September 16, 2021 - Durham probes pentagon computer contractors in anti-Trump conspiracy

Cybersecurity experts who held lucrative Pentagon and homeland security contracts and high-level security clearances are under investigation for potentially abusing their government privileges to aid a 2016 Clinton campaign plot to falsely link Donald Trump to Russia and trigger an FBI investigation of him and his campaign, according to several sources familiar with the work of Special Counsel John Durham.

Durham is investigating whether they were involved in a scheme to misuse sensitive, nonpublic Internet data, which they had access to through their government contracts, to dredge up derogatory information on Trump on behalf of the Clinton campaign in 2016 and again in 2017, sources say — political dirt that sent FBI investigators on a wild goose chase. Prosecutors are also investigating whether some of the data presented to the FBI was faked or forged.

These sources, who spoke on the condition of anonymity to discuss a sensitive law enforcement matter, said Durham’s investigators have subpoenaed the contractors to turn over documents and testify before a federal grand jury hearing the case. The investigators are exploring potential criminal charges including giving false information to federal agents and defrauding the government, the sources said.

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(…) The sources familiar with the probe have confirmed that the leader of the team of contractors was Rodney L. Joffe, who has regularly advised the Biden White House on cybersecurity and infrastructure policies. Until last month he was the chief cybersecurity officer at Washington tech contractor Neustar Inc., which federal civil court records show was a longtime client of Sussmann at Perkins Coie, a prominent Democratic law firm recently subpoenaed by Durham. Joffe, 66, has not been charged with a crime.

Neustar has removed Joffe’s blog posts from its website. “He no longer works for us,” a spokeswoman said.

A powerful and influential player in the tech world, Joffe tasked a group of computer contractors connected to the Georgia Institute of Technology with finding “anything” in Internet data that would link Trump to Russia and make Democratic “VIPs happy,” according to an August 2016 email Joffe sent to the researchers. The next month, the group accused Trump of maintaining secret backchannel communications to the Kremlin through the email servers of Russia-based Alfa Bank. Those accusations were later determined to be false by the FBI, Special Counsel Robert Mueller, the Justice Department inspector general and a Senate intelligence panel.

Joffe’s lawyer has described his client as “apolitical.” He said Joffe brought Sussmann information about Trump he believed to be true out of concern for the nation.

Steven Tyrrell, a white-collar criminal defense attorney specializing in fraud cases, has confirmed that his client Joffe is the person referred to as “Tech Executive-1” throughout the Sussmann indictment. “Tech Executive-1 exploited his access to nonpublic data at multiple Internet companies to conduct opposition research concerning Trump,” Durham’s grand jury stated. “In furtherance of these efforts, [Joffe] had enlisted, and was continuing to enlist, the assistance of researchers at a U.S.-based university [Georgia Tech] who were receiving and analyzing Internet data in connection with a pending federal government cybersecurity research contract.”

The indictment also alleges that the computer scientists knew the Internet data they compiled was innocuous but sent it to the FBI anyway, sending agents down a dead end: “Sussmann, [Joffe] and [Perkins Coie] had coordinated, and were continuing to coordinate, with representatives and agents of the Clinton campaign with regard to the data and written materials that Sussmann gave to the FBI and the media.”

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One of the campaign representatives with whom Joffe coordinated was Jake Sullivan, who was acting as Clinton’s foreign policy adviser, as RealClearInvestigations first reported. Now serving in the White House as President Biden’s national security adviser, Sullivan is under scrutiny for statements he made under oath to Congress about his knowledge of the Trump-Alfa research project. In a potential conflict of interest, Attorney General Merrick Garland employed Sullivan’s wife Maggie as a law clerk when he was a federal judge. Garland controls the purse strings to Durham’s investigation and whether his final report will be released to the public.

At the time, Joffe was advising President Obama on security matters and positioning himself for a top cybersecurity post in an anticipated Clinton administration. “I was tentatively offered the top [cybersecurity] job by the Democrats when it looked like they’d win,” he revealed in a November 2016 email obtained by prosecutors.

Meanwhile, the Georgia Tech researchers were vying for a $17 million Pentagon contract to research cybersecurity, which they landed in November 2016, federal documents show.

Government funding in hand, they continued mining nonpublic data on Trump after he took office in 2017 — as Sussmann, Sullivan and other former Clinton campaign officials renewed their effort to connect Trump to Alfa Bank. This time, they enlisted former FBI analyst-turned-Democratic-operative, Dan Jones, to re-engage the FBI, while Sussmann attempted to get the CIA interested in the Internet data, as RCI first reported. Investigators have also subpoenaed Jones, who did not respond to requests for comment.

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(…) Tyrrell insisted that Joffe had “no idea [Sussmann’s] firm represented the Clinton campaign,” even though he worked closely with Sussmann and another well-known campaign lawyer, Marc Elias — as well as with Glenn Simpson of Fusion GPS, an opposition-research firm hired by the Clinton campaign to dig up dirt on Trump in 2016. He added that his client “felt it was his patriotic duty to share [the report on Trump] with the FBI.”

However, Durham’s investigation uncovered emails revealing that Joffe knew the narrative they were creating about Trump having a secret hotline to Russian President Vladimir Putin was tenuous at best. In fact, Joffe himself called the data used to back up the narrative a “red herring.” In another email, Joffe said he had been promised a high post if Clinton were elected, suggesting he may have had a personal motivation to make a sinister connection between Russia and Trump. He added that he had no interest working for Trump: “I definitely would not take the job under Trump.”

“Joffe was doing what he was doing to get that plum job,” former FBI counterintelligence official Mark Wauck said in an interview. “And Sussmann was working with Joffe because Joffe was needed for the Clinton campaign’s ‘confidential project,’ ” which was the term Sussman used to describe their data research in billing records.

At the time, Joffe was a volunteer cybersecurity adviser to Obama and visited the White House several times during his administration, Secret Service entrance logs show. In 2013, then-FBI Director James Comey gave him an award recognizing his work helping agents investigate a major cybersecurity case.

Joffe is the “Max” quoted in media articles promoting the secret cyber plot targeting Trump, a code name likely given him by Simpson, who has a son named Max. The stories described “Max” as a “John McCain Republican.” In 2017, Joffe, who spent much of his career in the late McCain’s home state of Arizona before moving to Washington, helped rekindle the Trump-Alfa tale by plumbing more data and helping feed the information to the Senate Armed Services Committee, which McCain chaired.

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Joffe’s boss during the 2016 campaign was then-Neustar President Lisa Hook, a major Democratic Party donor who publicly endorsed Clinton and contributed to her campaigns. Records show her contributions to Democrats, including Joe Biden and Obama, total more than $249,000. In 2011, Obama appointed Hook to his National Security Telecommunications Advisory Committee.

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(…) Joffe worked closely with another top computer scientist assigned to the Alfa project, who has used the pseudonym “Tea Leaves,” as well as masculine pronouns, in media stories to disguise her identity. The operative has been identified by her attorney as April D. Lorenzen, who supplied so-called Domain Name System (or DNS) logs from proprietary holdings — the foundation for the whole conspiracy charge — and helped compile them for the spurious report that was fed to the FBI, according to the indictment.

A registered Democrat, Lorenzen was tasked by Joffe with making a Trump connection from the data along with the researchers from Georgia Tech, where she has worked as a guest researcher since 2007.

Identified as “Originator-1” in the Durham indictment, she, like her colleague Joffe, is a key subject of the investigation and faces a host of legal issues, the sources close to the case said. Emails the investigators uncovered reveal that Lorenzen discussed “faking” Internet traffic with the Georgia Tech researchers, although the context of her remarks are unclear.

Prosecutors suggested Lorenzen was trying to create an “inference” of Trump-Russia communications from DNS data that wasn’t there.

The DNS system acts as the phonebook of the Internet, translating domain names for emails and websites into IP (Internet Protocol) addresses in order for Web browsers to easily interact. The traffic leaves a record known as DNS “lookups,” which is basically the pinging back and forth between computer servers.

Lorenzen has retained white-collar criminal defense lawyer Michael J. Connolly of Boston, who said in a statement that Lorenzen was acting in the interest of national security, not politics, and “any suggestion that she engaged in wrongdoing is unequivocally false.”

She specializes in identifying “spoofed domains” used for email phishing scams.

In her bio, Lorenzen also said she currently serves “as the principal investigator for a critical infrastructure supply-chain cybersecurity notification research project.” She did not provide further details about the project. However, she regularly trains and briefs federal law enforcement agencies about cybersecurity issues.

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A colleague of Lorenzen who features prominently in the project to link Trump to the Russian bank, but who is not referenced in the indictment, is L. Jean Camp, an Indiana University computer science professor who posted the dodgy data on her website and helped propagate the conspiracy theory in the media. “This person has technical authority and access to data,” she said of “Tea Leaves,” the originator of the data, vouching for her friend Lorenzen while hiding her identity.

Camp is a Democratic activist and major Hillary Clinton booster and donor. Federal campaign records show she contributed at least $5,910 to Clinton’s 2008 and 2016 campaigns, including thousands of dollars in donations around the time she and the Clinton campaign were peddling the Trump-Alfa conspiracy theory.

Camp called for a full-blown FBI investigation into the data she pushed in the media. When the FBI dropped the case in February 2017, Camp lashed out at the bureau for closing the Trump email probe after reopening the Clinton email case. In a March 2017 tweet, she fumed, “Why did FBI kill this story before election to focus on Her Emails?” She also called for people to “join the resistance” against Trump.

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Another “computer scientist” tied to the project was Paul Vixie, a colleague of Joffe who, like Joffe, gave $250 in 2000 to Rep. Heather Wilson of New Mexico, who was close to the late Sen. John McCain, who feuded with Trump, federal campaign records show. Vixie, who reviewed the DNS logs and suggested in the media that Trump and Alfa Bank were engaged in a “criminal syndicate,” supported Clinton’s run for president and bashed Trump on Twitter.

“Hillary presented herself as an experienced politician who is prepared to assume the presidency,” he tweeted in 2016. He called Trump a “fake Republican” who “will finish out his life in prison,” he asserted in a 2020 tweet.

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Faked Evidence?

The sources familiar with the investigation note that Durham is also using the grand jury to probe whether some of the Internet data files the Clinton campaign shopped to the FBI were forged or fabricated to create the appearance of suspicious Internet communications between the Russian bank and Trump.

Providing the FBI false evidence is a crime. Former assistant FBI director Chris Swecker told RCI that statutes enforcing mail and wire fraud may be invoked as part of the “criminal conspiracy case” Durham is building.

The materials Sussmann provided bureau headquarters in September 2016, in the heat of the presidential race, included two thumb drives containing DNS logs that Sussmann and Joffe claimed showed patterns of covert email communications between the Trump Organization and Alfa Bank, according to the indictment.

The authenticity of the DNS lookup records Sussmann presented to the FBI in the electronic files, along with three “white papers” portraying innocuous marketing pinging between Alfa and Trump servers as a nefarious Russian backchannel, has been called into question by several sources.

Alfa Bank, which also operates in the U.S., commissioned two studies that found the DNS data compiled by Joffe and his computer operatives were formatted differently than the bank server’s DNS logs, and one study posited that the DNS activity may have been “artificially created.”

Also, independent cyber forensics experts found that the emails released by researchers bore timestamps that did not match up with actual activity on the servers, suggesting they may have been altered. The Florida-based marketing firm Cendyn, which administered the alleged Trump server (which was owned by a third-party tech firm and housed in Pennsylvania, not New York), reported its device sent its last marketing email in March 2016, but the DNS logs provided by computer researchers claimed to show a May-September window of high-volume traffic.

Experts have also noted that the DNS logs Sussmann and his group presented as evidence to the FBI had been pasted into a text file, where they could have been edited.

In the Sussmann indictment, the grand jury described the DNS logs as appearing to be real, but not necessarily so. For instance, it noted that one of the computer researchers — cited as “Tea Leaves,” or Lorenzen — had “assembled purported DNS data reflecting apparent DNS lookups between [the] Russian bank and [a Trump] email domain.” The caveats “purported” and “apparent” indicate Durham and his investigators may be skeptical the data are real.

Also, the indictment stated that Joffe “shared certain results of these data searches and analysis” with Sussmann for the FBI to investigate, suggesting he may have cherry-picked the data to fit a preconceived “narrative,” – or “storyline,” as the computer researchers also referred to it in emails obtained by Durham.

Emails the independent prosecutor uncovered reveal that Joffe and the research team he recruited actually discussed “faking” Internet traffic.

“It would be possible to ‘fill out a sales form on two websites, faking the other company’s email address in each form,’ and thereby cause them ‘to appear to communicate with each other in DNS,’ ” Lorenzen suggested.

One Georgia Tech researcher warned Joffe in mid-2016, in the middle of their fishing expedition, of the lack of evidence: “We cannot technically make any claims that would fly public scrutiny. The only thing that drives us at this point is that we just do not like [Trump].”

Tyrrell asserted that his client Joffe “stands behind the rigorous research and analysis that was conducted, culminating in the report he felt was his patriotic duty to share with the FBI.”

Using nonpublic data from a federal research contract to bait the FBI into investigating Trump could constitute a breach of contract and nondisclosure agreements. Swecker, who has worked with Durham on past white-collar criminal cases, said the special prosecutor may be seeking further indictments on government grant and contract fraud charges.

Washington agencies provide such tech contractors privileged access to massive caches of sensitive, nonpublic information about Internet traffic to help combat cyber-crimes.

On Nov. 17, 2016, the Pentagon awarded Georgia Tech a cybersecurity research contract worth more than $17 million. The project, dubbed “Rhamnousia,” would allow researchers to “sift through existing and new data sets” to find “bad actors” on the Internet. The indictment said the researchers had been provided “early access to Internet data in order to establish a ‘proof of concept’ for work under the contract.” Of course, the government did not pay the researchers to look for dirt on Trump in the sensitive DNS databases.

“The primary purpose of the contract,” the indictment noted, “was for researchers to receive and analyze large quantities of DNS data in order to identify the perpetrators of malicious cyber-attacks and protect U.S. national security.”

Instead, the scientists took the political fishing expedition. According to the indictment, Joffe directed Lorenzen and the two university researchers to “search broadly through Internet data for any information about Trump’s potential ties to Russia.”

The Georgia Tech researchers named as “investigators” on the project included David Dagon and Manos Antonakakis, who the sources confirmed are the two university researchers cited by Durham in his indictment. Antonakakis is the “Researcher-1” referenced in the indictment whom the grand jury said remarked in an email that “the only thing that drives us is that we just do not like [Trump.].”

The original $17 million Rhamnousia contract was approved for five years, federal contracting records show. But the program was recently renewed and has grown into a more than $25 million Defense Department contract — led by the same Georgia Tech research team.” (Read more: RealClearInvestigations, 10/07/2021)  (Archive)

September 24, 2021 - The Armed Services Cmte. tries to quash a subpoena seeking records of contacts with Dan Jones and his group that promoted the Russiagate narrative

“Armed Services panel secretly fought court battle this summer to quash subpoena seeking records of contacts with ex-FBI official Daniel Jones and liberal-funded The Democracy Integrity Project nonprofit.

The efforts to disseminate a now-discredited theory that the Trump campaign had secret computer communications with the Kremlin extended beyond the FBI, CIA, and State Department to the U.S. Senate.

Under the late Sen. John McCain, the Armed Services Committee engaged a former FBI official and his progressive-funded nonprofit to produce a report on the matter, according to court records obtained by Just the News.

The Senate committee, now under Democrats’ control, successfully waged a secret federal court battle this summer to quash a subpoena that would have forced one of its staffers, Thomas Kirk McConnell, to turn over documents and testify about his dealings with former FBI analyst Dan Jones and his nonprofit, The Democracy Integrity Project, the records show.

A spokesman for George Soros confirms the progressive megadonor was one of the financial backers of The Democracy Integrity Project. Tax records show the group raised more than $7 million in donations in 2017 and hired Fusion GPS — the same firm that produced the debunked Steele dossier for Hillary Clinton’s campaign — to pursue allegations of foreign interference in elections.

The episode, recounted in hundreds of pages of federal and D.C. Superior court records, provides extraordinary insight into how current and former government officials in multiple branches of government were able to sustain a Russia collusion theory on artificial life support for years after the FBI first dispelled it.

The legal skirmish with the Senate also provides new context to allegations filed last week by Special Counsel John Durham, who indicted a former DOJ lawyer named Michael Sussmann for lying to the FBI during his efforts to peddle the same debunked story about the Trump campaign, a computer server at the Alfa Bank in Moscow and the Kremlin. Sussmann was being paid by Hillary Clinton’s campaign when he pitched the allegations to the bureau, court records show. He has pleaded not guilty.” (Read much more: JustTheNews, 9/24/2021)  (Archive)

October 4, 2021 - Former separatist sympathizer and now chairman of January 6 committee, defended secessionist group that killed a police officer and wounded an FBI agent

Rep. Bennie Thompson, the Mississippi Democrat who chairs the congressional commission investigating the Jan. 6 Capitol riot, has been a vocal critic of an event he deems an insurrection and offered his sympathy to the police officers injured that day. He’s even gone as far as to sue former President Donald Trump for responsibility for the melee.

But as a young African-American alderman in a small Mississippi community in 1971, Thompson placed himself on the opposite side, openly sympathizing with a secessionist group known as the Republic of New Africa and participating in a news conference blaming law enforcement for instigating clashes with the group that led to the killings of a police officer and the wounding of an FBI agent. Thompson’s official biography makes no reference to the separatist RNA.

Thompson’s affection for the RNA and its members — which FBI counterintelligence memos from the 1970s warned were threatening “guerrilla warfare” against the United States — was still intact as recently as 2013, when he openly campaigned on behalf of the group’s former vice president to be mayor of Mississippi’s largest city.

The congressman’s advocacy on behalf of RNA — captured in documents, newspaper clippings and video footage retrieved from state, FBI and local law enforcement agency archives — is a pointed reminder that some of the far-left figures of a half century ago are now the Democratic Party’s establishment leaders, their pasts now a fleeting footnote in the frenzied vitriol of modern-day Washington.

For instance, Thompson’s Democratic colleague in Congress and the Congressional Black Caucus, Rep. Bobby Rush of Illinois, famously cofounded the extremist Black Panthers chapter in Illinois in 1968 before he entered politics. Both the RNA and the Black Panthers were avowed supporters of insurrection, and at one point in 1967, armed Black Panthers stormed the state capitol in California.

Thompson, an affable, silver-haired politician known today simply as “Bennie,” is one of Mississippi’s longest serving congressmen and chairman of the House Homeland Security Committee. He dropped his NAACP-sponsored suit against Trump when he was appointed to lead the Jan. 6 commission.

The congressman had a much lower national profile back in 1971, when newspapers referred to him simply as Alderman B.G. Thompson from the community of Bolton, Miss., where he became acquainted with the RNA. He was never charged with any wrongdoing in connection with the group but on multiple occasions publicly sided with RNA members, even as law enforcement documented how the group had engaged in violence and was training for possible warfare.

Just the News was alerted to Thompson’s embrace of the RNA by former federal law enforcement officials and Mississippi state officials who remembered his advocacy for the group and criticism of police. Just the News obtained video footage, newspaper clippings and law enforcement documents from historical archives and the FBI that validate their story. (Read more: JustTheNews, 10/01/2021)  (Archive)

October 07, 2021 - John Durham provides 81k pages of documents to Sussmann

There is more to be produced to Sussmann:

Grand jury testimony from multiple witnesses

Notes re: Sussmann’s meeting w/ CIA

The FBI’s Alfa Bank “case file” pic.twitter.com/DA8BL3OxwT

— Techno Fog (@Techno_Fog) October 20, 2021

Techno_Fog continues on his Substack page:

Let’s decipher that last sentence. Who has received a subpoena from Durham?

1. “Political organizations” likely refer to the DNC and the Hillary Clinton Campaign/Hillary for America.
2. “A university” = Georgia Tech.
3. “University Researchers” = the team involved in the Alfa Bank/Trump hoax.
4. “An investigative firm” = Fusion GPS.
5. “Numerous companies” = the companies involved with Rodney Joffe (named Tech Executive-1 in the Sussmann indictment).

As we have previously observed, Durham was already in possession of:

1. E-mail records from Joffe, the research group, and Sussmann/Perkins Coie.
2. Perkins Coie billing records.
3. Perkins Coie records (notes, etc.) relating to calls and meetings re: Alfa Bank.
4. Grand jury testimony.

And that’s just on the Alfa Bank issue. (Durham apparently remains focused on the broader FISA issues as well as other matters.) The filing also notes that Durham is “working expeditiously to declassify large volumes of materials to provide to the defense.” This includes:

But there’s still more. Durham states after the production of these records, “the government expects to produce additional materials in subsequent productions, which will include additional interview memoranda, emails, and other records.”

Why this matters.

We anticipate that Durham is gearing-up to charge the group that created and pushed the Trump/Alfa Bank hoax. This is based on the volume of information Durham possesses on this issue, which reflects substantial expenditures of time and energy and resources to put all this together. In other words, you don’t call the grand jury on this issue – and pursue this matter this far – if the Alfa Bank researchers acted properly. (Read more: Techno_Fog/Substack, 10/20/2021)  (Archive)

October 17, 2021 - Christopher Steele appears with Stephanopoulos and insists Michael Cohen really went to Prague and that he's covering for Trump

Christopher Steele, the author of the Russian collusion dossier, gave an extraordinary interview to ABC’s George Stephanopoulos this week where he stood by claims long debunked by past investigations. What was most striking about the interview was Steele effectively claiming that Michael Cohen, one of Trump’s most fierce critics, is still covering for Trump in denying a critical conspiratorial meeting with Russian intelligence.

The dossier alleged Cohen had “secret meeting/s with Kremlin officials in August 2016” in Prague. Cohen testified before the House Oversight Committee in 2019 that he had never been to Prague. The Special Counsel and the Justice Department were unable to confirm Steele’s claim despite exhaustive investigation. Indeed, American intelligence believed that Russian intelligence used Steele to pass along disinformation, including the use of a long suspected Russian agent as one of his critical sources.

On April 13, 2018, Chris Matthews breathlessly introduces Peter Stone who then breaks down his latest that Robert Mueller has evidence of Michael Cohen traveling to Prague in 2016. In the end, Michael Horowitz, Robert Mueller, and Michael Cohen debunk the lie, yet mainstream media and guilty parties continue to repeat it as truth. (Credit: MSNBC)

In the interview, Stephanopoulos noted that “one big claim the dossier, the FBI, according to the Inspector General’s report … is not true, is the claim that Michael Cohen had a meeting with Russians in Prague.” He then asked “do you accept that finding that it didn’t happen?” Steele responded that he rejects the findings of Justice Department Inspector General Michael E. Horowitz.

Now stop for a second and think about that. Cohen was given a deal by prosecutors and worked tirelessly to incriminate Trump in any way that he could. He even shilled for contributions based on that promise. This included an admission that he lied when he was still Trump’s lawyer. As part of his deal, Cohen could have easily confirmed the Prague allegation and said that he did meet with Russians. It would have been devastating to Trump. Instead, he continued to deny that it ever happened.  He later wrote a book that called Trump every name in the book and said that he lied for him. However, he continued to maintain his long-standing denial that he has ever been to Prague or ever met with the Russians as alleged by Steele.” (Read more: Jonathan Turley, 10/20/2021)  (Archive)

October 19, 2021 - Aaron Maté hones in on the Perkins Coie contracts with Sussmann-Crowdstrike-Henry and Elias-Fusion GPS-Simpson

“The indictment of Hillary Clinton lawyer Michael Sussmann for allegedly lying to the FBI sheds new light on the pivotal role of Democratic operatives in the Russiagate affair. The emerging picture shows Sussmann and his Perkins Coie colleague Marc Elias, the chief counsel for Clinton’s 2016 campaign, proceeding on parallel, coordinated tracks to solicit and spread disinformation tying Donald Trump to the Kremlin.

In a detailed charging document last month, Special Counsel John Durham accused Sussmann of concealing his work for the Clinton campaign while trying to sell the FBI on the false claim of a secret Trump backchannel to Russia’s Alfa Bank. But Sussmann’s alleged false statement to the FBI in September 2016 wasn’t all. Just months before, he helped generate an even more consequential Russia allegation that he also brought to the FBI. In April of that year, Sussmann hired CrowdStrike, the cybersecurity firm that publicly triggered the Russiagate saga by lodging the still unproven claim that Russia was behind the hack of Democratic National Committee emails released by WikiLeaks.

At the time, CrowdStrike was not the only Clinton campaign contractor focusing on Russia. Just days before Sussmann hired CrowdStrike in April, his partner Elias retained the opposition research firm Fusion GPS to dig up dirt on Trump and the Kremlin.

These two Clinton campaign contractors, working directly for two Clinton campaign attorneys, would go on to play highly consequential roles in the ensuing multi-year Russia investigation.

Working secretly for the Clinton campaign, Fusion GPS planted Trump-Russia conspiracy theories in the FBI and US media via its subcontractor, former British spy Christopher Steele. The FBI used the Fusion GPS’s now-debunked “Steele dossier” for investigative leads and multiple surveillance applications putatively targeting Trump campaign volunteer Carter Page.

CrowdStrike, reporting to Sussmann, also proved critical to the FBI’s work. Rather than examine the DNC servers for itself, the FBI relied on CrowdStrike’s forensics as mediated by Sussmann.

The FBI’s odd relationship with the two Democratic Party contractors gave Sussmann and Elias unprecedented influence over a high-stakes national security scandal that upended U.S. politics and ensnared their political opponents. By hiring CrowdStrike and Fusion GPS, the Perkins Coie lawyers helped define the Trump-Russia narrative and impact the flow of information to the highest reaches of U.S. intelligence agencies.

The established Trump-Russia timeline and the public record, including overlooked sworn testimony, congressional and Justice Department reports, as well as news accounts from the principal recipients of government leaks in the affair, the Washington Post and the New York Times, help to fill in the picture.

‘We Need to Tell the American Public’

In late April 2016, after being informed by Graham Wilson, a Perkins Coie colleague, that the DNC server had been breached, Michael Sussmann immediately turned to CrowdStrike. As Sussmann recalled in December 2017 testimony to the House Permanent Select Committee on Intelligence, the cyber firm was hired based on his “recommendation.”

Although it is widely believed that CrowdStrike worked for the DNC, the firm in fact was retained by Sussmann and his Clinton campaign law firm. As CrowdStrike CEO Shawn Henry told the House committee, his contract was not with the DNC, but instead “with Michael Sussmann from Perkins Coie.”

And it was Sussmann who controlled what the FBI was allowed to see. After bringing CrowdStrike on board, Sussmann pushed aggressively to publicize the firm’s conclusion that Russian government hackers had attacked the DNC server, according to a December 2016 account in the New York Times.

“Within a day, CrowdStrike confirmed that the intrusion had originated in Russia,” the Times reported, citing Sussmann’s recollection. Sussmann and DNC executives had their first formal meeting with senior FBI officials in June 2016, where they encouraged the bureau to publicly endorse CrowdStrike’s findings:

Among the early requests at that meeting, according to participants: that the federal government make a quick “attribution” formally blaming actors with ties to Russian government for the attack to make clear that it was not routine hacking but foreign espionage.

“You have a presidential election underway here and you know that the Russians have hacked into the D.N.C.,” Mr. Sussmann said, recalling the message to the F.B.I. “We need to tell the American public that. And soon.”

But the FBI was not ready to point the finger at Russia. As the Senate Intelligence Committee later reported, “CrowdStrike still had not provided the FBI with forensic images nor an unredacted copy of their [CrowdStrike’s] report.”

Instead of waiting for the FBI, the DNC went public with the Russian hacking allegation on its own. On June 14, 2016, the Washington Post broke the news that CrowdStrike was accusing Russian hackers of infiltrating the DNC’s computer network and stealing data. Sussmann and Henry were quoted as sources. According to the Times’ account, the DNC approached the Post “on Mr. Sussmann’s advice.”

‘We Just Don’t Have the Evidence’

The Washington Post’s June 2016 story, generated by Sussmann, was the opening public salvo in the Russiagate saga.

But it was not until nearly four years later that the public learned that CrowdStrike was not as confident about the Russian hacking allegation that it had publicly lodged. In December 2017 testimony that was declassified only in May 2020, Henry admitted that his firm was akin to a bank examiner who believes the vault has been robbed – but has no proof of how. CrowdStrike, Henry disclosed, “did not have concrete evidence” that alleged Russian hackers removed any data from the DNC servers.

“There’s circumstantial evidence, but no evidence that they were actually exfiltrated,” Henry told the House Intelligence Committee. “There are times when we can see data exfiltrated, and we can say conclusively. But in this case it appears it was set up to be exfiltrated, but we just don’t have the evidence that says it actually left.”

Read in retrospect, public statements from U.S. intelligence officials indicate that they knew of this crucial gap early on, and used qualified language to gloss it over.

A joint FBI-DHS report in December 2016 – the first time the US government attempted to present evidence that Russia hacked the DNC – describes the alleged Russian hacking effort as “likely leading to the exfiltration of information” from Democratic Party networks. (Emphasis added.)

The report by Special Counsel Robert Mueller of April 2019, which found no Trump-Russia collusion, likewise stated that Russian intelligence “appears to have compressed and exfiltrated over 70 gigabytes of data” and “appear to have stolen thousands of emails and attachments” from Democratic Party servers. (Emphasis added.)

These qualifiers – “likely” and “appear” – signaled that U.S. intelligence officials lacked concrete evidence for their Russian hacking claims, a major evidentiary hole confirmed by Henry’s buried testimony.

CrowdStrike’s admission that it lacked evidence of exfiltration was not its first such embarrassment. Just months after it accused Russia of hacking the DNC in June 2016, CrowdStrike was forced to retract a similar accusation that Russia had hacked the Ukrainian military. The firm’s debunked Ukrainian allegation was based on it claiming to have identified the same malware in Ukraine that it had found inside the DNC server.

Conflicting Accounts on DNC Server Access

The FBI relied on CrowdStrike’s forensics of the DNC servers, but both sides have given conflicting accounts as to why. The FBI claims that the DNC denied it direct access to its computer network, while the DNC claims that the FBI never sought such access. Once again, Sussmann was in the middle of this, and his sworn testimony is at odds with other accounts.

In their December 2017 testimony to the House Intelligence Committee, both Sussmann and CrowdStrike’s Henry claimed that the FBI did not try to conduct its own independent investigation of the DNC servers.

“I recall offering, or asking or offering to the FBI to come on premises, and they were not interested in coming on premises at the time,” Sussmann said. Instead, he recalled, “we told them they could have access to everything that CrowdStrike was developing in the course of its investigation.” Asked directly if the FBI sought access to the DNC servers, Sussmann replied: “No, they did not.” He then added: “Excuse me, not to my knowledge.”

Henry also told the committee that he was “not aware” of the FBI ever asking for access to the server or being denied it.

In 2017 congressional testimony, however, then-FBI Director James Comey recalled that the FBI made “multiple requests at different levels,” to access the DNC servers, but was denied. Asked why FBI access was rejected, Comey replied: “I don’t know for sure.” According to Comey, the FBI would have preferred direct access to the server, but “ultimately it was agreed to… [CrowdStrike] would share with us what they saw.”

And while Sussmann testified that Perkins Coie offered the FBI “access to everything that CrowdStrike was developing,” FBI officials and federal prosecutors tell a different story.

According to the Senate Intelligence Committee, CrowdStrike delivered a draft report to the FBI on Aug. 31, 2016 that an unidentified FBI official described as “heavily redacted.” James Trainor, then-assistant director of the FBI’s Cyber Division, told the committee that he was “frustrated” with the CrowdStrike report and “doubted its completeness” because “outside counsel” – i.e. Sussmann – “had reviewed it.” According to Trainor, the DNC’s cooperation was “moderate” overall and “slow and laborious in many respects.” Trainor singled out the fact that Perkins Coie – and specifically, Sussmann – “scrubbed” the CrowdStrike information before it was delivered to the FBI, resulting in a “stripped-down version” that was “not optimal.”

In court filings during the prosecution of Trump associate Roger Stone, the Justice Department revealed that Sussmann, as the DNC’s attorney, submitted three CrowdStrike reports to the FBI in draft, redacted form. According to prosecutor Jessie Liu, the government “does not possess” CrowdStrike’s unredacted reports. It instead relied on Sussmann’s assurances “that the redacted material concerned steps taken to remediate the attack and to harden the DNC and DCCC systems against future attack,” and that “no redacted information concerned the attribution of the attack to Russian actors.”

In short, the FBI failed to conduct its own examination of the DNC server, and instead relied on CrowdStrike’s forensics. It also allowed Sussmann – now indicted for lying as part of an effort to spread the Russiagate conspiracy theory – to decide what it could and could not see in CrowdStrike’s reports on Russian hacking. The government also took Sussmann’s word that the redacted information did not concern “the attribution of the attack to Russian actors.”

CrowdStrike’s reports on the DNC server breach have never been publicly released. RealClearInvestigations has sought to obtain them under the Freedom of Information Act, but that request remains pending.

One source, who was able to review some of the redacted CrowdStrike reports and requested anonymity because this person is not authorized to publicly discuss them, said that they were unconvincing. “My impression was that CrowdStrike was trying very, very hard to make a case that this was Russia,” the source told RCI. “Their case, to me, was weak.”

Although Special Counsel Durham has recently subpoenaed Perkins Coie for documents, there are no indications that CrowdStrike’s work for the firm is a focus of his inquiry. A CrowdStrike spokesperson told RealClearInvestigations that the company has not heard from Durham’s office.

In response to questions about CrowdStrike, an attorney for Sussmann told RealClearInvestigations: “Mr. Sussmann is not answering questions at this time.”

Henry Struggles, Perkins Coie Intervenes

In addition to revealing a major evidentiary gap regarding alleged Russian hacking, Henry’s December 2017 testimony revealed that Sussmann’s law firm exerted significant influence over the flow of information in CrowdStrike’s handling of it.

Joining Henry at the deposition was Sussmann’s Perkins Coie partner, Graham Wilson, who represented the DNC, and David Lashway, who represented CrowdStrike.

Henry’s acknowledgment that CrowdStrike did not have “concrete evidence” of exfiltration came only after he was interrupted and prodded by his attorneys to correct an initial answer. After claiming that he knew when Russian hackers exfiltrated data from the DNC, Henry offered a sharp correction: “Counsel just reminded me that, as it relates to the DNC, we have indicators that data was exfiltrated. We do not have concrete evidence that data was exfiltrated from the DNC, but we have indicators that it was exfiltrated.”

In another exchange, Republican Rep. Chris Stewart of Utah pressed Henry to explain why the FBI relied on CrowdStrike. “I don’t understand why the FBI wouldn’t lead or at least have some role in investigating the evidence,” Stewart said. “…Could they [the FBI] conduct their own investigation in a thorough fashion without access to the actual hardware?”

Henry struggled to respond to Stewart’s queries, before finally answering: “You’re asking me to speculate. I don’t know the answer.”

At this point, Stewart noted that Henry had been actively consulting with his Perkins Coie attorney. “By the way, you need to pay him [Henry’s attorney] well, because he’s obviously serving you well today as you guys have your conversations back and forth together,” Stewart quipped.

Shortly after that exchange, the attorney present for CrowdStrike, Lashway, stressed that Henry’s testimony was subject to Perkins Coie’s discretion. Henry was discussing “work that was performed at the behest of counsel, Perkins Coie, Mr. Sussmann’s law firm,” Lashway said. Accordingly, he added, “we would turn to Perkins Coie, as counsel to the DNC, to ensure that Mr. Henry can actually answer some of these questions.”

An ‘Extraordinary Coincidence’

The CrowdStrike-Perkins Coie contract, signed in early May 2016, ensured that Sussmann and his firm would oversee the cyber firm’s work product, and subject it to the secrecy of attorney-client privilege.

The Perkins Coie-CrowdStrike contract is similar to the arrangement between the firm and another contractor pivotal to the Trump-Russia investigation, Fusion GPS. In their 2019 book, Fusion GPS founders Glenn Simpson and Peter Fritsch wrote that Sussmann’s colleague Elias “wanted it that way for legal reasons: If Fusion’s communications were with a lawyer, they could be considered privileged and kept confidential.”

After being hired in the same month of April, the two firms also lodged their respective Russia-related allegations within days of each other two months later in June. Just six days after CrowdStrike went public with the allegation that Russia had hacked the DNC on June 14, Christopher Steele produced the first report in what came to be known as the Steele dossier.

Over the ensuing months, the two firms and their Democratic clients actively spread their claims to the FBI and media. Steele and Fusion GPS, backed by their Perkins Coie client Elias, shared the fabricated dossier claims with eager FBI agents and credulous journalists, all while hiding that the Clinton campaign and DNC were footing the bill. “Folks involved in funding this lied about it, and with sanctimony, for a year,” the New York Times‘ Maggie Haberman commented when Elias’ secret payments to Fusion GPS were revealed in October 2017.

After going public with its Russian hacking allegation in June, CrowdStrike had contact with the FBI “over a hundred times in the course of many months,” CEO Henry recalled. This included sharing with the FBI its redacted reports, and providing it with “a couple of actual digital images” of DNC hard drives, out of a total number of “in excess of 10, I think,” Henry testified. When Wikileaks released stolen DNC emails on the eve of the Democratic convention in July, senior Clinton campaign officials doggedly promoted CrowdStrike’s claim that Russia had hacked them.

In congressional testimony, Fusion GPS founder Glenn Simpson said that it was an “extraordinary coincidence” that the Russian hacking allegation (by fellow Clinton/Perkins Coie contractor CrowdStrike) overlapped with his firm’s Trump-Russia collusion hunt (while working for Clinton/Perkins Coie).

Coincidence is one possibility. Another is that the roles of Sussman and Elias behind CrowdStrike and Fusion GPS’s highly consequential claims about Russia and the 2016 election could be pillars of the same deception.

Whatever additional scrutiny they may face, it will no longer be as partners at Perkins Coie. Elias, who was also the Democrats’ leading election law attorney opposing Trump challenges to the 2020 vote, resigned in August to launch a new firm, taking 13 colleagues with him. Upon his indictment by Durham three weeks later, Sussmann stepped down as well to focus, he said, on his legal defense. (Aaron Maté/RealClearInvestigations, 10/19/2021)  (Archive)

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October 23, 2021 - Christopher Steele tells Sky News that Theresa May rebuffed the Clinton/DNC/Steele dossier after it went public

A former British spy who wrote a dossier on Donald Trump said he once spent hours with then, home secretary Theresa May, briefing her on the Russia threat.

Christopher Steele also revealed he had been asked by a UK official to review sensitive government documents on Russia just days before his dossier, which alleged collusion between the Trump campaign and Moscow in the 2016 US election, became public.

It meant he was left feeling “surprised and disappointed”, he said, when Mrs May, as prime minister, then appeared to play down his links to the government.

“It was quite galling to have announcements made… to the effect that this was nothing, we were nothing to do with the government, we hadn’t worked with or for the government for years and so on,” the former senior MI6 officer said in an exclusive Sky News interview.

He was referring to remarks by Mrs May in January 2017 after the dosser ignited a political firestorm in the United States, drawing furious denials from then, president-elect Trump.

“It is absolutely clear that the individual who produced this dossier has not worked for the UK government for years,” she said at the time.” (Read more: Sky News, 10/22/2021)  (Archive)

October 28, 2021 - Longtime Clinton friend and VA gubernatorial candidate, Terry McAuliffe, hires Marc Elias for his services

“As a long-standing associate of the Clintons, Virginia Democratic gubernatorial candidate Terry McAuliffe has long ties with the Democratic establishment. That history was placed into sharp relief this week when he made a hefty down payment on the services of former Clinton counsel Marc Elias.  Elias is a critical figure in the ongoing Durham investigation and has been accused of lying to the media to hide the role of the Clinton campaign in funding the Steele dossier. His former law partner Michael Sussmann at Perkins Coie was recently indicted by Durham.  Elias has also led efforts to challenge Democratic losses, even as he denounces Republicans for such election challenges.  Elias has been sanctioned in past litigation.

Like Sussmann, Elias has left Perkins Coie.  He ironically created a law firm specializing in campaign ethics. McAuliffe may be preparing to challenge any win by Republican Glenn Youngkin. He has given $53,680 to the Elias Law Group.  McAuliffe does not appear disturbed by Elias’ highly controversial career or his possible exposure in the Durham investigation.

I previously described news accounts linking the firm and Elias to the dossier scandal:

Throughout the campaign, the Clinton campaign denied any involvement in the creation of the so-called Steele dossier’s allegations of Trump-Russia connections. However, weeks after the election, journalists discovered that the Clinton campaign hid payments for the dossier made to a research firm, Fusion GPS, as “legal fees” among the $5.6 million paid to the campaign’s law firm. New York Times reporter Ken Vogel said at the time that Clinton lawyer Marc Elias, with the law firm of Perkins Coie, denied involvement in the anti-Trump dossier. When Vogel tried to report the story, he said, Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman declared, “Folks involved in funding this lied about it, and with sanctimony, for a year.”

It was not just reporters who asked the Clinton campaign about its role in the Steele dossier. John Podesta, Clinton’s campaign chairman, was questioned by Congress and denied categorically any contractual agreement with Fusion GPS. Sitting beside him was Elias, who reportedly said nothing to correct the misleading information given to Congress.

The Washington Post also reported that “Elias drew from funds that both the Clinton campaign and the DNC were paying Perkins Coie.”

That makes the choice of counsel astonishing given these allegations from reporters and McAuliffe’s previous assertion that “someone who lies about the little things will lie about the big things too.” (Read more: Jonathan Turley, 10/28/2021)  (Archive)

November 2, 2021 - Steele's primary dossier source, Igor "Iggy" Danchenko, is indicted by Durham grand jury

Federal authorities on Tuesday arrested Igor “Iggy” Danchenko, a Russian national who was the primary researcher for the so-called Steele Dossier – a compendium of opposition research funded by the 2016 Hillary Clinton presidential campaign and used to smear Donald Trump as a Russian operative. It was also used as justification for an FBI wiretap application targeting former Trump adviser Carter Page.

According to the New York Times, the arrest of Danchenko is part of John Durham’s special counsel investigation into wrongdoing connected to the Obama administration’s Russia investigation.

November 4, 2021 - Durham indictment of Danchenko reveals role of Clinton advisor, Charles Dolan, in dossier creation

(…) Count One of Durham’s indictment relates to denials from Danchenko to FBI agents that he had spoken with “PR-Executive-1,” now identified as Charles Dolan, about any material contained in Steele’s dossier. As Durham’s indictment lays out, Dolan, described as a “long-time participant in Democrat party politics,” was actually Danchenko’s source for many of the allegations within Steele’s dossier. Dolan’s role in the creation of the dossier was not known publicly until yesterday.

Dolan’s identity as PR Executive-1 has been confirmed through a brief statement from his lawyer, who also noted that Dolan was a “witness” in Durham’s ongoing case.

Danchenko, who had worked at the left-leaning think tank Brookings Institute from 2005 to 2010, was introduced to Dolan in February 2016 by another Brookings employee, Fiona Hill, who had previously introduced Danchenko to Steele in late 2010. Following this introduction Danchenko began working for Steele in 2011. Hill would later become known to the public in 2019 during her testimony at the impeachment hearings of then-President Trump.

Durham notes in the indictment that Dolan’s role was “highly relevant and material” to the FBI’s review of Steele’s allegations because Dolan “maintained pre-existing and ongoing relationships with numerous persons” named in Steele’s dossier.

Additionally, as Durham’s indictment notes, “allegations sourced to [Dolan] by Danchenko formed the basis of a [dossier] report that, in turn, underpinned” the FISA applications made by the FBI on Trump campaign adviser Page.

Durham repeatedly notes that if Danchenko had not lied to the FBI regarding Dolan’s role, the FBI might have taken further investigative steps, including interviewing Dolan. While this assertion may be accurate, it also appears that the FBI failed repeatedly to investigate specific details or events that could have been easily verified or disproven.

Dolan and the Clintons have a lengthy history that dates back to the 1990s. In 2008, Dolan served as an adviser to then-Sen. Clinton’s presidential campaign and he “actively campaigned” on behalf of Clinton’s 2016 presidential campaign. (Read more: The Epoch Times, 11/04/2021)

November 5, 2021 -The fictitious Sergei Millian phone call with Danchenko and other deceptions

(…) The remaining four charges laid out in Durham’s indictment of Danchenko relate to Sergei Millian, an American national of Belarus descent. Many of the details behind these charges were already known to those who had been investigating the Russia-Collusion stories.

Durham’s indictment alleges that Danchenko lied to the FBI on four separate occasions, each time claiming that he’d had a phone conversation in the summer of 2016 with someone he believed to have been Millian. For his part, Millian has always stated that he never met Danchenko, in person or by phone. Millian’s assertions are emphatically proven in Durham’s indictment of Danchenko where it is repeatedly stated that “Danchenko never spoke to Chamber President-1 [Millian].”

Millian differed from all of Steele’s other purported sources in that he had no actual contact with anyone within Steele’s orbit—including Danchenko. Steele has demonstrated a preference for his targets to be physically present with his operatives. And indeed, Steele told the FBI that he believed Danchenko had met with Millian on “two or three separate occasions.”

The allegations attributed to Millian are crucial to the Steele dossier. Steele used Millian as the supposed source for his allegations of a “well-developed conspiracy of cooperation” between Trump and Russian President Vladimir Putin, which was foundational to the Trump-Russia collusion narrative. Steele further attributed Millian as the source for allegations regarding secret communications between Russian Alfa Bank and Trump. Also ascribed to Millian were the Wikileaks email dump and the salacious “pee tape” story. All from a person whom neither Steele nor Danchenko had ever met with or spoken to.

Danchenko admitted to the FBI that his first outreach to Millian was on July 22, 2016, via email, which is cited in Durham’s indictment. But by this point, Steele, apparently believing that Danchenko had actually met Millian, had already published two reports in his dossier that attributed specific allegations to Millian. As Danchenko admitted to the FBI in a November 2017 follow-up interview, Steele erroneously believed that there had been in-person meetings between Danchenko and Millian, a belief which Danchenko did not correct.

It is unlikely that Steele would have placed so much emphasis on Millian as a major source without a plausible scenario for how these stories were obtained. (Read more: The Epoch Times, 11/05/2021)

November 14, 2021 - A photo is released of Brennan telling Obama about Hillary's efforts to paint Trump as Russian operative

“…former Rep. Doug Collins, the former ranking member on the House Judiciary Committee, joined Maria Bartiromo on Sunday Morning Futures.

During their discussion, they revealed that then CIA Director John Brennan gave then President Barack Obama a private briefing on Hillary Clinton’s efforts to paint Donald Trump as a Russian operative.

Doug Collins: I’m going to say, not only the FBI, Comey and Strzok and McCabe ought to be very worried about Durham’s investigation. I’m going to say Brennan and Clapper, remember they were the ones that actually briefed Obama about the entire plot from Hillary Clinton to try and paint Donald Trump with Russia. There’s got to be some accountability.

Maria Bartiromo: Yeah, we got a picture of John Brennan in the Oval Office with President Obama, explaining, and we know now the notes because John Ratcliffe exposed those notes showing that Brennan told Obama that Hillary Clinton was cooking up this idea to tie Donald Trump. So they all knew, they all were aware of what was going on.”

(The Gateway Pundit, 11/14/2021)

November 29, 2021 - The FAA accidentally reveals 704 previously unknown Epstein flights

Insider requested all flight-history data associated with four planes owned by Jeffrey Epstein.

The FAA rejected the request but later provided the records in response to an unrelated request.

The new FAA records include hundreds of previously unknown flights made by Epstein’s jets.

They corroborate Insider’s reporting on Epstein’s travel patterns as documented in court records and flight-signal data.

A searchable database now contains 2,618 flights made by Epstein’s private jets from 1995 to July 6, 2019. (Read more: BusinessInsider, 11/29/2021)  (Archive)

The Federal Aviation Administration accidentally provided Insider with its internal flight records for Jeffrey Epstein’s private jets, revealing more than 704 previously unknown flights https://t.co/J0qbYaTuiF

— Insider (@thisisinsider) November 29, 2021

December 2, 2021 - Recently FOIA'd WH visitor logs reveal Jeffrey Epstein visited Clinton White House 17 times

 

Jeffrey Epstein’s access to the Clinton White House laid bare: Visitor logs reveal pedophile visited the former president at least 17 TIMES – including a dozen in 1994 and twice in one day on three separate occasions

Visitor logs obtained exclusively by DailyMail.com reveal pedophile Jeffrey Epstein visited the White House at least 17 times during Bill Clinton’s first term between 1993 and 1995

The documents, released as part of a FOIA request, show Epstein was admitted as a guest on 14 separate days and on three occasions made two visits in a single day

The vast majority of Epstein’s visits were to the West Wing, suggesting he was meeting the president

The late financier was invited by some of Clinton’s most senior advisers and aides, including Robert Rubin who later served as Clinton’s Treasury Secretary

While Epstein’s crimes did not become public knowledge until his 2006 arrest, the visits would have occurred around the time his alleged madam Ghislaine Maxwell was allegedly procuring underage girls for him

According to logs, Epstein was first admitted as a guest in February 25, 1993 – just a month after Clinton’s inauguration – after being invited by Robert Rubin, at the time Assistant to the President for Economic Policy

He next visited on September 29, 1993 for a reception organized by the White House Historical Association after he donated $10,000, which he was photographed attending with Ghislaine Maxwell

(Read more: The Daily Mail, 12/02/2021)  (Archive)

December 3, 2021 - Fusion GPS and Glenn Simpson fail to disclose damning emails to Alfa Bank; Durham has them

Back in May, we reported on the fight brewing in a DC federal court, where Fusion GPS and Glenn Simpson were trying to keep secret their internal correspondence and records relating to their role in pushing the Alfa Bank/Trump hoax. New court filings indicate Fusion GPS and Glenn Simpson improperly failed to disclose some of their most damning e-mails.

Overview

For background, the fight arises out of a lawsuit – Fridman, et al. (Alfa Bank) v. Bean LLC a/k/a Fusion GPS, and Glenn Simpson, where the owners of Alfa Bank have sued Fusion GPS and Simpson for falsely accusing “the Plaintiffs—and Alfa (“Alfa”), a consortium in which the Plaintiffs are investors—of criminal conduct and alleged cooperation with the ‘Kremlin’ to influence the 2016 presidential election.”

The case was filed in October 2017. Litigation has been ongoing for over four years – with Alfa Bank still fighting to obtain written discovery from Fusion GPS that is material to its case. Our previous report had to do with that very discovery dispute. Back in May, Alfa Bank “filed a motion to compel, asking the Court to require Fusion GPS and Glenn Simpson to produce nearly 500 critically important documents improperly withheld as privileged.” (More background here.)

These documents included e-mail correspondence within Fusion GPS regarding the “Alfa Playbook” and showed the early development of the Fusion GPS/Simpson work on Trump/Russia. One would assume this entails the early or emerging thought process of the “intelligence” group as they sought to falsely accuse the Trump campaign of colluding with Russia.

(…) The Latest Developments

Today, the attorneys for Alfa Bank filed this, their “Supplement to Plaintiffs’ Second Motion to Compel Defendants to Produce Documents Improperly Withheld as Privileged.” The motion was filed to inform the court that Fusion GPS and Glenn Simpson (and/or their attorneys) “possess numerous documents responsive to Plaintiffs’ RFPs [requests for production] that [Fusion/Simpson] neither produced nor included in their privilege log.”

Alfa v Fusion – PL Third Mo… by Techno Fog

(Brief interlude: generally, the parties request and exchange documents in a federal civil case like this. A party can avoid producing documents where they claim a privilege – they just need to typically submit a “privilege log” to the other side. This doesn’t mean the privilege will ultimately prevail.)

What does the latest filing by Alfa Bank reveal?

Fusion GPS/Glenn Simpson (or their attorneys) failed to submit in the privilege log certain communications ultimately uncovered by Special Counsel John Durham. I’ll let the Alfa Bank motion explain:

(Read more: Techno Fog, 12/03/2021)  (Archive)

December 8, 2021 - Hillary cries as she shares her would-be presidential victory speech

FAILED presidential candidate Hillary Clinton shared the victory speech she thought she would deliver on November 8, 2016.

(…) Hillary will share the full speech during her MasterClass on Thursday. She shared parts on The Today Show:

“Today with your children on your shoulders, your neighbors at your side, friends old and new standing as one, you renewed our democracy,” she says. “And because of the honor you have given me, you have changed its face forever. I’ve met women who were born before women had the right to vote. They’ve been waiting a hundred years for tonight.

“I’ve met little boys and girls who didn’t understand why a woman has never been president before. Now they know, and the world knows, that in America, every boy and every girl can grow up to be whatever they dream — even president of the United States.

“This is a victory for all Americans. Men and women. Boys and girls. Because as our country has proven once again, when there are no ceilings, the sky’s the limit.”

She also addresses the deep partisan divide in the country.

“If you dig deep enough through all the mud of politics, eventually you hit something hard and true,” she says. “A foundation of fundamental values that unite us as Americans. You proved that today.

“In a country divided by race and religion, class and culture, and often paralyzing partisanship, a broad coalition of Americans embraced a shared vision of a hopeful, inclusive, big-hearted America.

“An America where women are respected and immigrants are welcomed. Where veterans are honored, parents are supported, and workers are paid fairly. An America where we believe in science, where we look beyond people’s disabilities and see their possibilities, where marriage is a right and discrimination is wrong. No matter who you are, what you look like, where you come from, or who you love.

(Read more: Legal Insurrection, 12/08/2021)  (Archive)

(…)”In parts of the speech shared with TODAY, Clinton shares the remarks she had prepared if she had won the contentious election against Trump.

“My fellow Americans, today you sent a message to the whole world,” she says. “Our values endure. Our democracy stands strong. And our motto remains: e pluribus unum. Out of many, one.

“We will not be defined only by our differences. We will not be an us versus them country. The American dream is big enough for everyone. Through a long, hard campaign, we were challenged to choose between two very different visions for America. How we grow together, how we live together, and how we face a world full of peril and promise together.

“Fundamentally, this election challenged us to decide what it means to be an American in the 21st century. And for reaching for a unity, decency, and what President Lincoln called ‘the better angels of our nature.’ We met that challenge.”

Clinton then talks about the significance of what becoming the first female president in U.S. history would have meant. (Read more: Today, 12/08/2021)  (Archive)

December 9, 2021 - Those who reported on the Steele dossier ruse...where Isikoff, Corn, and other beguiled journalists are today

(…) In the wake of the Durham revelations, the Washington Post has retracted or corrected sections of no fewer than 14 stories about Millian and the dossier. The Wall Street Journal, which first made the connection based on a single anonymous source in a January 2017 story by Pulitzer-winning reporter Mark Maremont, now concedes that the indictment raises “serious questions” about its reporting. ABC News, which aired a January 2017 story by former correspondent Brian Ross and producer Matthew Mosk identifying Millian as a key dossier source, said it is “reviewing” its reporting “in light of new developments.”

Corn, the Washington bureau chief for the leftist political magazine Mother Jones, and Isikoff, the chief investigative correspondent for Yahoo News, were among the first journalists to press the Steele dossier in the media, starting in the fall of 2016. Answering critics on Twitter last month, Isikoff claimed he had disavowed the dossier years ago: “I already did, some time ago (before [Justice Department IG Michael] Horowitz and Durham),” referring to remarks he made to USA Today in 2018.

In that interview, Isikoff indicated blandly that some of the information he was fed was wrong, stating that some of the dossier’s “more sensational allegations are likely false.” He summed up the dossier as a “mixed record.” Now he knows for certain what he reported was incorrect and yet he has issued no corrections or mea culpas.

Isikoff once tweeted a link to his book “Russian Roulette” to President Trump, arguing “here is what is true, Mr. President.” Currently atop his Twitter page, Isikoff still has a pinned 2018 tweet thanking MSNBC host Rachel Maddow for helping propel the book to No. 1 on Amazon.

In an attempt to face up to his own part in pushing the dossier fables, Corn last month penned a lengthy piece in Mother Jones arguing that just because the dossier turned out to be fiction doesn’t mean the Russiagate narrative is a hoax. He insisted Trump is still “guilty” of betraying America by cozying up to Russia.

Corn avoided mentioning Millian a single time in his 4,000-word essay and even cited “Russian Roulette” in his defense. In his telling, the fact that he and Isikoff showed some skepticism by reporting that the Justice Department watchdog revealed Steele may have exaggerated his most sensational allegations, makes up for repeating those stories in their book. Corn also continues to feature “Russian Roulette” as the backdrop to his Twitter page.

Corn admits he “chased after some of the allegations” but “couldn’t nail anything down.” Even so, he called on the FBI to investigate Millian in a Jan. 19, 2017, Mother Jones story. Months earlier, Corn gave a copy of the dossier to then-FBI General Counsel James Baker, whom he knows socially. (The magazine has appended an editor’s note to that article, stating: “Earlier Mother Jones reporting noted that Sergei Millian was reportedly a source for the Steele dossier … Content making reference to Millian has been appropriately updated.”)

In an RCI interview, Millian said that in addition to correcting the record, both men owe him an apology.

“Isikoff and Corn played a role in spreading evil rumors and gossip about innocent American citizens,” Millian said, noting he’s retained a libel attorney. “Now they are simply ducking reasonable questions about their role, as if they were not a part of harming people.”

Neither Corn nor Isikoff responded to requests for comment. (Read more: RealClearInvestigations, 12/09/2021)  (Archive)

December 13, 2021 - As the pandemic rages, lawmakers buy and sell stock in companies that make COVID-19 vaccines, treatments, and tests

(…) At a time when millions of Americans are struggling financially, members of Congress have traded extraordinarily well during the pandemic. This juxtaposition has led directly to the public sentiment that the trading activity of Congress must be curbed. The problem lies in the fact that members of Congress typically possess information that the public does not. The pandemic highlighted this issue, as Congress was briefed on the risks of COVID-19 before the public and before the March 2020 market crash.

Lawmakers were likely aware of the FDA’s approval of the COVID-19 vaccine before the news broke to the public. Approximately 93 senators and representatives held stock in Johnson and Johnson and Pfizer stock once the pandemic broke out in March 2020. Several spouses of these lawmakers held stock in Moderna in 2020 as well and traded thousands of dollars worth of company stock throughout the pandemic. Moderna and Pfizer stocks typically tended to fluctuate throughout the pandemic, but when talk of vaccine approval began, these stocks rose exponentially. In January 2020, Moderna stock sold for roughly $20 a share; in September 2021, the stock hit $455.

In March of 2020, the Department of Justice launched an investigation into the trading activity of Senators Richard Burr, and Kelly Loeffler, among others. While those investigations are now closed, and no charges were initiated against any lawmaker, the issues raised are troubling, to say the least. For example, Senator Burr and his wife traded between $628,000 and $1.7 million worth of stock in thirty-three transactions while at the same time stating to the public that the government had the coronavirus pandemic under control. At a minimum, signaling to the public that all is well while trading on the information in his possession raises ethical issues.

Ending Trading for Congress

Speaker of the House, Nancy Pelosi (whose stock trading, along with her husband, has come under scrutiny), initially opposed (I know, shocking) a stock trading ban, citing that the market is a “free market economy” and lawmakers “should be able to participate,” in trading on the market. She has since reversed her position on the issue — it appears that public sentiment is putting pressure on the hypocrisy of Congress to act on a long overdue issue.

While the Ethics Reform Act continues to collect dust, only time will tell if we see a long overdue change to the status quo, which has allowed members of Congress to enrich themselves while simultaneously undermining the trust of the American people. (Read more: Warren Law, 8/23/2024)  (Archive)

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This video can be viewed on X but is private on YouTube:

Watch the full show HERE:https://t.co/veXCxi0Jr9

— Glenn Beck (@glennbeck) April 11, 2024

December 2021 - Convicted pedophile George Nader pleads guilty to funneling millions in foreign cash to Hillary Clinton's 2016 campaign

“Convicted pedophile, UAE adviser and central witness in former special counsel Robert Mueller’s Russia investigation, George Nader, has pleaded guilty to his role in helping the UAE funnel millions of dollars in illegal campaign contributions into US campaigns during the 2016 presidential election, according to The Intercept, citing federal court documents filed last month.

In a December sentencing memo, federal prosecutors disclosed that Nader had agreed months early to plead guilty to a single count of felony conspiracy to defraud the US government by pumping millions in donations to Hillary Clinton’s campaign – concealing the foreign origin of the funds.

Nader conspired to hide the funds “out of a desire to lobby on behalf and advance the interests of his client, the government of the United Arab Emirates,” according to the prosecutors’ sentencing memo. Nader received the money for the illegal donations from the UAE government, the memo said. The filing marks the first time that the U.S. government has explicitly accused the UAE, a close ally, of illegally seeking to buy access to candidates during a presidential election.

Nader’s guilty plea opens a new window into the efforts of the United Arab Emirates and its de facto ruler, Abu Dhabi Crown Prince Mohammed bin Zayed, known as MBZ, to influence the outcome of the 2016 election and shape subsequent U.S. policy in the Gulf. The government’s memo notes that Nader and Los Angeles businessperson Ahmad “Andy” Khawaja also sought to cultivate “key figures” in the Trump campaign and that Khawaja donated $1 million to Trump’s inaugural committee. It is unclear where that money came from. – The Intercept

Nader is accused of taking instructions from UAE Crown Prince MBZ, and gave regular updates on his efforts to get close to Clinton.

In total, Nader transferred nearly $5 million from his UAE business to Khawaja – CEO of a Los Angeles-based payment processing company. According to prosecutors, the funds were disguised as a routine business contract between the two men. Of the total transferred, more than $3.5 million came from the UAE government and was given to pro-Clinton Democratic political committees. Prosecutors have yet to publicly identify what happened to the remaining $1.4 million Nader transferred to Khawaja.

In 2016, Khawaja co-hosted an August fundraiser for Clinton which included a laundry list of high-profile guests, including Univision owner Haim Saban, movie mogul Jeffrey Katzenberg and basketball legend Magic Johnson, according to the report. According to the indictment, Khawaja conspired with six other individuals to conceal his excessive contributions. Others who were indicted were also linked to donations to Clinton and other Democrats.

The indictment quotes an alleged encrypted message that Nader sent an official from Foreign Country A via WhatsApp after Khawaja contributed $275,000 and invited Nader to attend and April 16, 2016, event for presidential Candidate 1.

Wonderful meeting with the Big Lady . . . Cant wait to tell you about it, Nader allegedly wrote, in an apparent reference to Clinton.

The indictment noted that political committees that received funding unwittingly submitted false disclosure reports and were presumably victims of the plot. Still, Hillary Clinton apparently attended numerous events, including small gatherings, with Nader, who on July 19, 2016, messaged the foreign official a photograph of him with Candidate 1s spouse an apparent reference to Bill Clinton at Khawajas home. –Washington Post

Prosecutors have sought a five-year sentence for Nader – after he completes the 10-year sentence he’s currently serving for possessing child pornography, and for sex-trafficking a minor to the US “for the purpose of engaging in criminal sexual activity.” (Read more: Zero Hedge, 1/17/2022)  (Archive) (Nader Sentencing Memo)

December 16, 2021 - DC Bar restores FBI Russiagate forger and convicted felon to ‘Good Standing’

By: Paul Sperry

RealClearInvestigations, 12/16/2021

A former senior FBI lawyer who falsified a surveillance document in the Trump-Russia investigation has been restored as a member in “good standing” by the District of Columbia Bar Association even though he has yet to finish serving out his probation as a convicted felon, according to disciplinary records obtained by RealClearInvestigations.

The move is the latest in a series of exceptions the bar has made for Kevin Clinesmith, who pleaded guilty in August 2020 to doctoring an email used to justify a surveillance warrant targeting former Trump campaign adviser Carter Page.

Clinesmith was sentenced to 12 months probation last January. But the D.C. Bar did not seek his disbarment, as is customary after lawyers are convicted of serious crimes involving the administration of justice. In this case, it did not even initiate disciplinary proceedings against him until February of this year — five months after he pleaded guilty and four days after RealClearInvestigations first reported he had not been disciplined. After the negative publicity, the bar temporarily suspended Clinesmith pending a review and hearing. Then in September, the court that oversees the bar and imposes sanctions agreed with its recommendation to let Clinesmith off suspension with time served; the bar, in turn, restored his status to “active member” in “good standing.”

 

Before quietly making that decision, however, records indicate the bar did not check with his probation officer to see if he had violated the terms of his sentence or if he had completed the community service requirement of volunteering 400 hours.

To fulfill the terms of his probation, Clinesmith volunteered at Street Sense Media in Washington but stopped working at the nonprofit group last summer, which has not been previously reported. “I can confirm he was a volunteer here,” Street Sense editorial director Eric Falquero told RCI, without elaborating about how many hours he worked. Clinesmith had helped edit and research articles for the weekly newspaper, which coaches the homeless on how to “sleep on the streets” and calls for a “universal living wage” and prison reform.

From the records, it also appears bar officials did not consult with the FBI’s Inspection Division, which has been debriefing Clinesmith to determine if he was involved in any other surveillance abuses tied to Foreign Intelligence Surveillance Act warrants, in addition to the one used against Page. Clinesmith’s cooperation was one of the conditions of the plea deal he struck with Special Counsel John Durham. If he fails to fully cooperate, including turning over any relevant materials or records in his possession, he could be subject to perjury or obstruction charges.

Clinesmith — who was assigned to some of the FBI’s most sensitive and high-profile investigations — may still be in Durham’s sights regarding other areas of his wide-ranging probe.

The scope of his mandate as special counsel is broader than commonly understood: In addition to examining the legal justification for the FBI’s “Russiagate” probe, it also includes examining the bureau’s handling of the inquiry into Hillary Clinton’s use of an unsecured email server, which she set up in her basement to send and receive classified information, and her destruction of more than 30,000 subpoenaed emails she generated while running the State Department. As assistant FBI general counsel in the bureau’s national security branch, Clinesmith played an instrumental role in that investigation, which was widely criticized by FBI and Justice Department veterans, along with ethics watchdogs, as fraught with suspicious irregularities.

Clinesmith also worked on former Special Counsel Robert Mueller’s probe into the 2016 Trump campaign as the key attorney linking his office to the FBI. He was the only headquarters lawyer assigned to Mueller. Durham’s investigators are said to be looking into the Mueller team’s actions as well.

The D.C. Bar’s treatment of Clinesmith, a registered Democrat who sent anti-Trump rants to FBI colleagues after the Republican was elected, has raised questions from the start. Normally the bar automatically suspends the license of members who plead guilty to a felony. But in Clinesmith’s case, it delayed suspending him on even an interim basis for several months and only acted after RCI revealed the break Clinesmith was given, records confirm.

It then allowed him to negotiate his fate, which is rarely done in any misconduct investigation, let alone one involving a serious crime, according to a review of past cases. It also overlooked violations of its own rules: Clinesmith apparently broke the bar’s rule requiring reporting his guilty plea “promptly” to the court — within 10 days of entering it — and failed to do so for five months, reveal transcripts of a July disciplinary hearing obtained by RCI.

“I did not see evidence that you informed the court,” Rebecca Smith, the chairwoman of the D.C. Bar panel conducting the hearing, admonished Clinesmith.

“[T]hat was frankly just an error,” Clinesmith’s lawyer stepped in to explain.

Smith also scolded the bar’s Office of Disciplinary Counsel for the “delay” in reporting the offense, since it negotiated the deal with Clinesmith, pointing out: “Disciplinary counsel did not report the plea to the court and initiate a disciplinary proceeding.” Bill Ross, the assistant disciplinary counsel who represented the office at the hearing, argued Clinesmith shouldn’t be held responsible and blamed the oversight on the COVID pandemic.

The Democrat-controlled panel, known as the Board on Professional Responsibility, nonetheless gave Clinesmith a pass, rubberstamping the light sentence he negotiated with the bar’s chief prosecutor, Disciplinary Counsel Hamilton “Phil” Fox, while admitting it was “unusual.” Federal Election Commission records show Fox, a former Watergate prosecutor, is a major donor to Democrats, including former President Obama. All three members of the board also are Democratic donors, FEC data reveal.

While the D.C. Bar delayed taking any action against Clinesmith, the Michigan Bar, where he is also licensed, automatically suspended him the day he pleaded guilty. And on Sept. 30, records show, the Michigan Bar’s attorney discipline board suspended Clinesmith for two years, from the date of his guilty plea through Aug. 19, 2022, and fined him $1,037.

“[T]he panel found that respondent engaged in conduct that was prejudicial to the proper administration of justice [and] exposed the legal profession or the courts to obloquy, contempt, censure or reproach,” the board ruled against Clinesmith, adding that his misconduct “was contrary to justice, ethics, honesty or good morals; violated the standards or rules of professional conduct adopted by the Supreme Court; and violated a criminal law of the United States.”

Normally, bars arrange what’s called “reciprocal discipline” for unethical attorneys licensed in their jurisdictions. But this was not done in the case of Clinesmith. The D.C. Bar decided to go much easier on the former FBI attorney, further raising suspicions the anti-Trump felon was given favorable treatment.

In making the bar’s case not to strip Clinesmith of his license or effectively punish him going forward, Fox disregarded key findings by Durham about Clinesmith’s intent to deceive the FISA court as a government attorney who held a position of trust.

Clinesmith confessed to creating a false document by changing the wording in a June 2017 CIA email to state Page was “not a source” for the CIA when in fact the agency had told Clinesmith and the FBI on multiple occasions Page had been providing information about Russia to it for years — a revelation that, if disclosed to the Foreign Intelligence Surveillance Court, would have undercut the FBI’s case for electronically monitoring Page as a supposed Russian agent and something that Durham noted Clinesmith understood all too well.

Bar records show Fox simply took Clinesmith’s word that he believed the change in wording was accurate and that in making it, he mistakenly took a “shortcut” to save time and had no intent to deceive the court or the case agents preparing the application for the warrant.

Durham demonstrated that Clinesmith certainly did intend to mislead the FISA court. “By his own words, it appears that the defendant falsified the email in order to conceal [Page’s] former status as a source and to avoid making an embarrassing disclosure to the FISC,” the special prosecutor asserted in his 20-page memo to the sentencing judge, in which he urged a prison term of up to six months for Clinesmith. “Such a disclosure would have drawn a strong and hostile response from the FISC for not disclosing it sooner [in earlier warrant applications].”

As proof of Clinesmith’s intent to deceive, Durham cited an internal message Clinesmith sent the FBI agent preparing the application, who relied on Clinesmith to tell him what the CIA said about Page. “At least we don’t have to have a terrible footnote” explaining that Page was a source for the CIA in the application, Clinesmith wrote.

The FBI lawyer also removed the initial email he sent to the CIA inquiring about Page’s status as a source before forwarding the CIA email to another FBI agent, blinding him to the context of the exchange about Page.

Durham also noted that Clinesmith repeatedly changed his story after the Justice Department’s watchdog first confronted him with the altered email during an internal 2019 investigation. What’s more, he falsely claimed his CIA contact told him in phone calls that Page was not a source, conversations the contact swore never happened.

Fox also maintained that Clinesmith had no personal motive in forging the document. But Durham cited virulently anti-Trump political messages Clinesmith sent to other FBI employees after Trump won in 2016 – including a battle cry to “fight” Trump and his policies – and argued that his clear political bias may have led to his criminal misconduct.

“It is plausible that his strong political views and/or personal dislike of [Trump] made him more willing to engage in the fraudulent and unethical conduct to which he has pled guilty,” Durham told U.S. District Judge Jeb Boasberg.

Boasberg, a Democrat appointed by President Obama, spared Clinesmith jail time and let him serve out his probation from home. Fox and the D.C. Bar sided with Boasberg, who accepted Clinesmith’s claim he did not intentionally deceive the FISA court, which Boasberg happens to preside over, and even offered an excuse for his criminal conduct.

“My view of the evidence is that Mr. Clinesmith likely believed that what he said about Mr. Page was true,” Boasberg said. “By altering the email, he was saving himself some work and taking an inappropriate shortcut.”

Fox echoed the judge’s reasoning in essentially letting Clinesmith off the hook. (The deal they struck, which the U.S. District Court of Appeals that oversees the bar approved in September, called for a one-year suspension, but the suspension began retroactively in August 2020, which made it meaningless.) Boasberg opined that Clinesmith had “already suffered” punishment by losing his FBI job and $150,000 salary.

But, Boasberg assumed, wrongly as it turned out, that Clinesmith also faced possible disbarment. “And who knows where his earnings go now,” the judge sympathized. “He may be disbarred or suspended from the practice of law.”

Anticipating such a punishment, Boasberg waived a recommended fine of up to $10,000, arguing that Clinesmith couldn’t afford it. He also waived the regular drug testing usually required during probation, while returning Clinesmith’s passport. And he gave his blessing to Clinesmith’s request to serve out his probation as a volunteer journalist, before wishing him well: “Mr. Clinesmith, best of luck to you.”

Fox did not respond to requests for comment. But he argued in a petition to the board that his deal with Clinesmith was “not unduly lenient,” because it was comparable to sanctions imposed in similar cases. However, none of the cases he cited involved the FBI, Justice Department or FISA court. One case involved a lawyer who made false statements to obtain construction permits, while another made false statements to help a client become a naturalized citizen – a far cry from falsifying evidence to spy on an American citizen.

Durham noted that in providing the legal support for a warrant application to the secret FISA court, Clinesmith had “a heightened duty of candor,” since FISA targets do not have legal representation before the court.

He argued Clinesmith’s offense was “a very serious crime with significant repercussions” and suggested it made him unfit to practice law.

“An attorney – particularly an attorney in the FBI’s Office of General Counsel – is the last person that FBI agents or this court should expect to create a false document,” Durham said.

The warrant Clinesmith helped obtain has since been deemed invalid and the surveillance of Page illegal. Never charged with a crime, Page is now suing the FBI and Justice Department for $75 million for violating his constitutional rights against improper searches and seizures.

Explaining the D.C. Bar’s disciplinary process in a 2019 interview with Washington Lawyer magazine, Fox said that “the lawyer has the burden of proving they are fit to practice again. Have they accepted responsibility for their conduct?” His office’s website said a core function is to “deter attorneys from engaging in misconduct.”

In the same interview, Fox maintained that he tries to insulate his investigative decisions from political bias. “I try to make sure our office is not used as a political tool,” he said. “We don’t want to be a political tool for the Democrats or Republicans.”

Bar records from the Clinesmith case show Fox suggested the now-discredited Trump-Russia “collusion” investigation was “a legitimate and highly important investigation.”

One longstanding member of the D.C. Bar with direct knowledge of Clinesmith’s case before the bar suspects its predominantly Democratic board went soft on him due to partisan politics. “The District of Columbia is a very liberal bar,” he said. “Basically, they went light on him because he’s also a Democrat who hated Trump.”

Meanwhile, the D.C. Bar has not initiated disciplinary proceedings against Michael Sussmann, another Washington attorney charged by Durham. Records show Sussmann remains an “active member” of the bar in “good standing,” which also has not been previously reported. The former Hillary Clinton campaign lawyer, who recently resigned from Washington-based Perkins Coie LLP, is accused of lying to federal investigators about his client while passing off a report falsely linking Trump to the Kremlin.

While Sussmann has pleaded not guilty and has yet to face trial, criminal grand jury indictments usually prompt disciplinary proceedings and interim suspensions.

Paul Kamenar of the National Legal and Policy Center, a government ethics watchdog, has called for the disbarment of both Clinesmith and Sussmann. He noted that the D.C. Court of Appeals must automatically disbar an attorney who commits a crime of moral turpitude, which includes crimes involving the “administration of justice.”

“Clinesmith pled guilty to a felony. The only appropriate sanction for committing a serious felony that also interfered with the proper administration of justice and constituted misrepresentation, fraud and moral turpitude, is disbarment,” he said. “Anything less would minimize the seriousness of the misconduct” and fail to deter other offenders.

Disciplinary Counsel Fox appears to go tougher on Republican bar members. For example, he recently opened a formal investigation of former Trump attorney Rudy Giuliani, who records show Fox put under “temporary disciplinary suspension” pending the outcome of the ethics probe, which is separate from the one being conducted by the New York bar. In July, the New York Bar also suspended the former GOP mayor on an interim basis.

Giuliani has not been convicted of a crime or even charged with one. (RealClearInvestigations, 12/16/2021)  (Archive)

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