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#1 Justice IG’s Report Reveals 4 Spurious Allegations as Basis for FBI Spying on Trump Campaign Aide 

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Thu, 01 Dec 22 5:37 PM | 62 view(s)
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KEY TAKEAWAYS
Horowitz’s report exposes 17 flagrant errors, omissions, and misstatements in the four FISA applications related to Page, any one of which is inexcusable.

The fact that the Foreign Intelligence Surveillance Act was apparently misused to target a presidential campaign is shocking.

It seems reasonable to conclude that this unprecedented FBI intelligence operation against a presidential campaign should never have been opened in the first place.

shocking report by the Justice Department’s inspector general lays bare the FBI’s “serious performance failures” in conducting a counterintelligence operation in 2016 against the Trump campaign.

Inspector General Michael Horowitz’s 434-page report details numerous mistakes, errors, and omissions by FBI personnel in four applications for special warrants to spy on Trump campaign aide Carter Page under the Foreign Intelligence Surveillance Act.

Horowitz released his long-awaited report Monday on the FBI’s four applications for the FISA warrants to conduct electronic eavesdropping on Page as part of the bureau’s investigation into potential collusion between the Russian government and members of the Trump campaign.

Horowitz’s report says he did not find any “documentary or testimonial evidence” that political bias influenced the FBI’s decision to seek authority to surveil Page in Operation Crossfire Hurricane, the code name the FBI gave to the investigation.

The Foreign Intelligence Surveillance Court considers applications by the U.S. government for approval of electronic surveillance, physical search, and other forms of investigative actions for foreign intelligence purposes. The court’s proceedings are secret, and the federal judges that sit on the court are appointed by the chief justice of the Supreme Court.

Because the Foreign Intelligence Surveillance Act is such a powerful tool and given the potential for abuse, FBI policy mandates that case agents ensure that all factual statements in an application for a FISA warrant be “scrupulously accurate”—an understandably high bar.

Yet Horowitz’s report exposes 17 flagrant errors, omissions, and misstatements in the four FISA applications related to Page, any one of which is inexcusable.

In fact, those mistakes, errors, and omissions were so serious that we have serious doubts as to whether any of the four FISA court judges would have approved any of the warrant applications in the first place, had they been provided the full and complete information in the hands of the FBI.

Flashback to Russia’s Meddling in 2016 Campaign

Before getting into the devastating findings of the IG report, it is important to step back and think about what was happening in 2016.

According to special counsel Robert Mueller’s report, the Russian government “interfered in the 2016 presidential election in sweeping and systemic fashion.” By mid-2016, the Russian operations began to surface.

That June, the Democratic National Committee announced that Russian hackers had compromised the party’s computer network. Releases of hacked materials via WikiLeaks began that same month. WikiLeaks released additional materials in July, October, and November.

In July 2016, an official with a foreign government, reported to be Alexander Downer, the Australian high commissioner to the United Kingdom at the time, contacted the FBI about a conversation he had at a bar two months beforehand with Trump campaign adviser George Papadopoulos.

Downer claimed that Papadopoulos “suggested” that the Trump campaign had received “some kind of suggestions” from the Russian government that it could assist the Trump campaign by releasing damaging information against rival Hillary Clinton. Pretty vague stuff.

So in 2016, our government and our FBI knew that Russia was trying to interfere with our presidential election, and that, quite possibly, the Russians were in contact with a member of the Trump campaign. Rather than providing a defensive briefing to high-level members of the Trump campaign about this innuendo of an innuendo, the FBI opted to initiate a full-blown investigation of members of the campaign whom it thought might be implicated, including Page, who has said he never met Donald Trump.

Embarking down the path of investigating the campaign of a major party’s candidate for president is, of course, a momentous and potentially perilous undertaking. If there were ever a time for the FBI director, and senior members of his inner circle, to take personal ownership of a case and abide by and exceed the “scrupulously accurate” standard for FISA applications, that was the time.

But that didn’t happen. In fact, the opposite happened, as Horowitz makes clear in his report. This was a monumental failure by then-FBI Director James Comey and his subordinates.

The 4 Disputed ‘Facts’ in the Steele ‘Dossier’ Targeting Trump

At the center of the four FISA applications targeting Page was opposition research work done by Christopher Steele—a former British intelligence officer who had previously provided information to the FBI—at the behest of Fusion GPS, a research and intelligence company that was acting on behalf of the Clinton campaign.

The so-called Steele dossier was actually a series of reports provided directly to the FBI by Steele beginning in September 2016. After the FBI officially terminated Steele as an approved “confidential source,” the reports were provided through Bruce Ohr, a high-ranking Justice Department official, whose wife worked for Fusion GPS. Ohr continued to meet with Steele and pass along information from him to the FBI, in violation of departmental policy.

The information that Steele provided clearly implicated the Trump campaign in illegal activity with the Russians to interfere in the 2016 election. But was it accurate? According to the inspector general, the Steele dossier played a “central and essential role in the FBI’s and [Justice] Department’s decision to seek the FISA order.” And it’s easy to see how.

Although the FBI considered filing an application after receiving the information from Downer in July, FBI attorneys declined to do so because they did not believe that the requisite “probable cause” existed to justify issuing a FISA warrant. According to FBI officials, the information they received from Steele in September “pushed [the FISA proposal] over the line,” and they applied for the warrant.

Critical to the application was the explosive allegation that Page was coordinating with the Russian government on 2016 presidential election activities, and was, therefore, acting as a foreign agent. For this, the FBI “relied entirely” on four “facts” that Steele had reported:

1. The Russians had been compiling information about Hillary Clinton for years and had been feeding that information to the Trump campaign for an extended period of time.




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