers. The NSD was part of the review. Carlin failed to disclose a critical Jan. 7, 2016, report by the NSA inspector general and associated FISA abuse to the FISA court in his 2016 certification. Carlin also failed to disclose Rogers’s ongoing Section 702-compliance review.
On Sept. 27, 2016, the day after he filed the annual certifications, Carlin announced his resignation, which would become effective on Oct. 15, 2016.
“The government’s failure to disclose those IG and OCO reviews at the October 4, 2016 hearing [was ascribed] to an institutional ‘lack of candor.’”
On Oct. 15, 2016, Carlin formally left the NSD.
On Oct. 20, 2016, Rogers was briefed by the NSA compliance officer on findings from the 702 NSA compliance audit. The audit had uncovered a large number of issues, including numerous “about query” violations (Senate testimony).
Rogers shut down all “about query” activity on Oct. 21, 2016. “About queries” are particularly worrisome, since they occur when the target is neither the sender nor the recipient of the collected communication; rather, the target’s “query,” such as an email address, is being passed between two other communicants.
On the same day, the DOJ and FBI sought and received a Title I FISA warrant on Trump campaign adviser Carter Page. At this point, the FISA court still was unaware of the Section 702 violations.
On Oct. 24, 2016, Rogers verbally informed the FISA court of his findings:
“On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court.”
Rogers appeared formally before the FISA court on Oct. 26, 2016, and presented the written findings of his audit:
“Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a written submission regarding those compliance problems … and the Court held a hearing to address them.
“The government reported that the NSA IG and OCO were conducting other reviews covering different time periods, with preliminary results suggesting that the problem was widespread during all periods under review.”
The FISA court was unaware of the FISA “query” violations until they were presented to the court by then-NSA Director Rogers.
Carlin didn’t disclose his knowledge of FISA abuse in the annual Section 702 certifications, apparently in order to avoid raising suspicions at the FISA court ahead of receiving the Carter Page FISA warrant.
The FBI and the NSD were literally racing against Rogers’s investigation in order to obtain a FISA warrant on Carter Page.
FISA Abuse & the FISC
Rogers presented his findings directly to the FISA court’s presiding judge, Rosemary Collyer. Collyer and Rogers would work together for the next six months, addressing the issues that Rogers had uncovered.
It was Collyer who wrote the April 26, 2017, FISA court ruling on the entire episode. It also was Collyer who signed the original FISA warrant on Carter Page on Oct. 21, 2016, before being apprised of the many issues by Rogers.
The litany of abuses described in the April 26, 2017, ruling was shocking and detailed the use of private contractors by the FBI in relation to Section 702 data. Collyer referred to it as “a very serious Fourth Amendment issue.” The FBI was specifically singled out by the court numerous times in the ruling:
“The improper access previously afforded the contractors has been discontinued. The Court is nonetheless concerned about the FBI’s apparent disregard of minimization rules and whether the FBI may be engaging in similar disclosures of raw Section 702 information that have not been reported.”
Rogers informed Collyer of the ongoing FISA abuses by the FBI and NSD just three days after she personally signed the Carter Page FISA warrant.
Virtually every FBI and NSD official with material involvement in the original Carter Page FISA application would later be removed—either through firing or resignation.
