The Significance of the FBI and DOJ’s Notes
The Significance of the FBI and DOJ’s Notes
We need darkness to be exposed in the highest levels of leadership. We must pray that something like this never happens again.
From The Federalist. Recently released handwritten notes from a briefing of the acting attorney general on the status of Crossfire Hurricane reveal the FBI either lied about the source of intel or the British intelligence community fed information to the U.S. agents investigating Donald Trump and his associates.
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As part of the pre-trial discovery in the government’s prosecution of former Clinton campaign lawyer Michael Sussmann, the special counsel provided defense lawyers notes taken on March 6, 2017, during a high-level briefing of acting Attorney General Dana Boente about the then-ongoing investigation into supposed Russia collusion.
Boente, who held oversight of the DOJ and FBI related to the Crossfire Hurricane investigation because of then-Attorney General Jeff Sessions’s recusal, received an update during the meeting from the FBI’s then-Deputy Director Andrew McCabe, then-assistant director of the FBI Counterintelligence Division Bill Priestap, and Counterintelligence Deputy Assistant Director Peter Strzok. DOJ officials Tashina Gauhar, Mary McCord, and Scott Schools took notes during the briefing, and those notes became public during the Sussmann trial that ended in an acquittal last week….
While any lies, misrepresentations, or material omissions matter—or should, especially when told to the acting attorney general related to an investigation connected to the president of the United States, the note’s references to “CROWN reporting” prove particularly significant because of the FISA court’s insistence that the DOJ included Christopher Steele’s background as an MI6 agent in the FISA application prior to the secret surveillance court issuing an order to surveil Carter Page….
Huge Implications No Matter the Source
The notes do not elaborate on the “CROWN source” or who provided the “CROWN source reporting.” There are two possibilities, both of which have huge implications for the ongoing special counsel investigation.
First, the claimed “CROWN source” could be former MI6 spy Steele. To date, Steele remains the only person with a connection to British intelligence publicly known to have provided the FBI with information related to Trump and individuals connected to Trump during the Russia collusion investigation.
But if by “CROWN source” the FBI meant Steele, the individual briefing Boente lied to him in several ways, did so in a material way, and there is likely a paper trail that can confirm an earlier, similar lie by FBI agents….
So not only was Steele not a “CROWN source,” his supposed “intel” also lacked any connection to “Crown Source Reporting.” Accordingly, unless the FBI had a still publicly unknown “CROWN source” who provided the information on which agents briefed the DOJ during the March 6, 2017 meeting, they lied to the DOJ.
If They Lied, It Really Matters
Falsely attributing “intel” to a “CROWN source” proves significant, and not merely for Boente’s oversight of Crossfire Hurricane, but also for Boente’s decision to approve the third application to surveil Page under the Foreign Intelligence Surveillance Act (FISA). And the DOJ’s representation of a connection between Steele and British intelligence in the FISA applications appeared dispositive to the FISA court’s decision to authorize surveillance of Page….
All of the applications referenced Steele’s past service in British intelligence, but … Steele’s source network was unrelated to his government work and came entirely from his private work. Given that the FISA court’s legal advisor questioned “how it was that Steele had a network of sub-sources,” and that the advisor directed the OI attorney to expressly include Steele’s previous work as an MI6 agent in the application, the FISA court clearly believed Steele’s network of sources came from his time as a British agent.
Further, given the significance the FISA court placed on that fact, it seems likely the FISA court would have denied the surveillance order had it been told the truth—that Steele’s network of sources had been privately acquired….
FBI Liars Could Still Be Held Accountable
While these events occurred more than five years ago, and a five-year statute of limitations governs false statement offenses, the D.C. Circuit has held that if a defendant engages in a scheme “to falisf[y], conceal, or coverup” material facts, the limitations period does not begin to run until the scheme ends.
In this case, then, any FBI agents involved in concealing from the DOJ during the final preparation and review of the June 29, 2017, FISA application that Steele’s sources were not “CROWN sources” or connected to his work in British intelligence could still face criminal liability….
Whether the FBI agents affirmatively misrepresented Steele’s source network as connected to his British intelligence work in their communiques with the OI attorney, and in turn the OI attorney relayed that information to the FISA court, is unknown to us, but hopefully not to Special Counsel Durham.
Even if no one lied to the OI attorney and he merely assumed Steele’s source network carried over from his time with MI6, a misrepresentation to Boente during the March 6, 2017, briefing that Steele was a “CROWN source” still matters because the FISA surveillance orders were renewed two more times after that meeting.
That, of course, is assuming the FBI meant Steele when they referenced a “CROWN source”—something not entirely clear. More on that shortly.
What do you think of this new information? Share your thoughts and prayers below.
(Excerpt from The Federalist. Photo Credit: Aaron Burden on Unsplash)
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