12-09-2019, 07:31 PM
Today the OIG report was released related to FISA court abuse regarding certain individuals related to the Trump campaign. You can find the full report (Click Here)
Still way to early to determine the ultimate implications of this report. If there is ultimately criminal activity it will surface in grand jury indictments if they ever materialize. Here's a very brief summary of what I've discovered at this point.
Summary findings
Opening of the Investigation - "we found that Crossfire Hurricane was opened for an authorized investigative purpose & with sufficient factual predication" (p 410), "the exercise of discretion in opening the investigation was in compliance with Department and FBI policies, and we did not find documentary or testimonial evidence that political basis or improper motivation influenced the decision" (p 410) This is the headline that you will find on most of the news media. It's important to remember these comments are only relating to the initial opening of the investigation and don't speak to the actual FISA applications or renewals. This is really one of the only positive things I can find in the report so far.
Summary Regarding FISA - "However, as we describe in this report, our review identified significant concerns with how certain aspects of the investigation were conducted and supervised, particularly the FBI's failure to adhere to its own standards of accuracy and completeness when filing applications for Foreign Intelligence surveillance Act (FISA) authority to surveil Carter Page, a U.S. person who was connected to the Donald J. Trump for President Campaign. We also identified what we believe is an absence of sufficient policies to ensure appropriate Department oversight of significant investigative decisions that could affect constitutionally protected activity." (p 410) "Nevertheless, we found that members of the Crossfire Hurricane team failed to meet the basic obligation to ensure that the Carter Page FISA applications were "scrupulously accurate." We identified significant inaccuracies and omissions in each of the four applications-7 in the first FISA application and a total of 17 by the final renewal application. For example, the Crossfire Hurricane team obtained information from Steele's Primary Sub-source in January 2017 that raised significant questions about the reliability of the Steele reporting that was used in the Carter Page FISA applications. But members of the Crossfire Hurricane team failed to share the information with the Department, and it was therefore omitted from the three renewal applications. All of the applications also omitted information the FBI had obtained from another U.S. government agency detailing its prior relationship with Page, including that Page had been approved as an operational contact for the other agency from 2008 to 2013, and that Page had provided information to the other agency concerning his prior contacts with certain Russian intelligence officers, one of which overlapped with facts asserted in the FISA application." (p 413) "As a result of the 17 significant inaccuracies and omissions we identified, relevant information was not shared with, and consequently not considered by, important Department decision makers and the court, and the FISA applications made it appear as though the evidence supporting probable cause was stronger than was actually the case. We also found basic, fundamental, and serious errors during the completion of the FBl's factual accuracy reviews, known as the Woods Procedures, which are designed to ensure that FISA applications contain a full and accurate presentation of the facts." (p 413) "We determined that the inaccuracies and omissions we identified in the applications resulted from case agents providing wrong or incomplete information to Department attorneys and failing to identify important issues for discussion. Moreover, we concluded that case agents and SSAs did not give appropriate attention to facts that cut against probable cause, and that as the investigation progressed and more information tended to undermine or weaken the assertions in the FISA applications, the agents and SSAs did not reassess the information supporting probable cause. Further, the agents and SSAs did not follow, or even appear to know, certain basic requirements in the Woods Procedures. Although we did not find documentary or testimonial evidence of intentional misconduct on the part of the case agents who assisted NSD's Office of Intelligence (01) in preparing the applications, or the agents and supervisors who performed the Woods Procedures, we also did not receive satisfactory explanations for the errors or missing information. We found that the offered explanations for these serious errors did not excuse them, or the repeated failures to ensure the accuracy of information presented to the FISC." (p413-414)
"We are deeply concerned that so many basic and fundamental errors were made by three separate, hand-picked investigative teams; on one of the most sensitive FBI investigations; after the matter had been briefed to the highest levels within the FBI; even though the information sought through use of FISA authority related so closely to an ongoing presidential campaign; and even though those involved with the investigation knew that their actions were likely to be subjected to close scrutiny. We believe this circumstance reflects a failure not just by those who prepared the FISA applications, but also by the managers and supervisors in the Crossfire Hurricane chain of command, including FBI senior officials who were briefed as the investigation progressed. We do not expect managers and supervisors to know every fact about an investigation, or senior leaders to know all the details of cases about which they are briefed." (p 414)
"In the preparation of the FISA applications to surveil Carter Page, the Crossfire Hurricane team failed to comply with FBI policies, and in so doing fell short of what is rightfully expected from a premier law enforcement agency entrusted with such an intrusive surveillance tool. In light of the significant concerns identified with the Carter Page FISA applications and the other issues described in this report, the OIG today initiated an audit that will further examine the FBI's compliance with the Woods Procedures in FISA applications that target U.S. persons in both counterintelligence and counterterrorism investigations. We also make the following recommendations to assist the Department and the FBI in avoiding similar failures in future investigations." (p414).
Else where in the report they indicate the audit above is going to review 15 years of FISA applications. THIS IS A VERY BIG DEAL.
Just reading the entire section of conclusion I don't see how anyone can view this report as positive commentary on the FBI or the agents involeved in this investigation. With out knowing any additional information, given this was an investigation related to people involved in a US presidential campaign, at best I would consider this "gross negligence" if not criminal.
Carter Page Exculpatory Evidence
A little of background here... I believe Page was identified as "Male Informant 1" in a major round up of a spy ring that resulted in a number of Russians getting sent back to Russia. I don't have a link at my finger tips but I assume this is the reference to "other US government agency". Additionaly, if you study Page's background he was a Naval academy grad and has connections to the intelligence community (I think NATO but not sure).
"none of the three renewal applications described Page's prior historical contacts and relationship with the other U.S. government agency, even after the FBI received additional information from the other agency in June 2017. In April and May 2017, following news reports that the FBI had obtained a FISA targeting Carter Page, Page gave interviews to news outlets denying that he had collected intelligence for the Russian government and asserting instead that he had previously shared information that he had learned with the U.S. intelligence community. In mid-June 2017, in response to concerns expressed by members of the Crossfire Hurricane team, the 0GC Attorney contacted the other U.S. government agency by email to seek clarification about Page's past status with that agency. The other U.S. government agency responded by email to the FBI 0GC attorney by directing the attorney to memoranda previously sent to the FBI by the other U .5. government agency that informed the FBI that Page did previously have a relationship with that other agency and that the last contact occurred in July 2011. The email also stated, using the other agency's terminology, that Page had a relationship with that other agency. However, when asked about Page's prior status with that other agency by a Crossfire Hurricane supervisor, SSA 2, who was going to be the affiant on the final FISA renewal application, the OGC Attorney told SSA 2 that Page had never had a relationship with the other U.S. government agency. In addition, the OGC Attorney altered the email that the other U.S. government agency had sent to the OGC Attorney so that the email stated that Page had not been a source for the other agency; the OGC Attorney then forwarded the altered email to SSA 2, who told us he relied on the email. Shortly thereafter, SSA 2 served as the affiant on the final renewal application, which was again sflent on Page's prior relationship with the other U.S. government agency." (p 159-160)
Somebody's going to jail. See the red underlined text above.
Still way to early to tell where this is going but based on the following two quotes I posted on the daily thread (reposted below), I think this is headed in a very ominous direction. Based on Barr and Durham's press releases today. They are straight up telling you that this is just the tip of the ice berg. They could both be stooges or pushing the Hillary/Obama bad propaganda for Trump but I'm struggling to see that at the moment.
Bill Barr's statement:
“Nothing is more important than the credibility and integrity of the FBI and the Department of Justice. That is why we must hold our investigators and prosecutors to the highest ethical and professional standards. The Inspector General’s investigation has provided critical transparency and accountability, and his work is a credit to the Department of Justice. I would like to thank the Inspector General and his team.
The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. Nevertheless, the investigation and surveillance was pushed forward for the duration of the campaign and deep into President Trump’s administration. In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source. The Inspector General found the explanations given for these actions unsatisfactory. While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.
FISA is an essential tool for the protection of the safety of the American people. The Department of Justice and the FBI are committed to taking whatever steps are necessary to rectify the abuses that occurred and to ensure the integrity of the FISA process going forward.
No one is more dismayed about the handling of these FISA applications than Director Wray. I have full confidence in Director Wray and his team at the FBI, as well as the thousands of dedicated line agents who work tirelessly to protect our country. I thank the Director for the comprehensive set of proposed reforms he is announcing today, and I look forward to working with him to implement these and any other appropriate measures.
With respect to DOJ personnel discussed in the report, the Department will follow all appropriate processes and procedures, including as to any potential disciplinary action.”
John Durham's statement:
“I have the utmost respect for the mission of the Office of Inspector General and the comprehensive work that went into the report prepared by Mr. Horowitz and his staff. However, our investigation is not limited to developing information from within component parts of the Justice Department. Our investigation has included developing information from other persons and entities, both in the U.S. and outside of the U.S. Based on the evidence collected to date, and while our investigation is ongoing, last month we advised the Inspector General that we do not agree with some of the report’s conclusions as to predication and how the FBI case was opened.”
Still way to early to determine the ultimate implications of this report. If there is ultimately criminal activity it will surface in grand jury indictments if they ever materialize. Here's a very brief summary of what I've discovered at this point.
Summary findings
Opening of the Investigation - "we found that Crossfire Hurricane was opened for an authorized investigative purpose & with sufficient factual predication" (p 410), "the exercise of discretion in opening the investigation was in compliance with Department and FBI policies, and we did not find documentary or testimonial evidence that political basis or improper motivation influenced the decision" (p 410) This is the headline that you will find on most of the news media. It's important to remember these comments are only relating to the initial opening of the investigation and don't speak to the actual FISA applications or renewals. This is really one of the only positive things I can find in the report so far.
Summary Regarding FISA - "However, as we describe in this report, our review identified significant concerns with how certain aspects of the investigation were conducted and supervised, particularly the FBI's failure to adhere to its own standards of accuracy and completeness when filing applications for Foreign Intelligence surveillance Act (FISA) authority to surveil Carter Page, a U.S. person who was connected to the Donald J. Trump for President Campaign. We also identified what we believe is an absence of sufficient policies to ensure appropriate Department oversight of significant investigative decisions that could affect constitutionally protected activity." (p 410) "Nevertheless, we found that members of the Crossfire Hurricane team failed to meet the basic obligation to ensure that the Carter Page FISA applications were "scrupulously accurate." We identified significant inaccuracies and omissions in each of the four applications-7 in the first FISA application and a total of 17 by the final renewal application. For example, the Crossfire Hurricane team obtained information from Steele's Primary Sub-source in January 2017 that raised significant questions about the reliability of the Steele reporting that was used in the Carter Page FISA applications. But members of the Crossfire Hurricane team failed to share the information with the Department, and it was therefore omitted from the three renewal applications. All of the applications also omitted information the FBI had obtained from another U.S. government agency detailing its prior relationship with Page, including that Page had been approved as an operational contact for the other agency from 2008 to 2013, and that Page had provided information to the other agency concerning his prior contacts with certain Russian intelligence officers, one of which overlapped with facts asserted in the FISA application." (p 413) "As a result of the 17 significant inaccuracies and omissions we identified, relevant information was not shared with, and consequently not considered by, important Department decision makers and the court, and the FISA applications made it appear as though the evidence supporting probable cause was stronger than was actually the case. We also found basic, fundamental, and serious errors during the completion of the FBl's factual accuracy reviews, known as the Woods Procedures, which are designed to ensure that FISA applications contain a full and accurate presentation of the facts." (p 413) "We determined that the inaccuracies and omissions we identified in the applications resulted from case agents providing wrong or incomplete information to Department attorneys and failing to identify important issues for discussion. Moreover, we concluded that case agents and SSAs did not give appropriate attention to facts that cut against probable cause, and that as the investigation progressed and more information tended to undermine or weaken the assertions in the FISA applications, the agents and SSAs did not reassess the information supporting probable cause. Further, the agents and SSAs did not follow, or even appear to know, certain basic requirements in the Woods Procedures. Although we did not find documentary or testimonial evidence of intentional misconduct on the part of the case agents who assisted NSD's Office of Intelligence (01) in preparing the applications, or the agents and supervisors who performed the Woods Procedures, we also did not receive satisfactory explanations for the errors or missing information. We found that the offered explanations for these serious errors did not excuse them, or the repeated failures to ensure the accuracy of information presented to the FISC." (p413-414)
"We are deeply concerned that so many basic and fundamental errors were made by three separate, hand-picked investigative teams; on one of the most sensitive FBI investigations; after the matter had been briefed to the highest levels within the FBI; even though the information sought through use of FISA authority related so closely to an ongoing presidential campaign; and even though those involved with the investigation knew that their actions were likely to be subjected to close scrutiny. We believe this circumstance reflects a failure not just by those who prepared the FISA applications, but also by the managers and supervisors in the Crossfire Hurricane chain of command, including FBI senior officials who were briefed as the investigation progressed. We do not expect managers and supervisors to know every fact about an investigation, or senior leaders to know all the details of cases about which they are briefed." (p 414)
"In the preparation of the FISA applications to surveil Carter Page, the Crossfire Hurricane team failed to comply with FBI policies, and in so doing fell short of what is rightfully expected from a premier law enforcement agency entrusted with such an intrusive surveillance tool. In light of the significant concerns identified with the Carter Page FISA applications and the other issues described in this report, the OIG today initiated an audit that will further examine the FBI's compliance with the Woods Procedures in FISA applications that target U.S. persons in both counterintelligence and counterterrorism investigations. We also make the following recommendations to assist the Department and the FBI in avoiding similar failures in future investigations." (p414).
Else where in the report they indicate the audit above is going to review 15 years of FISA applications. THIS IS A VERY BIG DEAL.
Just reading the entire section of conclusion I don't see how anyone can view this report as positive commentary on the FBI or the agents involeved in this investigation. With out knowing any additional information, given this was an investigation related to people involved in a US presidential campaign, at best I would consider this "gross negligence" if not criminal.
Carter Page Exculpatory Evidence
A little of background here... I believe Page was identified as "Male Informant 1" in a major round up of a spy ring that resulted in a number of Russians getting sent back to Russia. I don't have a link at my finger tips but I assume this is the reference to "other US government agency". Additionaly, if you study Page's background he was a Naval academy grad and has connections to the intelligence community (I think NATO but not sure).
"none of the three renewal applications described Page's prior historical contacts and relationship with the other U.S. government agency, even after the FBI received additional information from the other agency in June 2017. In April and May 2017, following news reports that the FBI had obtained a FISA targeting Carter Page, Page gave interviews to news outlets denying that he had collected intelligence for the Russian government and asserting instead that he had previously shared information that he had learned with the U.S. intelligence community. In mid-June 2017, in response to concerns expressed by members of the Crossfire Hurricane team, the 0GC Attorney contacted the other U.S. government agency by email to seek clarification about Page's past status with that agency. The other U.S. government agency responded by email to the FBI 0GC attorney by directing the attorney to memoranda previously sent to the FBI by the other U .5. government agency that informed the FBI that Page did previously have a relationship with that other agency and that the last contact occurred in July 2011. The email also stated, using the other agency's terminology, that Page had a relationship with that other agency. However, when asked about Page's prior status with that other agency by a Crossfire Hurricane supervisor, SSA 2, who was going to be the affiant on the final FISA renewal application, the OGC Attorney told SSA 2 that Page had never had a relationship with the other U.S. government agency. In addition, the OGC Attorney altered the email that the other U.S. government agency had sent to the OGC Attorney so that the email stated that Page had not been a source for the other agency; the OGC Attorney then forwarded the altered email to SSA 2, who told us he relied on the email. Shortly thereafter, SSA 2 served as the affiant on the final renewal application, which was again sflent on Page's prior relationship with the other U.S. government agency." (p 159-160)
Somebody's going to jail. See the red underlined text above.
Still way to early to tell where this is going but based on the following two quotes I posted on the daily thread (reposted below), I think this is headed in a very ominous direction. Based on Barr and Durham's press releases today. They are straight up telling you that this is just the tip of the ice berg. They could both be stooges or pushing the Hillary/Obama bad propaganda for Trump but I'm struggling to see that at the moment.
Bill Barr's statement:
“Nothing is more important than the credibility and integrity of the FBI and the Department of Justice. That is why we must hold our investigators and prosecutors to the highest ethical and professional standards. The Inspector General’s investigation has provided critical transparency and accountability, and his work is a credit to the Department of Justice. I would like to thank the Inspector General and his team.
The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. Nevertheless, the investigation and surveillance was pushed forward for the duration of the campaign and deep into President Trump’s administration. In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source. The Inspector General found the explanations given for these actions unsatisfactory. While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.
FISA is an essential tool for the protection of the safety of the American people. The Department of Justice and the FBI are committed to taking whatever steps are necessary to rectify the abuses that occurred and to ensure the integrity of the FISA process going forward.
No one is more dismayed about the handling of these FISA applications than Director Wray. I have full confidence in Director Wray and his team at the FBI, as well as the thousands of dedicated line agents who work tirelessly to protect our country. I thank the Director for the comprehensive set of proposed reforms he is announcing today, and I look forward to working with him to implement these and any other appropriate measures.
With respect to DOJ personnel discussed in the report, the Department will follow all appropriate processes and procedures, including as to any potential disciplinary action.”
John Durham's statement:
“I have the utmost respect for the mission of the Office of Inspector General and the comprehensive work that went into the report prepared by Mr. Horowitz and his staff. However, our investigation is not limited to developing information from within component parts of the Justice Department. Our investigation has included developing information from other persons and entities, both in the U.S. and outside of the U.S. Based on the evidence collected to date, and while our investigation is ongoing, last month we advised the Inspector General that we do not agree with some of the report’s conclusions as to predication and how the FBI case was opened.”