Republican Candidates For President 2016

The Pronk Pops Show 1079, May 17, 2018, Story 1: Investigate, Indict, Arrest, and Prosecute The Clinton Obama Democratic Criminal Conspirators To Subvert Trump Presidency: Clinton, Obama, Jarrett, Rice, Rhodes, Power, Clapper, Brennan, Lynch, Yates, Carlin, Comey, McCabe, Preistap, Strzok, Page and Accomplices — Betrayed Their Oath of Office To Preserve, Protect and Defend The United States Constitution, The American People and Election Process — Videos — Story 2: Secret Surveillance Spying Security State (S5) Abolishes Fourth Amendment With  National Security Agency and National Security Letters — Congress Does Nothing Fearing Secret Surveillance Spying Security State Disclosures By United States Intelligence Community (IC) — Videos — Story 3: President Trump Attacks MS-13 As Animals — Lying Lunatic Leftist Losers Defend MS -13 — All Humans Are Animals — MS-16 Members Are Violent Thugs — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 1079, May 17, 2018

Pronk Pops Show 1078, May 16, 2018

Pronk Pops Show 1077, May 15, 2018

Pronk Pops Show 1076, May 14, 2018

Pronk Pops Show 1075, May 10, 2018

Pronk Pops Show 1073, May 8, 2018

Pronk Pops Show 1072, May 7, 2018

Pronk Pops Show 1071, May 4, 2018

Pronk Pops Show 1070, May 3, 2018

Pronk Pops Show 1069, May 2, 2018

Pronk Pops Show 1068, April 26, 2018

Pronk Pops Show 1067, April 25, 2018

Pronk Pops Show 1066, April 24, 2018

Pronk Pops Show 1065, April 23, 2018

Pronk Pops Show 1064, April 19, 2018

Pronk Pops Show 1063, April 18, 2018

Pronk Pops Show 1062, April 17, 2018

Pronk Pops Show 1061, April 16, 2018

Pronk Pops Show 1060, April 12, 2018

Pronk Pops Show 1059, April 11, 2018

Pronk Pops Show 1058, April 10, 2018

Pronk Pops Show 1057, April 9, 2018

Pronk Pops Show 1056, April 4, 2018

Pronk Pops Show 1055, April 2, 2018

Pronk Pops Show 1054, March 29, 2018

Pronk Pops Show 1053, March 28, 2018

Pronk Pops Show 1052, March 27, 2018

Pronk Pops Show 1051, March 26, 2018

Pronk Pops Show 1050, March 23, 2018

Pronk Pops Show 1049, March 22, 2018

Pronk Pops Show 1048, March 21, 2018

Pronk Pops Show 1047, March 20, 2018

Pronk Pops Show 1046, March 19, 2018

Pronk Pops Show 1045, March 8, 2018

Pronk Pops Show 1044, March 7, 2018

Pronk Pops Show 1043, March 6, 2018

Pronk Pops Show 1042, March 1, 2018

Pronk Pops Show 1041, February 28, 2018

Pronk Pops Show 1040, February 27, 2018

Pronk Pops Show 1039, February 26, 2018

Pronk Pops Show 1038, February 23, 2018

Pronk Pops Show 1037, February 22, 2018

Pronk Pops Show 1036, February 21, 2018

Pronk Pops Show 1035, February 16, 2018

Pronk Pops Show 1034, February 15, 2018  

Pronk Pops Show 1033, February 14, 2018  

Pronk Pops Show 1032, February 13, 2018

Pronk Pops Show 1031, February 12, 2018

Pronk Pops Show 1030, February 9, 2018

Pronk Pops Show 1028, February 7, 2018

Pronk Pops Show 1027, February 2, 2018

Pronk Pops Show 1026, February 1, 2018

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Story 1: Investigate, Indict, Arrest, and Prosecute The Clinton Obama Democratic Criminal Conspirators To Subvert Trump Presidency: Clinton, Obama, Jarrett, Rice, Rhodes, Power, Clapper, Brennan, Holder, Lynch, Yates, Comey, McCabe, Strzok, Page and Accomplices — Betrayed Their Oath of Office To Preserve, Protect and Defend The United States Constitution, The American People and Election Process — Videos —

CIA Director Brennan set up Trump

FBI and DOJ in turmoil over handling of Clinton emails

Did John Brennan lie about the Trump-Russia dossier?

Brennan’s own people contradict his “galactically stupid” statements about the dossier

DiGenova: John Brennan should get a good lawyer

John Brennan: ‘A Lot The Public Doesn’t Know’ About Trump Tower Meeting | MTP Daily | MSNBC

Tucker Carlson & Kim Strassel Destroy Lies & Spies Of The Deep Dark State

Joe DiGenova – John Brennan Headed to Grand Jury, 2229

CONFIRMED!! Rosenstein is a SELL OUT, He’s UNDER a HUGE HEAT

FBI and DOJ in turmoil over handling of Clinton emails

DOJ watchdog completes draft report on Clinton probe

Corey Lewandowski on allegations Obama FBI spied on Trump campaign

Drive-By Media At DEFCON 1 Hysteria

DiGenova on Obama’s FBI Placing a Spy Inside Trump Campaign

Rush Limbaugh Podcast Thursday – May 17, 2018

NYT: Russia probe code name inspired by Rolling Stones song

The New York Times reports that FBI agents started an investigation into Russian election interference and President Donald Trump’s 2016 campaign called “Crossfire Hurricane” just 100 days before Election Day.

NYT: How FBI’s Russia probe began

FBI Kept 2016 Investigation Into President Donald Trump Campaign Secret | Morning Joe | MSNBC

Roger Stone Exposes The FBI Mole Inside Trump Campaign

More Details Emerge On Deep State Mole Secretly Spying on President Trump Campaign

BREAKING: New York Times CONFIRMS FBI Conducted SPY OPERATION On President Trump! SPREAD THIS!

Former acting CIA director on Russia hacking report, Trump’s reaction

BREAKING: EX-OBAMA CIA DIR. JUST WENT ROGUE, SAYS THE 1 THING OBAMA DIDN’T WANT YOU TO KNOW

#Trump Will Strike Down With Great Vengeance and Furious Anger Those Who Seek to Poison Our Republic

Why Mueller’s Witch Hunt Is Illegal, Unconstitutional and Crosses the Line

 

Trump: Report that Obama FBI spied on campaign could be ‘bigger than Watergate’

President Trump on Thursday touted a report saying the FBI under former President Obama spied on the Trump campaign during the 2016 presidential race, saying that the revelation could be “bigger than Watergate.”

“Wow, word seems to be coming out that the Obama FBI ‘SPIED ON THE TRUMP CAMPAIGN WITH AN IMBEDDED INFORMANT,'” the president tweeted in reference to a National Review report published last week.

“Andrew McCarthy says, ‘There’s probably no doubt that they had at least one confidential informant in the campaign.’ If so, this is bigger than Watergate!”

The report alleges that Obama-led agencies used their surveillance powers to monitor the Trump campaign.

This is not the first time that the Obama administration has been accused of spying on the Trump campaign.

Last year, Trump accused the former president of wiretapping Trump Tower shortly before the 2016 election.

“Terrible! Just found out that Obama had my ‘wires tapped,’ in Trump Tower just before victory. Nothing found. This is McCarthyism!” the president tweeted in March 2017.

Former White House press secretary Sean Spicer later walked back the president’s claim, saying he did not mean that Obama literally wiretapped Trump Tower.

“The president used the word ‘wiretap’ in quotes to mean broadly surveillance and other activities during that,” Spicer said. “There is no question that the Obama administration, that there were actions about surveillance and other activities that occurred in the 2016 elections.”

http://thehill.com/homenews/administration/388101-trump-report-that-obama-fbi-spied-on-campaign-could-be-bigger-than

10 Key Takeaways From The New York Times’ Error-Ridden Defense Of FBI Spying On Trump Campaign

It’s reasonable to assume that much of the new information in the New York Times report relates to leakers’ fears about information that will be coming out in the inspector general report.
Mollie Hemingway

By 

The New York Times published an article yesterday confirming the United States’ intelligence apparatus was used to spy on Donald Trump’s presidential campaign in 2016.

Here are a few quick takeaways.

1. FBI Officials Admit They Spied On Trump Campaign

The New York Times‘ story, headlined “Code Name Crossfire Hurricane: The Secret Origins of the Trump Investigation,” is a dry and gentle account of the FBI’s launch of extensive surveillance of affiliates of the Trump campaign. Whereas FBI officials and media enablers had previously downplayed claims that the Trump campaign had been surveiled, in this story we learn that it was more widespread than previously acknowledged:

The F.B.I. investigated four unidentified Trump campaign aides in those early months, congressional investigators revealed in February. The four men were Michael T. Flynn, Paul Manafort, Carter Page and Mr. Papadopoulos, current and former officials said…

The F.B.I. obtained phone records and other documents using national security letters — a secret type of subpoena — officials said. And at least one government informant met several times with Mr. Page and Mr. Papadopoulos, current and former officials said.

This is a stunning admission for those Americans worried that federal law enforcement and intelligence agencies might use their powers to surveil, leak against, and target Americans simply for their political views or affiliations. As Sean Davis wrote, “The most amazing aspect about this article is how blasé it is about the fact that the Obama admin was actively spying on four affiliates of a rival political campaign weeks before an election.”

The story says the FBI was worried that if it came out they were spying on Trump campaign it would “only reinforce his claims that the election was being rigged against him.” It is easy to understand how learning that the FBI was spying on one’s presidential campaign might reinforce claims of election-rigging.

2. Terrified About Looming Inspector General Report

People leak for a variety of reasons, including to inoculate themselves as much as they can. For example, only when the secret funders of Fusion GPS’s Russia-Trump-collusion dossier were about to be revealed was their identity leaked to friendly reporters in the Washington Post. In October of 2017 it was finally reported that the Clinton campaign and Democratic National Committee secretly paid for the Russia dossier, hiding the arrangement by funneling the money through a law firm.

The friendly reporters at the Washington Postwrote the story gently, full of reassuring quotes to downplay its significance. The information only came about because House Permanent Select Committee on Intelligence Chairman Devin Nunes subpoenaed the bank records of Fusion GPS, over the objections of Democrats on the committee. Even in this Times story, Clinton’s secret funding was not mentioned.

Likewise, the admissions in this New York Times story are coming out now, years after selective leaks to compliant reporters, just before an inspector general report detailing some of these actions is slated to be released this month. In fact, the Wall Street Journalreported that people mentioned in the report are beginning to get previews of what it alleges. It’s reasonable to assume that much of the new information in the New York Times report relates to information that will be coming out in the inspector general report.

By working with friendly reporters, these leaking FBI officials can ensure the first story about their unprecedented spying on political opponents will downplay that spying and even attempt to justify it. Of note is the story’s claim that very few people even knew about the spying on the Trump campaign in 2016, which means the leakers for this story come from a relatively small pool of people.

3. Still No Evidence of Collusion With Russia

In paragraph 69 of the lengthy story, The New York Times takes itself to task for burying the lede in its October 31, 2016, story about the FBI not finding any proof of involvement with Russian election meddling.

The key fact of the article — that the F.B.I. had opened a broad investigation into possible links between the Russian government and the Trump campaign — was published in the 10th paragraph.

It is somewhat funny, then, to read what The New York Times buries in paragraph 70 of the story:

A year and a half later, no public evidence has surfaced connecting Mr. Trump’s advisers to the hacking or linking Mr. Trump himself to the Russian government’s disruptive efforts.

No evidence of collusion after two years of investigation with unlimited resources? You don’t say! What could that mean?

4. Four Trump Affiliates Spied On

Thanks to the work of the House Permanent Select Committee on Intelligence and the Senate Judiciary Committee, Americans already learned that the FBI had secured a wiretap on Carter Page, a former Trump campaign official. That wiretap, which was renewed three times, was already controversial because it was secured in part through using the secretly funded opposition research document created by the Hillary Clinton campaign and Democratic National Committee. The secret court that grants the wiretap was not told about Hillary Clinton or the DNC when the government applied for the wiretap or its renewals.

Now we learn that it wasn’t just Page, but that the government was going after four campaign affiliates including the former campaign manager, the top foreign policy advisor, and a low-level advisor whose drunken claim supposedly launched the investigation into the campaign. The bureau says Trump’s top foreign policy advisor and future national security advisor — a published critic of Russia — was surveiled because he spoke at an event in Russia sponsored by Russia Today, a government-sponsored media outlet.

5. Wiretaps, National Security Letters, and At Least One Spy

The surveillance didn’t just include wiretaps, but also national security letters and at least one government informant to spy on the campaign.:

The F.B.I. obtained phone records and other documents using national security letters — a secret type of subpoena — officials said. And at least one government informant met several times with Mr. Page and Mr. Papadopoulos, current and former officials said. That has become a politically contentious point, with Mr. Trump’s allies questioning whether the F.B.I. was spying on the Trump campaign or trying to entrap campaign officials.

This paragraph is noteworthy for the way it describes spying on the campaign — “at least one government informant met several times with Mr. Page and Mr. Papadopoulos” — before suggesting that might not be spying. The definition of spying is to secretly collect information, so it’s not really in dispute whether a government informant fits the bill.

Despite two years of investigation and surveillance, none of these men have been charged with anything even approaching treasonous collusion with Russia to steal a U.S. election.

6. More Leaks About a Top-Secret Government Informant

The House Permanent Select Committee on Intelligence recently subpoenaed information from the FBI and Department of Justice. They did not publicly reveal what information they sought, but the Department of Justice responded by claiming that they were being extorted by congressional oversight. Then they leaked that they couldn’t share the information because it would jeopardize the life of a government informant. They also waged a public relations battle against HPSCI Chairman Nunes and committee staff.

But far from holding the information close to the vest, the government has repeatedly leaked information about this informant, and even that it was information about an informant that was being sought by Congress. From leaks of personally identifying information to the Washington Post, we’ve learned that this source works with the FBI and CIA, and is a U.S. citizen.

In The New York Times, additional information about a government informant leaked, including that the source met with Papadopoulos and Page to collect information. The information on an alleged source in the Trump campaign is so sensitive they can’t give it to Congress, but they can leak it to friendly press outlets like the Post and Times. It’s an odd posture for the Justice Department to take.

It is unknown at this point whether the informants were specifically sent by a U.S. agency or global partner, or whether the sources voluntarily provided information to the U.S. government.

7. Ignorance of Basic Facts

One thing that is surprising about the story is how many errors it contains. The problems begin in the second sentence, which claims Peter Strzok and another FBI agent were sent to London. The New York Times reports that “[t]heir assignment, which has not been previously reported, was to meet the Australian ambassador, who had evidence that one of Donald J. Trump’s advisers knew in advance about Russian election meddling.”

Of course, it was previously reported that Strzok had a meeting with the Australian ambassador. He describes the embassy where the meeting took place as the longest continually staffed embassy in London. The ambassador was previously reported to have had some information about a Trump advisor saying he’d heard that Russia had Clinton’s emails.

Another New York Times error was the claim, repeated twice, that Page ‘had previously been recruited by Russian spies.’

It’s also inaccurate to say this was “election meddling,” necessarily. Clinton had deleted 30,000 emails that were housed on her private server even though she was being investigated for mishandling classified information. This could be viewed as destruction of evidence. She claimed the emails had to do with yoga.

FBI Director James Comey specifically downplayed for the public the bureau’s belief that foreign countries had access to these emails. There is no evidence that Russia or any other country had these emails, and they were not released during the campaign. To describe this legitimate national security threat as “election meddling” is insufficient to the very problem for which Clinton was being investigated.

The story claims, “News organizations did not publish Mr. Steele’s reports or reveal the F.B.I.’s interest in them until after Election Day.” That’s demonstrably untrue. Here’s an October 31, 2016, story headlined “A Veteran Spy Has Given the FBI Information Alleging a Russian Operation to Cultivate Donald Trump.” It is sourced entirely to Steele. In September, Yahoo News’ Michael Isikoff took a meeting with Steele then published “U.S. intel officials probe ties between Trump adviser and Kremlin” on September 23, 2016. That story was even used in the Foreign Intelligence Service Act application against Page.

The New York Times writes, “Crossfire Hurricane began exactly 100 days before the presidential election, but if agents were eager to investigate Mr. Trump’s campaign, as the president has suggested, the messages do not reveal it. ‘I cannot believe we are seriously looking at these allegations and the pervasive connections,’ Mr. Strzok wrote soon after returning from London.”

There are multiple problems with this claim. For one, Strzok wrote that text in all caps with obvious eagerness. As the Wall Street Journal noted months ago, “Mr. Strzok emphasized the seriousness with which he viewed the allegations in a message to Ms. Page on Aug. 11, just a few days before the ‘insurance’ text. ‘OMG I CANNOT BELIEVE WE ARE SERIOUSLY LOOKING AT THESE ALLEGATIONS AND THE PERVASIVE CONNECTIONS,’ he texted.”

For another, Strzok repeatedly talked about how important and time-sensitive he felt the investigation was. As Andrew McCarthy highlighted in his deep look at some of these texts, as Strzok prepared for his morning flight to London, he compared the investigations of Clinton and Trump by writing, “And damn this feels momentous. Because this matters. The other one did, too, but that was to ensure that we didn’t F something up. This matters because this MATTERS.”

Another New York Times error was the claim, repeated twice, that Page “had previously been recruited by Russian spies.” In fact, while Russian agents had tried to recruit him, they failed to do so, and Page spoke at length with the FBI about the attempt before the agents were arrested or kicked out of the country.

The New York Times falsely reported that “Mr. Comey met with Mr. Trump privately, revealing the Steele reports and warning that journalists had obtained them.” Comey has told multiple journalists that he specifically did not brief Trump on the Steele reports. He didn’t tell Trump there were reports, or who funded them. He didn’t tell him about the claims in the reports that the campaign was compromised. He only told him that there was a rumor Trump had paid prostitutes to urinate on a Moscow hotel bed that the Obamas had once slept in.

The story also repeats long-debunked claims about the Republican platform and Ukraine.

8. Insurance: How Does It Work?

The story reminds readers that Strzok once texted Page “I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected, but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.” The article says Trump thought this “insurance policy” referred to a plan to respond to the unlikely event of a Trump victory. It goes on:

But officials have told the inspector general something quite different. They said Ms. Page and others advocated a slower, circumspect pace, especially because polls predicted Mr. Trump’s defeat. They said that anything the F.B.I. did publicly would only give fodder to Mr. Trump’s claims on the campaign trail that the election was rigged.

Mr. Strzok countered that even if Mr. Trump’s chances of victory were low — like dying before 40 — the stakes were too high to justify inaction.

It’s worth asking whether reporters understand how insurance works. As reader Matt noted, “The fundament intent of Insurance is ‘Indemnification.’ Restoring back to original condition prior to loss. Trump was the peril, MSM the adjuster & his impeachment, the policy limits.”

The article’s repeated claims that the FBI didn’t think Trump would win do not counter the notion that an “insurance policy” investigation was in the extremely rare case he might win. People don’t insure their property against fire damage because they expect it to happen so much as they can’t afford to fix things if it does happen.

9. Eavesdropping, Not Spying, And Other Friendly Claims

The story could not be friendlier to the FBI sources who are admitting what they did against the Trump campaign. A few examples:

“[P]rosecutors obtained court approval to eavesdrop on Mr. Page,” The New York Timeswrites, making the wiretapped spying on an American citizen sound almost downright pleasant. When Comey briefs Trump only on the rumor about the prostitutes and urination, we’re told “he feared making this conversation a ‘J. Edgar Hoover-type situation,’ with the F.B.I. presenting embarrassing information to lord over a president-elect.” Reporters don’t ask, much less answer, why someone fearing a J. Edgar Hoover-type situation would go out of his way to create an extreme caricature of a J. Edgar Hoover situation.

The story also claimed, “they kept details from political appointees across the street at the Justice Department,” before using controversial political appointee Sally Yates to claim that there was nothing worrisome. In fact, the subtext of the entire story is that the FBI showed good judgment in its handling of the spying in 2016. Unfortunately, the on-the-record source used to substantiate this claim is Yates.

Yates, who was in the news for claiming with a straight face that she thought Flynn had committed a Logan Act violation, is quoted as saying, “Folks are very, very careful and serious about that [FISA] process. I don’t know of anything that gives me any concerns.” If Yates, who had to be fired for refusing to do her job under Trump, tells you things are on the up and up, apparently you can take it to the bank.

10. Affirms Fears of Politicized Intelligence

This New York Times story may have been designed to inoculate the FBI against revelations coming out of the inspector general report, but the net result was to affirm the fears of many Americans who are worried that the U.S. government’s law enforcement and intelligence agencies abused their powers to surveil and target Americans simply for their political views and affiliations. The gathered information has been leaked to media for years, leading to damaged reputations, and the launch of limitless probes, but not any reason to believe that Trump colluded with Russia to steal an election.

Mollie Ziegler Hemingway is a senior editor at The Federalist. Follow her on Twitter at @mzhemingway

Code Name Crossfire Hurricane: The Secret Origins of the Trump Investigation

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Days after the F.B.I. closed its investigation into Hillary Clinton in 2016, agents began scrutinizing the presidential campaign of her Republican rival, Donald J. Trump.CreditAl Drago for The New York Times

WASHINGTON — Within hours of opening an investigation into the Trump campaign’s ties to Russia in the summer of 2016, the F.B.I. dispatched a pair of agents to London on a mission so secretive that all but a handful of officials were kept in the dark.

Their assignment, which has not been previously reported, was to meet the Australian ambassador, who had evidence that one of Donald J. Trump’s advisers knew in advance about Russian election meddling. After tense deliberations between Washington and Canberra, top Australian officials broke with diplomatic protocol and allowed the ambassador, Alexander Downer, to sit for an F.B.I. interview to describe his meeting with the campaign adviser, George Papadopoulos.

The agents summarized their highly unusual interview and sent word to Washington on Aug. 2, 2016, two days after the investigation was opened. Their report helped provide the foundation for a case that, a year ago Thursday, became the special counsel investigation. But at the time, a small group of F.B.I. officials knew it by its code name: Crossfire Hurricane.

The name, a reference to the Rolling Stones lyric “I was born in a crossfire hurricane,” was an apt prediction of a political storm that continues to tear shingles off the bureau. Days after they closed their investigation into Hillary Clinton’s use of a private email server, agents began scrutinizing the campaign of her Republican rival. The two cases have become inextricably linked in one of the most consequential periods in the history of the F.B.I.

 

[Read our briefing on secret government code names]

This month, the Justice Department inspector general is expected to release the findings of its lengthy review of the F.B.I.’s conduct in the Clinton case. The results are certain to renew debate over decisions by the F.B.I. director at the time, James B. Comey, to publicly chastise Mrs. Clinton in a news conference, and then announce the reopening of the investigation days before Election Day. Mrs. Clinton has said those actions buried her presidential hopes.

Those decisions stand in contrast to the F.B.I.’s handling of Crossfire Hurricane. Not only did agents in that case fall back to their typical policy of silence, but interviews with a dozen current and former government officials and a review of documents show that the F.B.I. was even more circumspect in that case than has been previously known. Many of the officials spoke on condition of anonymity because they were not authorized to discuss the investigation publicly.

Agents considered, then rejected, interviewing key Trump associates, which might have sped up the investigation but risked revealing the existence of the case. Top officials quickly became convinced that they would not solve the case before Election Day, which made them only more hesitant to act. When agents did take bold investigative steps, like interviewing the ambassador, they were shrouded in secrecy.

Fearful of leaks, they kept details from political appointees across the street at the Justice Department. Peter Strzok, a senior F.B.I. agent, explained in a text that Justice Department officials would find it too “tasty” to resist sharing. “I’m not worried about our side,” he wrote.

Only about five Justice Department officials knew the full scope of the case, officials said, not the dozen or more who might normally be briefed on a major national security case.

The facts, had they surfaced, might have devastated the Trump campaign: Mr. Trump’s future national security adviser was under investigation, as was his campaign chairman. One adviser appeared to have Russian intelligence contacts. Another was suspected of being a Russian agent himself.

In the Clinton case, Mr. Comey has said he erred on the side of transparency. But in the face of questions from Congress about the Trump campaign, the F.B.I. declined to tip its hand. And when The New York Times tried to assess the state of the investigation in October 2016, law enforcement officials cautioned against drawing any conclusions, resulting in a story that significantly played down the case.

Mr. Comey has said it is unfair to compare the Clinton case, which was winding down in the summer of 2016, with the Russia case, which was in its earliest stages. He said he did not make political considerations about who would benefit from each decision.

But underpinning both cases was one political calculation: that Mrs. Clinton would win and Mr. Trump would lose. Agents feared being seen as withholding information or going too easy on her. And they worried that any overt actions against Mr. Trump’s campaign would only reinforce his claims that the election was being rigged against him.

The F.B.I. now faces those very criticisms and more. Mr. Trump says he is the victim of a politicized F.B.I. He says senior agents tried to rig the election by declining to prosecute Mrs. Clinton, then drummed up the Russia investigation to undermine his presidency. He has declared that a deeply rooted cabal — including his own appointees — is working against him.

That argument is the heart of Mr. Trump’s grievances with the federal investigation. In the face of bipartisan support for the special counsel, Robert S. Mueller III, Mr. Trump and his allies have made a priority of questioning how the investigation was conducted in late 2016 and trying to discredit it.

“It’s a witch hunt,” Mr. Trump said last month on Fox News. “And they know that, and I’ve been able to message it.”

Congressional Republicans, led by Representative Devin Nunes of California, have begun to dig into F.B.I. files, looking for evidence that could undermine the investigation. Much remains unknown and classified. But those who saw the investigation up close, and many of those who have reviewed case files in the past year, say that far from gunning for Mr. Trump, the F.B.I. could actually have done more in the final months of 2016 to scrutinize his campaign’s Russia ties.

“I never saw anything that resembled a witch hunt or suggested that the bureau’s approach to the investigation was politically driven,” said Mary McCord, a 20-year Justice Department veteran and the top national security prosecutor during much of the investigation’s first nine months.

Crossfire Hurricane spawned a case that has brought charges against former Trump campaign officials and more than a dozen Russians. But in the final months of 2016, agents faced great uncertainty — about the facts, and how to respond.

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A Trump campaign rally in August 2016 in Texas. Crossfire Hurricane began exactly 100 days before the presidential election.CreditDamon Winter/The New York Times

Anxiety at the Bureau

Crossfire Hurricane began exactly 100 days before the presidential election, but if agents were eager to investigate Mr. Trump’s campaign, as the president has suggested, the messages do not reveal it. “I cannot believe we are seriously looking at these allegations and the pervasive connections,” Mr. Strzok wrote soon after returning from London.

The mood in early meetings was anxious, former officials recalled. Agents had just closed the Clinton investigation, and they braced for months of Republican-led hearings over why she was not charged. Crossfire Hurricane was built around the same core of agents and analysts who had investigated Mrs. Clinton. None was eager to re-enter presidential politics, former officials said, especially when agents did not know what would come of the Australian information.

The question they confronted still persists: Was anyone in the Trump campaign tied to Russian efforts to undermine the election?

The F.B.I. investigated four unidentified Trump campaign aides in those early months, congressional investigators revealed in February. The four men were Michael T. Flynn, Paul Manafort, Carter Page and Mr. Papadopoulos, current and former officials said. Each was scrutinized because of his obvious or suspected Russian ties.

 

[Here are the key themes, dates and characters in the Russia investigation]

Mr. Flynn, a top adviser, was paid $45,000 by the Russian government’s media arm for a 2015 speech and dined at the arm of the Russian president, Vladimir V. Putin. Mr. Manafort, the campaign chairman, had lobbied for pro-Russia interests in Ukraine and worked with an associate who has been identified as having connections to Russian intelligence.

Mr. Page, a foreign policy adviser, was well known to the F.B.I. He had previously been recruited by Russian spies and was suspected of meeting one in Moscow during the campaign.

Lastly, there was Mr. Papadopoulos, the young and inexperienced campaign aide whose wine-fueled conversation with the Australian ambassador set off the investigation. Before hacked Democratic emails appeared online, he had seemed to know that Russia had political dirt on Mrs. Clinton. But even if the F.B.I. had wanted to read his emails or intercept his calls, that evidence was not enough to allow it. Many months passed, former officials said, before the F.B.I. uncovered emails linking Mr. Papadopoulos to a Russian intelligence operation.

Mr. Trump was not under investigation, but his actions perplexed the agents. Days after the stolen Democratic emails became public, he called on Russia to uncover more. Then news broke that Mr. Trump’s campaign had pushed to change the Republican platform’s stance on Ukraine in ways favorable to Russia.

The F.B.I.’s thinking crystallized by mid-August, after the C.I.A. director at the time, John O. Brennan, shared intelligence with Mr. Comey showing that the Russian government was behind an attack on the 2016 presidential election. Intelligence agencies began collaborating to investigate that operation. The Crossfire Hurricane team was part of that group but largely operated independently, three officials said.

Senator Marco Rubio, Republican of Florida, said that after studying the investigation as a member of the Senate Intelligence Committee, he saw no evidence of political motivation in the opening of the investigation.

“There was a growing body of evidence that a foreign government was attempting to interfere in both the process and the debate surrounding our elections, and their job is to investigate counterintelligence,” he said in an interview. “That’s what they did.”

Andrew G. McCabe in December in Washington. Mr. McCabe, the former deputy F.B.I. director, was cited by internal investigators for dishonesty, giving ammunition for Mr. Trump’s claims that the F.B.I. cannot be trusted.CreditChip Somodevilla/Getty Images

Abounding Criticism

Looking back, some inside the F.B.I. and the Justice Department say that Mr. Comey should have seen the political storm coming and better sheltered the bureau. They question why he consolidated the Clinton and Trump investigations at headquarters, rather than in a field office. And they say he should not have relied on the same team for both cases. That put a bull’s-eye on the heart of the F.B.I. Any misstep in either investigation made both cases, and the entire bureau, vulnerable to criticism.

And there were missteps. Andrew G. McCabe, the former deputy F.B.I. director, was cited by internal investigators for dishonesty about his conversations with reporters about Mrs. Clinton. That gave ammunition for Mr. Trump’s claims that the F.B.I. cannot be trusted. And Mr. Strzok and Lisa Page, an F.B.I. lawyer, exchanged texts criticizing Mr. Trump, allowing the president to point to evidence of bias when they became public.

The messages were unsparing. They questioned Mr. Trump’s intelligence, believed he promoted intolerance and feared he would damage the bureau.

The inspector general’s upcoming report is expected to criticize those messages for giving the appearance of bias. It is not clear, however, whether inspectors found evidence supporting Mr. Trump’s assertion that agents tried to protect Mrs. Clinton, a claim the F.B.I. has adamantly denied.

Mr. Rubio, who has reviewed many of the texts and case files, said he saw no signs that the F.B.I. wanted to undermine Mr. Trump. “There might have been individual agents that had views that, in hindsight, have been problematic for those agents,” Mr. Rubio said. “But whether that was a systemic effort, I’ve seen no evidence of it.”

Mr. Trump’s daily Twitter posts, though, offer sound-bite-sized accusations — witch hunt, hoax, deep state, rigged system — that fan the flames of conspiracy. Capitol Hill allies reliably echo those comments.

“It’s like the deep state all got together to try to orchestrate a palace coup,” Representative Matt Gaetz, Republican of Florida, said in January on Fox Business Network.

The Kremlin in Moscow. Two weeks before Mr. Trump’s inauguration, senior American intelligence officials told him that Russia had tried to sow chaos in the election, undermine Mrs. Clinton and ultimately help Mr. Trump win.CreditMladen Antonov/Agence France-Presse — Getty Images

Cautious Intelligence Gathering

Counterintelligence investigations can take years, but if the Russian government had influence over the Trump campaign, the F.B.I. wanted to know quickly. One option was the most direct: interview the campaign officials about their Russian contacts.

That was discussed but not acted on, two former officials said, because interviewing witnesses or subpoenaing documents might thrust the investigation into public view, exactly what F.B.I. officials were trying to avoid during the heat of the presidential race.

“You do not take actions that will unnecessarily impact an election,” Sally Q. Yates, the former deputy attorney general, said in an interview. She would not discuss details, but added, “Folks were very careful to make sure that actions that were being taken in connection with that investigation did not become public.”

Mr. Comey was briefed regularly on the Russia investigation, but one official said those briefings focused mostly on hacking and election interference. The Crossfire Hurricane team did not present many crucial decisions for Mr. Comey to make.

Top officials became convinced that there was almost no chance they would answer the question of collusion before Election Day. And that made agents even more cautious.

The F.B.I. obtained phone records and other documents using national security letters — a secret type of subpoena — officials said. And at least one government informant met several times with Mr. Page and Mr. Papadopoulos, current and former officials said. That has become a politically contentious point, with Mr. Trump’s allies questioning whether the F.B.I. was spying on the Trump campaign or trying to entrap campaign officials.

Looking back, some at the Justice Department and the F.B.I. now believe that agents could have been more aggressive. They ultimately interviewed Mr. Papadopoulos in January 2017 and managed to keep it a secret, suggesting they could have done so much earlier.

“There is always a high degree of caution before taking overt steps in a counterintelligence investigation,” said Ms. McCord, who would not discuss details of the case. “And that could have worked to the president’s benefit here.”

Such tactical discussions are reflected in one of Mr. Strzok’s most controversial texts, sent on Aug. 15, 2016, after a meeting in Mr. McCabe’s office.

“I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected,” Mr. Strzok wrote, “but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.”

Mr. Trump says that message revealed a secret F.B.I. plan to respond to his election. “‘We’ll go to Phase 2 and we’ll get this guy out of office,’” he told The Wall Street Journal. “This is the F.B.I. we’re talking about — that is treason.”

But officials have told the inspector general something quite different. They said Ms. Page and others advocated a slower, circumspect pace, especially because polls predicted Mr. Trump’s defeat. They said that anything the F.B.I. did publicly would only give fodder to Mr. Trump’s claims on the campaign trail that the election was rigged.

Mr. Strzok countered that even if Mr. Trump’s chances of victory were low — like dying before 40 — the stakes were too high to justify inaction.

Mr. Strzok had similarly argued for a more aggressive path during the Clinton investigation, according to four current and former officials. He opposed the Justice Department’s decision to offer Mrs. Clinton’s lawyers immunity and negotiate access to her hard drives, the officials said. Mr. Strzok favored using search warrants or subpoenas instead.

In both cases, his argument lost.

As agents tried to corroborate information from the retired British spy Christopher Steele, reporters began calling the F.B.I., asking whether the accusations in his reports were accurate.CreditAl Drago for The New York Times

Policy and Tradition

The F.B.I. bureaucracy did agents no favors. In July, a retired British spy named Christopher Steele approached a friend in the F.B.I. overseas and provided reports linking Trump campaign officials to Russia. But the documents meandered around the F.B.I. organizational chart, former officials said. Only in mid-September, congressional investigators say, did the records reach the Crossfire Hurricane team.

Mr. Steele was gathering information about Mr. Trump as a private investigator for Fusion GPS, a firm paid by Democrats. But he was also considered highly credible, having helped agents unravel complicated cases.

In October, agents flew to Europe to interview him. But Mr. Steele had become frustrated by the F.B.I.’s slow response. He began sharing his findings in September and October with journalists at The New York Times, The Washington Post, The New Yorker and elsewhere, according to congressional testimony.

So as agents tried to corroborate Mr. Steele’s information, reporters began calling the bureau, asking about his findings. If the F.B.I. was working against Mr. Trump, as he asserts, this was an opportunity to push embarrassing information into the news media shortly before the election.

That did not happen. Most news organizations did not publish Mr. Steele’s reports or reveal the F.B.I.’s interest in them until after Election Day.

Congress was also increasingly asking questions. Mr. Brennan, the C.I.A. director, had briefed top lawmakers that summer about Russian election interference and intelligence that Moscow supported the Trump campaign — a finding that would not become public for months. Lawmakers clamored for information from Mr. Comey, who refused to answer public questions.

Many Democrats see rueful irony in this moment. Mr. Comey, after all, broke with policy and twice publicly discussed the Clinton investigation. Yet he refused repeated requests to discuss the Trump investigation.

Mr. Comey has said he regrets his decision to chastise Mrs. Clinton as “extremely careless,” even as he announced that she should not be charged. But he stands by his decision to alert Congress, days before the election, that the F.B.I. was reopening the Clinton inquiry.

The result, though, is that Mr. Comey broke with both policy and tradition in Mrs. Clinton’s case, but hewed closely to the rules for Mr. Trump. Representative Adam B. Schiff of California, the top Democrat on the House Intelligence Committee, said that alone proves Mr. Trump’s claims of unfairness to be “both deeply at odds with the facts, and damaging to our democracy.”

Carter Page in December 2016. He had previously been recruited by Russian spies and was suspected of meeting one in Moscow during the 2016 presidential campaign.CreditPavel Golovkin/Associated Press

Spying in Question

Crossfire Hurricane began with a focus on four campaign officials. But by mid-fall 2016, Mr. Page’s inquiry had progressed the furthest. Agents had known Mr. Page for years. Russian spies tried to recruit him in 2013, and he was dismissive when agents warned him about it, a half-dozen current and former officials said. That warning even made its way back to Russian intelligence, leaving agents suspecting that Mr. Page had reported their efforts to Moscow.

Relying on F.B.I. information and Mr. Steele’s, prosecutors obtained court approval to eavesdrop on Mr. Page, who was no longer with the Trump campaign.

That warrant has become deeply contentious and is crucial to Republican arguments that intelligence agencies improperly used Democratic research to help justify spying on the Trump campaign. The inspector general is reviewing that claim.

Ms. Yates, the deputy attorney general under President Barack Obama, signed the first warrant application. But subsequent filings were approved by members of Mr. Trump’s own administration: the acting attorney general, Dana J. Boente, and then Rod J. Rosenstein, the deputy attorney general.

“Folks are very, very careful and serious about that process,” Ms. Yates said. “I don’t know of anything that gives me any concerns.”

After months of investigation, Mr. Papadopoulos remained largely a puzzle. And agents were nearly ready to close their investigation of Mr. Flynn, according to three current and former officials. (Mr. Flynn rekindled the F.B.I.’s interest in November 2016 by signing an op-ed article that appeared to be written on behalf of the Turkish government, and then making phone calls to the Russian ambassador that December.)

In late October, in response to questions from The Times, law enforcement officials acknowledged the investigation but urged restraint. They said they had scrutinized some of Mr. Trump’s advisers but had found no proof of any involvement with Russian hacking. The resulting article, on Oct. 31, reflected that caution and said that agents had uncovered no “conclusive or direct link between Mr. Trump and the Russian government.”

The key fact of the article — that the F.B.I. had opened a broad investigation into possible links between the Russian government and the Trump campaign — was published in the 10th paragraph.

A year and a half later, no public evidence has surfaced connecting Mr. Trump’s advisers to the hacking or linking Mr. Trump himself to the Russian government’s disruptive efforts. But the article’s tone and headline — “Investigating Donald Trump, F.B.I. Sees No Clear Link to Russia” — gave an air of finality to an investigation that was just beginning.

Democrats say that article pre-emptively exonerated Mr. Trump, dousing chances to raise questions about the campaign’s Russian ties before Election Day.

Just as the F.B.I. has been criticized for its handling of the Trump investigation, so too has The Times.

For Mr. Steele, it dashed his confidence in American law enforcement. “He didn’t know what was happening inside the F.B.I.,” Glenn R. Simpson, the founder of Fusion GPS, testified this year. “And there was a concern that the F.B.I. was being manipulated for political ends by the Trump people.”

James B. Comey, the former F.B.I. director, in January 2017. He assured Mr. Trump, who at the time was the president-elect, that the bureau intended to protect him as Mr. Steele’s reports were about to be published by news outlets.CreditAl Drago/The New York Times

Assurances Amid Doubt

Two weeks before Mr. Trump’s inauguration, senior American intelligence officials briefed him at Trump Tower in Manhattan on Russian hacking and deception. They reported that Mr. Putin had tried to sow chaos in the election, undermine Mrs. Clinton and ultimately help Mr. Trump win.

Then Mr. Comey met with Mr. Trump privately, revealing the Steele reports and warning that journalists had obtained them. Mr. Comey has said he feared making this conversation a “J. Edgar Hoover-type situation,” with the F.B.I. presenting embarrassing information to lord over a president-elect.

In a contemporaneous memo, Mr. Comey wrote that he assured Mr. Trump that the F.B.I. intended to protect him on this point. “I said media like CNN had them and were looking for a news hook,” Mr. Comey wrote of Mr. Steele’s documents. “I said it was important that we not give them the excuse to write that the F.B.I. had the material.”

Mr. Trump was not convinced — either by the Russia briefing or by Mr. Comey’s assurances. He made up his mind before Mr. Comey even walked in the door. Hours earlier, Mr. Trump told The Times that stories about Russian election interference were being pushed by his adversaries to distract from his victory.

And he debuted what would quickly become a favorite phrase: “This is a political witch hunt.”

Correction: 

An earlier version of this article misstated that news organizations did not report on the findings of the retired British spy Christopher Steele about links between Trump campaign officials and Russia. While most news organizations whose reporters met with Mr. Steele did not publish such reports before the 2016 election, Mother Jones magazine did.

Reporting was contributed by Michael S. Schmidt, Sharon LaFraniere, Mark Mazzetti and Matthew Rosenberg.

Follow Adam Goldman and Nicholas Fandos on Twitter: @adamgoldmanNYT and @npfandos.

A version of this art

The Russia Investigation Is Complicated. Here’s What It All Means.

The special counsel is investigating events that span years and cross international borders.

Image
Robert S. Mueller III, the special counsel overseeing the Russia investigation.CreditDoug Mills/The New York Times

THE BASICS

  • Russia carried out a campaign to influence the outcome of the 2016 American presidential election, denigrating Hillary Clinton and boosting Donald J. Trump, according to American intelligence agencies. President Vladimir V. Putin of Russia personally ordered it.

  • The F.B.I., citing four Trump campaign aides’ ties to Russia, opened a counterintelligence investigation in the summer of 2016 to determine whether Trump associates aided Russia’s election interference.

  • Robert S. Mueller III, the former F.B.I. director, was appointed the special counsel in May 2017 to take over the investigation. The inquiry has expanded to examine whether President Trump tried to obstruct the investigation itself.

  • Nineteen people — including four Trump associates — and three companies have been indicted in the case. Five have pleaded guilty; 13 are Russians accused of meddling in the election. [See a breakdown of the charges here.]


THE MAJOR FOCUSES OF THE INVESTIGATION

Interference

Mr. Mueller is investigating Russia’s efforts to influence the presidential race and sow discord by spreading inflammatory messages on social media and stealing emails from Mrs. Clinton’s campaign chairman and the Democratic National Committee, which were then strategically released to undermine the Clinton campaign.

Coordination

Investigators are examining what Mr. Trump’s aides and associates knew about Russia’s meddling, particularly the release of thousands of stolen Democratic emails, and whether any of them aided Moscow’s effort.

Obstruction

Mr. Mueller is investigating an array of the president’s actions — including the firing of the former F.B.I. director, James B. Comey — to determine whether Mr. Trump sought to impede the investigation into Russia’s actions.

Foreign Influence

Mr. Mueller is investigating whether Trump associates ran afoul of American lobbying or anti-corruption laws. Two aides to the Trump campaign, including its onetime chairman, were charged with financial crimes related to their work as advisers to a pro-Russia former president of Ukraine.

https://www.nytimes.com/2018/05/16/us/politics/russia-investigation-guide.html

National security letter

From Wikipedia, the free encyclopedia
Green herb with a few tiny yellow-white flowers
Three small white and yellow flowers before green-leaf background
A National security letter issued to the Internet Archive demanding information about a user

A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes.[citation needed] NSLs do not require prior approval from a judge. The Stored Communications ActFair Credit Reporting Act, and Right to Financial Privacy Act authorize the United States government to seek such information that is “relevant” to authorized national security investigations. By law, NSLs can request only non-content information, for example, transactional records and phone numbers dialed, but never the content of telephone calls or e-mails.[1]

NSLs typically contain a nondisclosure requirement forbidding the recipient of an NSL from disclosing that the FBI had requested the information.[2] The nondisclosure provision must be authorized by the Director of the FBI, and only after he or she certifies “that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person.”[3] Even then, the recipient of the NSL may still challenge the nondisclosure provision in federal court.[4]

The constitutionality of such nondisclosure provisions has been repeatedly challenged. The requirement was initially ruled to be unconstitutional as an infringement of free speech in the Doe v. Gonzales case, but that decision was later vacated in 2008 by the Second Circuit Court of Appeals after it held the USA PATRIOT Improvement and Reauthorization Act gave the recipient of an NSL that included a nondisclosure provision the right to challenge the nondisclosure provision in federal court. In March 2013, a judge in the Northern District of California held the nondisclosure provision in an NSL was unconstitutional. But on August 24, 2015, the Ninth Circuit Court of Appeals vacated the district court’s decision and remanded the case to the district court for further proceedings. On remand, the district court held the “NSLs were issued in full compliance with the procedural and substantive requirements suggested by the Second Circuit in John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008), which had held that the 2006 NSL law could be constitutionally applied” … and “the NSL law, as amended [by the USA FREEDOM ACT of 2015], was constitutional.” The two petitioners then appealed. On appeal, the Ninth Circuit Court of Appeals upheld the district court ruling, holding that NSLs are constitutional, and stated, “the nondisclosure requirement does not run afoul of the First Amendment.” Under Seal v. Jefferson B. Sessions, III, Attorney General, Nos. 16-16067, 16-16081, and 16-16082, July 17, 2017.

History

The oldest NSL provisions were created in 1978 as a little-used investigative tool in terrorism and espionage investigations to obtain financial records. Under the Right to Financial Privacy Act (RFPA), part of the Financial Institutions Regulatory and Interest Rate Control Act of 1978), the FBI could obtain the records only if the FBI could first demonstrate the person was a foreign power or an agent of a foreign power. Compliance by the recipient of the NSL was voluntary, and states’ consumer privacy laws often allowed financial institutions to reject the requests.[5] In 1986, Congress amended RFPA to allow the government to request disclosure of the requested information. In 1986, Congress passed the Electronic Communications Privacy Act (ECPA), part of the Stored Communications Act), which created provisions similar to the RFPA that allowed the FBI to issue NSLs. Still, neither RFPA or ECPA act included penalties for not complying with the NSL. A 1993 amendment removed the restriction regarding “foreign powers” and allowed the use of NSLs to request information concerning persons who are not the direct subject of the investigation.

In 2001, section 505 of the USA PATRIOT Act expanded the use of the NSLs. In March 2006, the USA PATRIOT Improvement and Reauthorization Act allowed for judicial review of an NSL. A federal judge could repeal or modify an NSL if the court found the request for information was “unreasonable, oppressive, or otherwise unlawful.” The nondisclosure provision the government could include in an NSL was also weakened. The court could repeal the nondisclosure provision if it found it had been made in bad faith. Other amendments allowed the recipient of an NSL to inform their attorney about the request and the government had to rely on the courts to enforce compliance with an NSL.

Patriot Act

Section 505 of the USA PATRIOT Act (2001) allowed the use of the NSLs when seeking information “relevant” in authorized national security investigations to protect against international terrorism or clandestine intelligence activities. The act also provided the Department of Defense when conducting a law enforcement investigation, counterintelligence inquiry, or security determination. The Central Intelligence Agency has also allegedly issued NSLs.[6] The Patriot Act reauthorization statutes passed during the 109th Congress added potential penalties for failure to comply with an NSL or disclosing an NSL if the NSL included a nondisclosure provision.

Contentious aspects

Two contentious aspects of NSLs are the nondisclosure provision and judicial oversight when the FBI issues an NSL. When the Director of the FBI (or his designee) authorizes the inclusion of a nondisclosure provision in an NSL, the recipient may face criminal prosecution if it reveals the contents of the NSL or that it was received. The purpose of a nondisclosure provision is to prevent the recipient of an NSL from compromising both the current FBI investigation involving a specific person and future investigations as well (see 18 U.S.C. 2709), which could fetter the Government’s efforts to address national security threats.[7] An NSL recipient (later revealed to be Nicholas Merrill[8][9]) writing in The Washington Post said,

“[L]iving under the gag order has been stressful and surreal. Under the threat of criminal prosecution, I must hide all aspects of my involvement in the case…from my colleagues, my family and my friends. When I meet with my attorneys I cannot tell my girlfriend where I am going or where I have been.”[7]

Like other administrative subpoenas, NSLs do not require judicial approval. For NSLs, that is because the U.S. Supreme Court has held the types of information the FBI obtains with NSLs provide no constitutionally protected reasonable expectation of privacy. Because a person has already provided the information to a third party, e.g., their telephone company, they no longer have a reasonable expectation of privacy to the information, and therefore there is no Fourth Amendment requirement to obtain a judge’s approval to obtain the information.[10] Nonetheless, the recipient of the NSL may still challenge the nondisclosure provision in federal court.[11]

The media reported in 2007 that a government audit found the FBI had violated the rules more than 1,000 times in an audit of 10% of its national investigations between 2002 and 2007.[12] Twenty such incidents involved requests by agents for information not permitted under the law. A subsequent report in 2014 by the Justice Department Office of Inspector General concluded the FBI had corrected its practices and that NSLs complied federal statutes.

According to 2,500 pages of documents the FBI provided to the Electronic Frontier Foundation in response to a Freedom of Information Act lawsuit, the FBI had used NSLs to obtain information about individuals who were the subject of an FBI terrorism or counterintelligence investigation and information from telecommunications companies about individuals with whom the subject of the investigation had communicated. According to a September 9, 2007, New York Times report,

“In many cases, the target of a[n FBI] national security letter whose records are being sought is not necessarily the actual subject of a terrorism investigation. Under the USA PATRIOT Act, the FBI must assert only that the records gathered through the letter are considered relevant to a terrorism [or counterintelligence] investigation.”[13]

In April 2008, the American Civil Liberties Union alleged that the military was using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans’ Internet service providers, financial institutions, and telephone companies. The ACLU based its allegation on a review of more than 1,000 documents provided by the Defense Department. The Department of Justice Office of Inspector General later determined the Department of Defense (not the FBI) had lawfully obtained the information under the National Security Act of 1947, not through NSLs.

Doe v. Ashcroft

Letter in Doe v. Ashcroft case

The lack of judicial oversight and the Supreme Court ruling in Smith v. Maryland was the core of Doe v. Ashcroft, a test case brought by the ACLU concerning the use of NSLs. The lawsuit was file on behalf of “John Doe” plaintiff Nicholas Merrill, founder of Calyx Internet Access,[14] who had received an NSL. The action challenged the constitutionality of NSLs, specifically the nondisclosure provision. At the district court, Judge of the Southern District of New York held in September 2004 that NSLs violated the Fourth Amendment (“it has the effect of authorizing coercive searches effectively immune from any judicial process”) and First Amendment. However, Judge Marrero stayed his ruling while the case proceeded to the court of appeals.

Because of the New York district court ruling, while the case was still on appeal, Congress amended the USA PATRIOT Act to provide for more judicial review of NSLs and clarified the NSL nondisclosure provision.[15] Based on the U.S. Supreme Court rulings, there is still no requirement to seek judicial approval for the FBI issuing an NSL.

The government appealed Judge Marrero’s decision to the Second Circuit Court of Appeals, which heard arguments in May 2006. In March 2008, the Second Circuit ruled that nondisclosure provisions were permissible only when the FBI certified that disclosure may result in certain statutorily enumerated harms (see, e.g., 18 U.S.C. 2709), and held the nondisclosure provision to a strict scrutiny standard. The Second Circuit then returned the case to the district court based on amendments to the USA PATRIOT Act that Congress had enacted while the case had been on appeal.

Letter in the Doe v. Gonzales case

Another effect of Doe v. Ashcroft was increased congressional oversight. The amendments to the USA PATRIOT Act mentioned above included requirements for semiannual reporting to Congress. Although the reports are classified, a nonclassified accounting of how many NSLs are issued is also required. On April 28, 2006, the Department of Justice reported to the House and Senate that in calendar year 2005, “The Government made requests for certain information concerning 3,501 United States persons pursuant to NSLs. During this period, the total number of NSL requests … for information concerning U.S. persons totaled 9,254.”[16]

In 2010, the FBI agreed to lift partially the nondisclosure provision to allow Merrill to reveal his identity.[17] Merrill has since created a corporation for the purposes of educating and researching privacy issues.[18]

On August 28, 2015, Judge Marrero rescinded the nondisclosure provision associated with the NSL Merrill had received, thereby allowing him to speak about the contents of the NSL. On November 30, 2015, the unredacted court ruling was published in full.[19]

See also

References

  1. Jump up^ USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal AnalysisCongressional Research Service‘s report for Congress, Brian T. Yeh, Charles Doyle, December 21, 2006.
  2. Jump up^ Bustillos, Maria (June 27, 2013). “What It’s Like to Get a National-Security Letter”The New Yorker.
  3. Jump up^ 18 U.S.C.§ 2709(c)
  4. Jump up^ 18 U.S.C.§ 3511
  5. Jump up^ Andrew E. Nieland, National Security Letters and the Amended Patriot Act, 92 Cornell L. Rev. 1201, 1207 (2007) [1]
  6. Jump up^ Lichtblau, Eric; Mezzetti, Mark (January 14, 2007). Military Expands Intelligence Role in U.S. “Military Expands Intelligence Role in U.S.”Check |url= value (help)The New York Times.
  7. Jump up to:ab My National Security LetterThe Washington Post, 2007 Mar 23
  8. Jump up^ John Doe’ Who Fought FBI Spying Freed From Gag Order After 6 YearsKim Zetter, Wired.com, 2010 8 10
  9. Jump up^ “Doe v. Holder (Challenging Patriot Act’s National Security Letter provision and associated gag provision)”S.D.N.Y. 04 Civ. 2614 (VM) (direct). NYCLU (New York Civil Liberties Union). Archived from the original on 2010-11-13.
  10. Jump up^ Smith v. Maryland, 442 U.S. 735 (1979); Fourth Amendment, U.S. Const.
  11. Jump up^ 18 U.S.C. § 3511
  12. Jump up^ “FBI agents broke the rules 1,000 times”RTÉ News Online. 2007-06-14. Retrieved 2007-06-14.
  13. Jump up^ Lichtblau, Eric (2007-09-08). “F.B.I. Data Mining Reached Beyond Target Suspects”. The New York Times.
  14. Jump up^ “ACLU Sues Over Internet Privacy”cbsnews.com.
  15. Jump up^ “Congress.gov – Library of Congress”thomas.loc.gov.
  16. Jump up^ Report of Foreign Intelligence Surveillance ActArchived 2006-06-29 at the Wayback Machine., United States Department of Justice
  17. Jump up^ McLaughlin, Jenna (14 September 2015). “Federal Court Lifts National Security Letter Gag Order; First Time in 14 Years”. The Intercept. Retrieved 16 September 2015.
  18. Jump up^ “National Security Letters and Gag Orders: Transcript”. On the Media. January 21, 2011. Although you’re allowed to challenge the gag every year now under the new [amended] law, the last time I did it, the government presented secret evidence that only they and the judge could see, and my attorneys could not see, and therefore could not challenge. It does kind of add up to a lot of responsibility, and that’s part of what motivated me to start my nonprofit organization, the Calyx Institute. Part of it is to defend people who are gagged. Part of it is also to promote best practices among telecommunications companies in regards to the privacy of customer data.
  19. Jump up^ “Nicholas Merrill able to reveal the national security letter previously undisclosed”Information Society Project. Yale University. Retrieved 2015-11-30.

External links

https://en.wikipedia.org/wiki/National_security_letter

 

Indictment

From Wikipedia, the free encyclopedia

An indictment (/ɪnˈdtmənt/ in-DYT-mənt) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the concept of felonies often use that of an indictable offence—an offence that requires an indictment.

Historically, in most common law jurisdictions, an indictment was handed up by a grand jury, which returned a “true bill” if it found cause to make the charge, or “no bill” if it did not find cause.

Indictments by country

India

The criminal law in India[1] is derived from the colonial-era British system, does not use a jury system and is codified in the Criminal Procedure Code (CrPC). Criminal offenses are divided into two broad categories: cognisable offenses and non-cognisable offenses. The police are empowered to start investigating a cognisable offense. The complaint is considered merely an accusation. However, in both cognisable and non-cognisable offenses, the trial starts only with the “Framing of Charges” similar to the concept of indictment. The trial court does not proceed with the trial if the evidence is insufficient to make out a charge.

United Kingdom

England and Wales

In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service) on behalf of the Crown, which is the nominal plaintiff in all public prosecutions under English law. This is why a public prosecution of a person whose surname is Smith would be referred to in writing as “R v Smith” (or alternatively as “Regina v Smith” or “Rex v Smith” depending on the gender of the Sovereign, Regina and Rex being Latin for “Queen” and “King” and in either case may informally be pronounced as such) and when cited orally in court would be pronounced “the Crown against Smith”.[2][3]

All proceedings on indictment must be brought before the Crown Court.[4] By virtue of practice directions issued under section 75(1) of the Supreme Court Act 1981, an indictment must be tried by a High Court judge, a Circuit judge or a recorder (which of these it is depends on the offence).

As to the form of an indictment, see the Indictments Act 1915 and the Indictment Rules 1971 made thereunder.

The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007[5] (on the whole) incorporated into the Criminal Procedure Rules 2010.[6] The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012.[7]Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.[8]

As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (S.I. 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (S.I. 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (S.I. 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (S.I. 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (S.I. 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (S.I. 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (S.I. 2000/3360).

Northern Ireland[

See the Indictments Act (Northern Ireland) 1945.[9]

Scotland

In Scotland, all of these cases brought in the High Court of Justiciary are brought in the name of the Lord Advocate and will be tried on Indictment. In the Sheriff Court where trials proceed using the Solemn procedure they will also be tried on indictment and are brought in the name of the Procurator Fiscal.

United States

The Fifth Amendment to the Constitution of the United States states in part: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger”. The requirement of an indictment has not been incorporated against the states; therefore, although the federal government uses grand juries and indictments, not all U.S. states do.[10]

In many, but not all, United States jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a grand jury and filing a charging document directly with the court. Such a document is usually called an informationaccusation, or complaint, to distinguish it from a grand-jury indictment. To protect the suspect’s due-process rights in felony cases (where the suspect’s interest in liberty is at stake), there is usually a preliminary hearing, at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, he or she binds, or holds over, the suspect for trial.

The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of where, when, and how the defendant allegedly committed the offense. Each offense usually is set out in a separate count. Indictments for complex crimes, particularly those involving conspiracy or numerous counts, may run to hundreds of pages. However, in other cases an indictment for a crime as serious as murder, may consist of a single sheet of paper.

Indictable offenses are normally tried by jury, unless the accused waives the right to a jury trial. Although the Sixth Amendment mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the United States are resolved by the plea-bargaining process.

Direct indictment (Canada)

A direct indictment is one in which the case is sent directly to trial before a preliminary inquiry is completed or when the accused has been discharged by a preliminary inquiry.[11][12] It is meant to be an extraordinary, rarely used power to ensure that those who should be brought to trial are in a timely manner or where an error of judgment is seen to have been made in the preliminary inquiry.[13]

Sealed indictment

An indictment can be sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested or has been notified by police.[14]

See also

References

https://en.wikipedia.org/wiki/Indictment

Did the FBI Have a Spy in the Trump Campaign?

Republican presidential nominee Donald Trump speaks at a campaign rally in Grand Rapids, Mich., October 31, 2016. (Carlo Allegri/Reuters)

The Steele-dossier author told Fusion GPS’s Glenn Simpson about a ‘human source.’Something tells me Glenn Simpson did not make a mistake. Something tells me the co-founder of Fusion GPS was dead-on accurate when he testified that Christopher Steele told him the FBI had a “human source” — i.e., a spy — inside the Trump campaign as the 2016 presidential race headed into its stretch run.

When he realized how explosive this revelation was, Simpson walked it back: He had, perhaps, “mischaracterized” what he’d been told by Steele, the former British spy and principal author of the anti-Trump dossier he and Simpson compiled for the Clinton campaign.

Simpson gave his testimony about the FBI’s human source at a closed Senate Judiciary Committee hearing on August 22, 2017. He did not try to retract it until the uproar that followed the publication of his testimony on January 9, 2018. The latter date is significant for reasons we’ll come to.

A Spy and a Stonewall
Simpson’s testimony on this point is worth revisiting because of a pitched battle between the House Intelligence Committee and the Justice Department. Essential reporting on the controversy has been done by the Wall Street Journal’s Kim Strassel (see here and here). On Thursday, she related that, yet again, Congress had faced down a DOJ/FBI attempt to stonewall the committee’s probe of investigative irregularities during the 2016 election season — particularly, abuse of government surveillance powers, which the Obama-led agencies used to monitor the Trump campaign.

Unable to get voluntary cooperation, committee chairman Devin Nunes (R., Calif.) issued a subpoena demanding that the Justice Department disclose information about a top-secret intelligence source who is said to have assisted the Russia investigation. That investigation is now being run by Special Counsel Robert Mueller. But more interesting is how it got started.

On that question, officials have been suspiciously fuzzy in their explanations, and hilariously inconsistent in their leaks: initially settling on an origination story that hinged on the Steele dossier and a trip to Moscow by the obscure Trump-campaign adviser Carter Page; later pivoting to a tale of boozy blathering by an even more obscure Trump-campaign adviser, George Papadopoulos, when the first story proved embarrassing — the dossier allegations having been unverified when the Justice Department included them in warrant applications to the FISA court.

The Justice Department’s inability, or at least unwillingness, to reveal exactly how, when, and why the FBI opened a counterintelligence investigation has fueled suspicions that a spy who worked for both the FBI and the CIA was deployed against the Trump campaign, probably in Britain — where Papadopoulos had met with suspected agents of the Kremlin, and where Steele compiled the dossier via reports from his unidentified sources.

From painstaking research, Nunes and committee staff believe they have identified such a spy. When they demanded information about this person — whose name remains unknown to the public — the Justice Department’s response was not “No, you’re wrong, there was no spying.” It was first to bloviate that the department would not be “extorted” (Deputy Attorney General Rod Rosenstein’s unusual understanding of what is more commonly known as congressional oversight) and then to claim that providing the information sought by the committee would risk “potential loss of human lives, damage to relationships with valued international partners, compromise of ongoing criminal investigations, and interference with intelligence activities.”

By now, Nunes has learned that if he is catching flak, he is over the target.

Simpson’s Senate Testimony about the FBI’s ‘Human Source’
This brings us back to Glenn Simpson, co-founder of Fusion GPS, which was retained by the Clinton campaign (through its lawyers at Perkins Coie) to generate the Steele dossier, opposition research that focused on Donald Trump and Russia.

In his Senate testimony on August 22, 2017, Simpson explained that Steele had met with at least one FBI agent in Rome in mid to late September 2016. The former British spy had provided the unverified allegations he had compiled to that point (i.e., his private “intelligence reports,” later assembled into the “dossier”). Steele had developed a close working relationship with the FBI when he was a British agent. It is not surprising, then, that the Bureau did not just take his information; it reciprocated, imparting some sensitive information to him. Simpson explained to the Senate committee (my italics):

Essentially, what [Christopher Steele] told me was [the FBI] had other intelligence about this matter from an internal Trump campaign source, and that — that they — my understanding was that they believed Chris at this point — that they believed Chris’s information might be credible because they had other intelligence that indicated the same thing, and one of those pieces of intelligence was a human source from inside the Trump campaign.

Simpson declined to answer more questions about this unidentified “human source.” But when the media treated his revelation as a bombshell, he realized it would cause a feeding frenzy: Congress, the media, and the public would demand to know what would cause the FBI, in the stretch run of a presidential race, to use an informant against one candidate’s campaign.

On a dime, Simpson backpedaled. Fusion GPS explained to friendly media that he believed he had “mischaracterized” the source. He must have been talking about George Papadopoulos — not a “human source” in the sense of willing informant or spy, but a person attached to the campaign whose statements to an Australian diplomat had been passed to the FBI (through channels that, we shall see, have still not been explained).

On further review, I don’t buy this explanation (although I uncritically accepted it in a column about Simpson’s testimony early this year).

The Timing Doesn’t Compute
Simpson’s testimony was released to the public on January 9, 2018. That was just a few days after the New York Times had published its big New Year’s weekend story claiming, based on anonymous intelligence officials, that the Russia investigation had been opened sometime in July 2016. The catalyzing event, we were told, was a report to the FBI that Papadopoulos, a young Trump-campaign adviser, had alleged that Russia possessed thousands of stolen Hillary Clinton emails. According to the story, Papadopoulos had been informed of this by Joseph Mifsud, a London-based academic who professed to have Kremlin connections. A few weeks later, while drinking in a London bar in May 2016, Papadopoulos blabbed the news to Alexander Downer, an Australian diplomat.

According to the Times, when hacked Democratic National Committee emails started being published in July 2016, Australian officials surmised that this development could be related to Papadopoulos’s boozy claim; therefore, the paper suggests, they routed the information to their American counterparts. But when we peruse the story, we find that the Times is drawing an inference that the FBI must have gotten the information from the Australian government; there is no solid confirmation that this happened. Indeed, the story evinces bewilderment that two months supposedly elapsed between the Papadopoulos–Downer meeting and the FBI’s learning about it. There is no attempt to describe how this assumed transmission occurred, and the Aussies refused to comment on the matter.

Though the Papadopoulos–Downer story is rickety, it nevertheless served Simpson’s purpose of backing away from his “human source” testimony. Alas, his story does not add up, either.

To repeat, while Simpson’s testimony became public in January 2018, he actually gave the testimony five months earlier, in August 2017. Papadopoulos’s name is not uttered in the 312-page transcript, just as it goes unmentioned in the Steele dossier.

Papadopoulos was virtually unheard of until October 30, 2017, when Special Counsel Mueller announced his guilty plea and filed a factual recitation of his offense conduct. Two weeks after that information became public, Simpson was asked about Papadopoulos in a fleeting exchange during testimony before the House Intelligence Committee (see November 14, 2017transcript, page 163.) Interestingly, the subject came up in the context of Trump-related research Simpson had done separate and apart from his collaboration with Steele. Simpson claimed that he had been looking at Papadopoulos “for a while” and regarded him as “a clone of Carter Page”; but he admitted that he actually knew nothing significant about Papadopoulos beyond what Mueller had included in the information filed in court at the time of the guilty plea.

The information Mueller had filed in October said nothing about either Papadopoulos’s meeting with Downer or the subsequent purported transmission of Papadopoulos’s claims from Australian authorities to the FBI. That story did not come out until the Times article on December 30.

When Simpson testified that Steele told him the FBI had a human source, I think Simpson meant exactly what that testimony implied.

Only after that, and in the uproar over the January 9 release of Simpson’s five-month-old Senate testimony, did Fusion suggest that Simpson must have been referring to Downer, the Australian diplomat, when he told the Senate that the FBI had a “human source” inside the Trump campaign. That, however, is not credible. When Simpson gave the “human source” testimony in August 2017, there is no indication that he knew anything about Downer. Even if we buy his House testimony in November that he had heard of Papadopoulos before the latter’s October plea, Simpson conceded then that he knew nothing more than what Mueller had disclosed — which did not include the Papadopoulos–Downer meeting and the communication of it to the FBI.

Simpson is a smart guy, an accomplished investigative journalist, and now a full-time professional researcher, whose attention to detail is impressive. Steele is an experienced intelligence officer. The two are longtime friends and collaborators who understand each other well. Informants are central to both of their professions. By their telling, Steele’s decision to bring their research to the FBI and his subsequent dealings with the Bureau were a matter of extensive discussion and great concern.

Consequently, I do not believe that Steele gave his friend Simpson a cryptic account of his meeting in Rome with the FBI; nor do I believe that Simpson got confused and “mischaracterized” what he was told. When Simpson testified that Steele told him the FBI had a human source, I think Simpson meant exactly what that testimony implied: that someone from the FBI told Steele in August 2016 — while the investigation was heating up, while the FBI was ramping up its efforts in preparation for seeking surveillance warrants from the FISA court — that the Bureau had an informant.

A Human Source . . . in Britain, Not Australia
Three other things to consider:

1. For months, the House Intelligence Committee sought disclosure of the “electronic communication” (EC) by which the FBI opened its counterintelligence-investigation file on Papadopoulos, reportedly in July 2016. Counterintelligence involves national-security powers, and it is a weighty matter to apply these powers — as opposed to criminal-investigative authorities — to American citizens. The committee therefore wanted to know what foreign intelligence had spurred the probe, particularly in light of intelligence leaks that an Australian government report about Papadopoulos was the cause.

Yet, when Nunes was finally allowed to look at the EC, only after threatening contempt proceedings against Justice Department officials, he learned that the FBI did not set forth any foreign intelligence — there was no Australian report, no “Five Eyes intelligence product” at all, Nunes told Fox News’s Maria Bartiromo.

Did the FBI’s British operation involve using a spy to interact with Trump-campaign figures, such as Papadopoulos, on British soil?

If the FBI was not explicitly relying on intelligence from a foreign ally, on what was it relying to open a counterintelligence investigation focusing on an American political campaign? According to what the New York Times reported in April 2017, “current and former law enforcement and intelligence officials” said the investigation was triggered by Carter Page’s trip to Moscow. That would implicate the Clinton-campaign-generated Steele dossier, which claimed that Page’s trip furthered a Trump–Russia conspiracy. I’ve detailed how, as reliance on the unverified dossier has become more controversial, the media and intelligence agencies have tried to minimize its importance to the opening of the investigation.

Did the dossier instigate not only FISA surveillance but human spying against the Trump campaign?

2. As Larry O’Connor has recounted in the Washington Times, Obama’s former CIA director John Brennan was asked, by NBC’s Chuck Todd, whether the FBI’s investigation was triggered by intelligence from the Five Eyes (i.e., the U.S., Great Britain, Canada, New Zealand, and Australia — five Anglosphere governments that have longstanding, unusually close intelligence-sharing arrangements). Brennan would not answer the question directly, but he emphasized U.S. ties not with Australia but with Britain:

The F.B.I. has [a] very close relationship with its British counterparts. And so, the F.B.I. had visibility into a number of things that were going on involving some individuals who may have had some affiliation with the Trump campaign. And so, the intelligence that we collected was pulsed against that. And I thought it would have been derelict if the F.B.I. did not pull the threads, investigative threads, on American persons who might have been involved with Russia and working on their behalf either wittingly or unwittingly.

Sounds like the FBI, with support from the CIA, had some cooperative intelligence venture with British authorities that enabled the Bureau to monitor Trump-campaign figures. That is significant because Papadopoulos has acknowledged meeting in Britain with people who claimed Kremlin ties and who told him Russia had thousands of Clinton’s emails. Did the FBI’s British operation involve using a spy to interact with Trump-campaign figures, such as Papadopoulos, on British soil? Brennan didn’t say.

3. In December 2017, McCabe testified in a closed hearing before the House Intelligence Committee. The Washington Examiner’s Byron York reported that McCabe “said on more than one occasion that the FBI had worked hard to verify the dossier, telling lawmakers that the FBI had at one point sent investigators to London as part of that effort” (emphasis added).

Did the FBI’s work to verify the dossier in London involve a human source? Did it involve other human sources in other places?

Christopher Steele, the former British spy with extensive British intelligence and FBI connections, told his friend Glenn Simpson that the FBI had penetrated the Trump campaign with a “human source” who was helping corroborate the dossier. There seems to be more corroboration for this assertion than for the sensational allegations in Steele’s dossier.

Story 2: Secret Surveillance Spying Security State (S5) Abolishes Fourth Amendment With  National Security Agency and National Security Letters — Congress Does Nothing Fearing Secret Surveillance Spying Security State Disclosures By United States Intelligence Community (IC) — Videos

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Tragedy and Hope: Professor Carroll Quigley and the “Article that Said Too Little” by Kevin Cole

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United States Intelligence Community

From Wikipedia, the free encyclopedia
United States Intelligence Community
United States Intelligence Community Seal.svg

Seal of the United States Intelligence Community
Agency overview
Formed December 4, 1981
Agency executive

The United States Intelligence Community (IC)[1] is a federation of 16 separate United States government agencies that work separately and together to conduct intelligence activities to support the foreign policy and national security of the United States. Member organizations of the IC include intelligence agenciesmilitary intelligence, and civilian intelligence and analysis offices within federal executive departments. The IC is overseen by the Office of the Director of National Intelligence (ODNI), which itself is headed by the Director of National Intelligence (DNI), who reports to the President of the United States.

Among their varied responsibilities, the members of the Community collect and produce foreign and domestic intelligence, contribute to military planning, and perform espionage. The IC was established by Executive Order 12333, signed on December 4, 1981, by U.S. President Ronald Reagan.[2]

The Washington Post reported in 2010 that there were 1,271 government organizations and 1,931 private companies in 10,000 locations in the United States that were working on counterterrorism, homeland security, and intelligence, and that the intelligence community as a whole includes 854,000 people holding top-secret clearances.[3] According to a 2008 study by the Office of the Director of National Intelligence, private contractors make up 29% of the workforce in the U.S. intelligence community and account for 49% of their personnel budgets.[4]

Etymology

The term “Intelligence Community” was first used during Lt. Gen. Walter Bedell Smith‘s tenure as Director of Central Intelligence (1950–1953).[5]

History[

Intelligence is information that agencies collect, analyze, and distribute in response to government leaders’ questions and requirements. Intelligence is a broad term that entails:

Collection, analysis, and production of sensitive information to support national security leaders, including policymakers, military commanders, and Members of Congress. Safeguarding these processes and this information through counterintelligence activities. Execution of covert operations approved by the President. The IC strives to provide valuable insight on important issues by gathering raw intelligence, analyzing that data in context, and producing timely and relevant products for customers at all levels of national security—from the war-fighter on the ground to the President in Washington.[6]

Executive Order 12333 charged the IC with six primary objectives:[7]

  • Collection of information needed by the President, the National Security Council, the Secretary of State, the Secretary of Defense, and other executive branch officials for the performance of their duties and responsibilities;
  • Production and dissemination of intelligence;
  • Collection of information concerning, and the conduct of activities to protect against, intelligence activities directed against the U.S., international terrorist and/or narcotics activities, and other hostile activities directed against the U.S. by foreign powers, organizations, persons and their agents;
  • Special activities (defined as activities conducted in support of U.S. foreign policy objectives abroad which are planned and executed so that the “role of the United States Government is not apparent or acknowledged publicly”, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions);
  • Administrative and support activities within the United States and abroad necessary for the performance of authorized activities and
  • Such other intelligence activities as the President may direct from time to time.

Organization

Members

The IC is headed by the Director of National Intelligence (DNI), whose statutory leadership is exercised through the Office of the Director of National Intelligence (ODNI). The 16 members of the IC are:[8]

The official seals of U.S. Intelligence Community members.

Agency Parent Agency Federal Department Date est.
Twenty-Fifth Air Force United States Air Force Defense 1948
Intelligence and Security Command United States Army Defense 1977
Central Intelligence Agency none Independent agency 1947
Coast Guard Intelligence United States Coast Guard Homeland Security 1915
Defense Intelligence Agency none Defense 1961
Office of Intelligence and Counterintelligence none Energy 1977
Office of Intelligence and Analysis none Homeland Security 2007
Bureau of Intelligence and Research none State 1945
Office of Terrorism and Financial Intelligence none Treasury 2004
Office of National Security Intelligence Drug Enforcement Administration Justice 2006
Intelligence Branch Federal Bureau of Investigation Justice 2005
Marine Corps Intelligence Activity United States Marine Corps Defense 1978
National Geospatial-Intelligence Agency none Defense 1996
National Reconnaissance Office none Defense 1961
National Security Agency/Central Security Service none Defense 1952
Office of Naval Intelligence United States Navy Defense 1882

Programs

The IC performs under two separate programs:

  • The National Intelligence Program (NIP), formerly known as the National Foreign Intelligence Program as defined by the National Security Act of 1947 (as amended), “refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence (DNI) and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by the United States Armed Forces”. Under the law, the DNI is responsible for directing and overseeing the NIP, though the ability to do so is limited (see the Organization structure and leadership section).
  • The Military Intelligence Program (MIP) refers to the programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by the United States Armed Forces. The MIP is directed and controlled by the Under Secretary of Defense for Intelligence. In 2005 the Department of Defense combined the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities program to form the MIP.

Since the definitions of the NIP and MIP overlap when they address military intelligence, assignment of intelligence activities to the NIP and MIP sometimes proves problematic.

Organizational structure and leadership

IC Circle.jpg

The overall organization of the IC is primarily governed by the National Security Act of 1947 (as amended) and Executive Order 12333. The statutory organizational relationships were substantially revised with the 2004 Intelligence Reform and Terrorism Prevention Act (IRTPA) amendments to the 1947 National Security Act.

Though the IC characterizes itself as a federation of its member elements, its overall structure is better characterized as a confederation due to its lack of a well-defined, unified leadership and governance structure. Prior to 2004, the Director of Central Intelligence (DCI) was the head of the IC, in addition to being the director of the CIA. A major criticism of this arrangement was that the DCI had little or no actual authority over the budgetary authorities of the other IC agencies and therefore had limited influence over their operations.

Following the passage of IRTPA in 2004, the head of the IC is the Director of National Intelligence (DNI). The DNI exerts leadership of the IC primarily through statutory authorities under which he or she:

  • controls the “National Intelligence Program” budget;
  • establishes objectives, priorities, and guidance for the IC; and
  • manages and directs the tasking of, collection, analysis, production, and dissemination of national intelligence by elements of the IC.

However, the DNI has no authority to direct and control any element of the IC except his own staff—the Office of the DNI—neither does the DNI have the authority to hire or fire personnel in the IC except those on his own staff. The member elements in the executive branch are directed and controlled by their respective department heads, all cabinet-level officials reporting to the President. By law, only the Director of the Central Intelligence Agency reports to the DNI.

In light of major intelligence failures in recent years that called into question how well Intelligence Community ensures U.S. national security, particularly those identified by the 9/11 Commission (National Commission on Terrorist Attacks Upon the United States), and the “WMD Commission” (Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction), the authorities and powers of the DNI and the overall organizational structure of the IC have become subject of intense debate in the United States.

Interagency cooperation

Previously, interagency cooperation and the flow of information among the member agencies was hindered by policies that sought to limit the pooling of information out of privacy and security concerns. Attempts to modernize and facilitate interagency cooperation within the IC include technological, structural, procedural, and cultural dimensions. Examples include the Intellipedia wiki of encyclopedic security-related information; the creation of the Office of the Director of National IntelligenceNational Intelligence CentersProgram Manager Information Sharing Environment, and Information Sharing Council; legal and policy frameworks set by the Intelligence Reform and Terrorism Prevention Act of 2004, information sharing Executive Orders 13354 and Executive Order 13388, and the 2005 National Intelligence Strategy.

Budget[edit]

Data visualization of U.S. intelligence black budget (2013)

The U.S. intelligence budget (excluding the Military Intelligence Program) in fiscal year 2013 was appropriated as $52.7 billion, and reduced by the amount sequestered to $49.0 billion.[9] In fiscal year 2012 it peaked at $53.9 billion, according to a disclosure required under a recent law implementing recommendations of the 9/11 Commission.[10] The 2012 figure was up from $53.1 billion in 2010,[11] $49.8 billion in 2009,[12] $47.5 billion in 2008,[13] $43.5 billion in 2007,[14] and $40.9 billion in 2006.[15]

About 70 percent of the intelligence budget went to contractors for the procurement of technology and services (including analysis), according to the May 2007 chart from the ODNI. Intelligence spending has increased by a third over ten years ago, in inflation-adjusted dollars, according to the Center for Strategic and Budgetary Assessments.[citation needed]

In a statement on the release of new declassified figures, DNI Mike McConnell said[when?] there would be no additional disclosures of classified budget information beyond the overall spending figure because “such disclosures could harm national security”. How the money is divided among the 16 intelligence agencies and what it is spent on is classified. It includes salaries for about 100,000 people, multibillion-dollar satellite programsaircraftweapons, electronic sensors, intelligence analysisspiescomputers, and software.

On August 29, 2013 the Washington Post published the summary of the Office of the Director of National Intelligence’s multivolume FY 2013 Congressional Budget Justification, the U.S. intelligence community’s top-secret “black budget.”[16][17][18] The IC’s FY 2013 budget details, how the 16 spy agencies use the money and how it performs against the goals set by the president and Congress. Experts said that access to such details about U.S. spy programs is without precedent. Steven Aftergood, Federation of American Scientists, which provides analyses of national security issues stated that “It was a titanic struggle just to get the top-line budget number disclosed, and that has only been done consistently since 2007 … but a real grasp of the structure and operations of the intelligence bureaucracy has been totally beyond public reach. This kind of material, even on a historical basis, has simply not been available.”[19] Access to budget details will enable an informed public debate on intelligence spending for the first time said the co-chair of the 9/11 Commission Lee H. Hamilton. He added that Americans should not be excluded from the budget process because the intelligence community has a profound impact on the life of ordinary Americans.[19]

Oversight

Intelligence Community Oversight duties are distributed to both the Executive and Legislative branches. Primary Executive oversight is performed by the President’s Foreign Intelligence Advisory Board, the Joint Intelligence Community Council, the Office of the Inspector General, and the Office of Management and Budget. Primary congressional oversight jurisdiction over the IC is assigned to two committees: the United States House Permanent Select Committee on Intelligence and the United States Senate Select Committee on Intelligence. The House Armed Services Committee and Senate Armed Services Committee draft bills to annually authorize the budgets of DoD intelligence activities, and both the House and Senate appropriations committees annually draft bills to appropriate the budgets of the IC. The Senate Committee on Homeland Security and Governmental Affairs took a leading role in formulating the intelligence reform legislation in the 108th Congress.

See also

References

  1. Jump up^ Agrawal, Nina. “There’s more than the CIA and FBI: The 17 agencies that make up the U.S. intelligence community”Los Angeles Times. Retrieved 2017-01-30.
  2. Jump up^ “Executive Order 12333”. Cia.gov. Retrieved 2013-01-23.
  3. Jump up^ Dana Priest & William M Arkin (19 July 2010). “A hidden world, growing beyond control”The Washington Post.
  4. Jump up^ Priest, Dana (2011). Top Secret America: The Rise of the New American Security State. Little, Brown and Company. p. 320. ISBN0-316-18221-4.
  5. Jump up^ Michael Warner; Kenneth McDonald. “US Intelligence Community Reform Studies Since 1947” (PDF). CIA. p. 4. Retrieved 28 June 2013.
  6. Jump up^ Rosenbach, Eric & Aki J. Peritz (12 June 2009). “Confrontation or Collaboration? Congress and the Intelligence Community” (PDF). Belfer Center for Science and International Affairs, Harvard Kennedy School. Retrieved 21 July 2009.
  7. Jump up^ Executive Order 12333 text
  8. Jump up^ User, Super. “Members of the IC”.
  9. Jump up^ “DNI Releases Budget Figure for 2013 National Intelligence Program”. Office of the Director of National Intelligence. 30 October 2013. Retrieved 2 August 2014.
  10. Jump up^ DNI Releases FY 2012 Appropriated Budget Figure. Dni.gov (2012-10-30). Retrieved on 2013-08-16.
  11. Jump up^ “DNI Releases Budget Figure for 2010 National Intelligence Program” (PDF). Office of the Director of National Intelligence. 2010-10-28. Retrieved 15 June 2013.
  12. Jump up^ “DNI Releases Budget Figure for 2009 National Intelligence Program” (PDF). Retrieved 15 June 2013.
  13. Jump up^ “DNI Releases Budget Figure for 2008 National Intelligence Program” (PDF). Retrieved 15 June 2013.
  14. Jump up^ “DNI Releases Budget Figure for 2007 National Intelligence Program” (PDF). Retrieved 15 June 2013.
  15. Jump up^ Hacket, John F. (2010-10-28). “FY2006 National Intelligence Program Budget, 10-28-10” (PDF). Office of the Director of National Intelligence. Retrieved 15 June 2013.
  16. Jump up^ Matt DeLong (29 August 2013). “Inside the 2013 U.S. intelligence ‘black budget'”The Washington Post. Retrieved 31 August 2013.
  17. Jump up^ Matthews, Dylan (29 August 2013). “America’s secret intelligence budget, in 11 (nay, 13) charts”The Washington Post. Retrieved 31 August 2013.
  18. Jump up^ DeLong, Matt (29 August 2013). “2013 U.S. intelligence budget: Additional resources”The Washington Post. Retrieved 31 August 2013.
  19. Jump up to:ab Barton Gellman & Greg Miller (29 August 2013). “U.S. spy network’s successes, failures and objectives detailed in ‘black budget’ summary”The Washington Post. Retrieved 31 August 2013.

Further reading

External links

https://en.wikipedia.org/wiki/United_States_Intelligence_Community

 

he Foreign Intelligence Surveillance Act of 1978 (FISA)

50 U.S.C. §§ 1801-11, 1821-29, 1841-46, 1861-62, 1871.

Background. Like Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the “Wiretap Act“), the FISA legislation was the result of congressional investigations into Federal surveillance activities conducted in the name of national security. Through FISA, Congress sought to provide judicial and congressional oversight of foreign intelligence surveillance activities while maintaining the secrecy necessary to effectively monitor national security threats. FISA was initially enacted in 1978 and sets out procedures for physical and electronic surveillance and collection of foreign intelligence information. Initially, FISA addressed only electronic surveillance but has been significantly amended to address the use of pen registers and trap and trace devices, physical searches, and business records.

FISA also established the United States Foreign Intelligence Surveillance Court (FISC), a special U.S. Federal court that holds nonpublic sessions to consider issuing search warrants under FISA. Proceedings before the FISC are ex parte, meaning the government is the only party present.

General Provisions. FISA, as amended, establishes procedures for the authorization of electronic surveillance, use of pen registers and trap and trace devices, physical searches, and business records for the purpose of gathering foreign intelligence.

Electronic Surveillance Procedures – Subchapter I of FISA established procedures for the conduct of foreign intelligence surveillance and created the Foreign Intelligence Surveillance Court (FISC). The Department of Justice must apply to the FISC to obtain a warrant authorizing electronic surveillance of foreign agents. For targets that are U.S. persons (U.S. citizens, permanent resident aliens, and U.S. corporations), FISA requires heightened requirements in some instances.

  • Unlike domestic criminal surveillance warrants issued under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the “Wiretap Act“) , agents need to demonstrate probable cause to believe that the “target of the surveillance is a foreign power or agent of a foreign power,” that “a significant purpose” of the surveillance is to obtain “foreign intelligence information,” and that appropriate “minimization procedures” are in place. 50 U.S.C. § 1804.
  • Agents do not need to demonstrate that commission of a crime is imminent.
  • For purposes of FISA, agents of foreign powers include agents of foreign political organizations and groups engaged in international terrorism, as well as agents of foreign nations. 50 U.S.C. § 1801

Record Destruction: Where the government has accidentally intercepted communications that “under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States,” the government is required to destroy those records, “unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person.” 50 U.S.C. § 1806.

Exception to Court Order Requirement: The President may authorize electronic surveillance to acquire foreign intelligence information for periods of up to one year without a FISC court order where the Attorney General certifies that there is “no substantial likelihood that the surveillance will acquire the contents of any communication to which a U.S. person is a party,” provided the surveillance is directed solely at communications among or between foreign powers, or “the acquisition of technical intelligence … from property or premises under the open and exclusive control of a foreign power.” 50 U.S.C. § 1802.

Physical Searches – Subchapter II of FISA establishes procedures for the physical search of “premises or property … owned, used, possessed by, or … in transit to or from a foreign power or an agent of a foreign power.” The procedures are substantially similar to the procedures established for electronic foreign intelligence surveillance.

Pen Registers and Trap & Trace Devices for Foreign Intelligence Purposes – Subchapter III of FISA establishes procedures for the use of pen registers and trap and trace devices for conducting telephone or e-mail surveillance.

Access to Certain Business Records for Foreign Intelligence Purposes – Subchapter IV of FISA establishes procedures for obtaining a FISC order for third-party production of business records to acquire foreign intelligence information.

Amendments.  FISA has been significantly amended by the Intelligence Authorization Act of 1995 (Pub. L. 103-359; 10/14/94), by the Intelligence Authorization Act of 1999, (Pub. L. 105-272; 10/5/98), by the USA PATRIOT Act (Pub. L. 107-56; 10/26/01), by the USA PATRIOT Additional Reauthorization Amendments Act of 2006 (Pub. L. 109-178; (3/9/06), the FISA (Foreign Intelligence Surveillance Act) Amendments Act of 2008 (Pub. L.110-261; 7/10/2008), and by the FISA Sunsets Extension Act (Pub. L. 112-3; 2/25/11).  It also “eas[ed] the restrictions on foreign intelligence gathering within the United States and afford[ed] the U.S. intelligence community greater access to information unearthed during a criminal investigation.” CRS Report RS21203, USA PATRIOT Act: A Sketch. Also see the other analyses of the PATRIOT Act for more on FISA changes as the result of passage of the PATRIOT Act. The FISA Amendments Act of 2008 also amended the ECPA.

Civil Rights and Civil Liberties Implications. FISA prohibits surveillance of or production of business records regarding a U.S. person based solely on First Amendment activities. 50 U.S.C. §§ 180518421861. Section 1806 provides guidance on the sharing of foreign intelligence information among Federal agencies and with State and local partners, as well as guidance as to disclosure of foreign intelligence information in criminal proceedings. Section 1825 provides similar guidance regarding the use and disclosure of foreign intelligence gathered via a physical search, while section 1845 provides similar guidance for the use and disclosure of information acquired through pen registers and trap and trace devices gathered under Subchapter III. Note that “agents of foreign powers” may include U.S. citizens and permanent residents suspected of being engaged in espionage and violating U.S. law on territory under United States control. Section 1801(b).

The Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, amended the definition of “agent of a foreign power” in FISA (50 U.S.C. § 1801(b)(1)), to add a new category of covered individuals called the “lone wolf” provision. Under the “lone wolf” provision, a non-United States person who engages in international terrorism or activities in preparation for international terrorism is deemed to be an “agent of a foreign power” under FISA.

Further Information. The Federation of American Scientists, a non-profit organization that describes itself as providing “nonpartisan technical analysis on complex global issues that hinge on science and technology,” offers a compilation of links to FISA-related resources including annual FISA reports to Congress, various court cases, and Department of Justice memoranda.

 

Story 3: President Trump Attacks MS-13 As Animals — Lying Lunatic Leftist Losers Defend MS -13 — All Humans Are Animals — MS-16 Members Are Violent Thugs — Videos

See the source image

See the source image

See the source image

 

See the source image

The left turns Trump’s ‘animals’ comment into a controversy

President Donald Trump Says ‘Animals’ Remark Referred To MS-13 Gang Members | NBC News

Nancy Pelosi Defends Violent MS-13 Gang Members In Response To Trump, Says They’re Not Animals

Trump calls MS-13 gang members ‘animals’

Sanders: Trump referred to gang as ‘animals’ not immigrants

Trump says ‘animals’ remark referred to MS-13 members

Media take Trump’s ‘animals’ remark out of context

MS-13 gang members: Trump makes us stronger

A look inside the world of MS-13 gangs

True roots of MS-13

MS-13: Violent gang targeting US suburbia

ICE Chasing Down MS-13 Gang (Compilation)

El Salvador declares war on gangs

Trump calls some illegal immigrants “animals” in meeting with sheriffs

Tucker: There’s no defending MS-13, but the Left is

‘Hunting MS-13’: What we learned

MS-13 ‘Amercanizing’ with female members

National Geographic – MS13 [Mara Salvatrucha ] : America’s Deadliest Gang – full Documentary HD

Brit snaps MS-13 gang at jail guards won’t step in

ICE Chasing Down MS-13 Gang (Compilation)

Washington DC MS 13 Documentary

Inside Long Island’s war with MS-13

MS 13 Murder Documentary

MS-13’s Active Members Are Laughing At Trump’s Crackdown (HBO)

National Geographic – MS13 [Mara Salvatrucha ] : America’s Deadliest Gang – full Documentary HD

MS-13’s biggest rival: Barrio 18

5 Most Dangerous Gangs In The World!

CNN Took Trump’s ‘Animals’ Remark About Immigrants ‘Out of Context,’ Network Admits

 

“Trump’s remarks late Wednesday were in response to comments about members of MS-13 and other undocumented immigrants,” network now says

Last Updated: May 18, 2018 @ 8:01 AM

CNN has officially clarified its reporting suggesting that President Donald Trump had referred to undocumented immigrants as “animals.”

In a Thursday piece, media reporter Oliver Darcy conceded that CNN — like many other news organizations, including the New York Times and the Associated Press — had taken Trump’s remarks “out of context” and that the president had only been referring to members of the violent MS-13 gang, many of whom come from Central America, and not to all immigrants in the U.S. without proper documentation.

“Other outlets did not directly accuse the President of calling immigrants ‘animals,’ but failed to include in tweets the entire context for Trump’s remark. Those outlets included CNN, CBS News, and NBC News,” wrote Darcy.

“Trump’s remarks late Wednesday were in response to comments about members of MS-13 and other undocumented immigrants who are deported for committing crimes,” the network added in a thread response to its own (considerably more viral) original tweet that included the president’s quote without context.

CNN

@CNN

“We’re taking people out of the country. You wouldn’t believe how bad these people are. These aren’t people — these are animals.” During a meeting with public officials who oppose California’s sanctuary policies, Pres. Trump criticized US immigration laws https://trib.al/jDvH1Vx  pic.twitter.com/SsmCdaofHb

CNN

@CNN

As reported in the article above, Trump’s remarks late Wednesday were in response to comments about members of MS-13 and other undocumented immigrants who are deported for committing crimes.

Also Thursday, the Associated Press went even further than CNN, deleting an earlier tweet about the president’s remarks.

“AP has deleted a tweet from late Wednesday on Trump’s ‘animals’ comment about immigrants because it wasn’t made clear that he was speaking after a comment about gang members,” the news organization offered in an explanation.

The Associated Press

@AP

AP has deleted a tweet from late Wednesday on Trump’s “animals” comment about immigrants because it wasn’t made clear that he was speaking after a comment about gang members.

The false narrative spread through the media this week after Trump made the tough remarks from the Cabinet Room of the White House.

“We have people coming into the country, or trying to come in — we’re stopping a lot of them,”said the president. “You wouldn’t believe how bad these people are. These aren’t people, these are animals, and we’re taking them out of the country at a level and at a rate that’s never happened before.”

On Wednesday, the White House press briefing had an animated moment when Press Secretary Sarah Sanders laced into media companies for falsely reporting this story.

“If the media and liberals want to defend MS-13, they’re more than welcome to,” said Sanders. “It took an animal to stab a man 100 times and decapitate him and rip his heart out … Frankly, I think that the term ‘animal’ doesn’t go far enough.”

“The president was very clearly referring to MS-13 gang members who enter the country illegally and whose deportations are hamstrung by our laws,” she added. “This is one of the most vicious and deadly gangs that operates by the motto of rape, control and kill.”

https://www.thewrap.com/cnn-took-trumps-animals-remark-immigrants-context-network-admits/

MS-13

From Wikipedia, the free encyclopedia
Mara Salvatrucha
Marasalvatrucha13.png

Mara Salvatrucha gang member with gang’s name tattooed on his back
Founding location Los Angeles, California, U.S.
Years active 1980s–present
Territory United StatesCompton, CaliforniaLos Angeles, CaliforniaBoston, MassachusettsFresno, CaliforniaSanta Cruz, California
Ethnicity Mostly SalvadoransHondurans, and Guatemalans
Membership 8,000–10,000 (US)

30,000–50,000 (Worldwide)[1]

Criminal activities Drug trafficking, illegal immigration, people smuggling, robbery, larceny, human traffickingextortion, murder, money laundering, prostitution (including child prostitution), racketeering, battery, kidnapping, and arms trafficking
Allies SureñosSinaloa CartelGulf CartelLa Familia MichoacanaMexican MafiaLos Zetas[2]
Rivals 18th Street gangJuarez CartelLos NegrosSombra NegraTijuana CartelBeltrán-Leyva Cartel, The Rascals, Tiny Rascal GangBloodsCripsPirusFresno Bulldogs, Hoover Boyz, Hoover Criminals,[3] Latin Kings[4]

MS-13 (Mara Salvatrucha; also known as simply MS or Mara) is an international criminal gang that originated in Los Angeles, California, US in the 1980s. The gang later spread to many parts of the continental United States, Canada, Mexico, and Central America, and is active in urban and suburban areas. Most members are of Central American origin, principally El Salvador.

In the U.S., MS-13 has an especially heavy presence in California, the Washington, D.C. metropolitan area, New York City and New JerseyBostonCharlotte, North Carolina, and Houston. There is also a presence of MS-13 in TorontoOntario.

Members of MS are characterised by tattoos covering the body, previously including the face, and by the use of their own sign language. They are notorious for their violence and a subcultural moral code based on merciless retribution. This cruelty of the distinguished members of the “Maras” or “Mareros” earned them a path to be recruited by the Sinaloa Cartel battling against Los Zetas in an ongoing drug war in Mexico.[5][6][7] Their wide-ranging activities have drawn the attention of the FBI and Immigration and Customs Enforcement, who have initiated wide-scale raids against known and suspected gang members, arresting hundreds across the country.[8]

Etymology

There is some dispute about the etymology of the name. Some sources state the gang is named for La Mara, a street gang in San Salvador, and the Salvatrucha guerrillas who fought in the Salvadoran Civil War.[9]Additionally, the word mara means gang in Caliche slang and is taken from marabunta, the name of a fierce type of ant. “Salvatrucha” may be a combination of the words Salvadoran and trucha, a Caliche word for being alert. The term “Salvatruchas” has been explained as a reference to Salvadorian peasants trained to become guerrilla fighters, referred to as “Farabundo Martí National Liberation Front.”[10]

Aspirants are beaten for 13 seconds in order to join the gang, a ritual known as a “beat-in”.[11][12][13][14][15][16]

Physical appearance

An MS gang sign and tattoos

Minors make up the majority of suspects arrested for killings attributed to MS-13. Many school districts were reluctant to admit unaccompanied teenagers when they initially arrived from Central America, which left them home alone and vulnerable to gang recruitment.[17]

Many Mara Salvatrucha members cover themselves in tattoos. Common markings include “MS”, “Salvatrucha”, the “Devil Horns”, the name of their clique, and other symbols.[18] A December 2007 CNN internet news article stated that the gang was moving away from face tattoos so as to be able to commit crimes without being noticed.[19]

Members of Mara Salvatrucha, like members of most modern American gangs, utilize a system of hand signs for purposes of identification and communication. One of the most commonly displayed is the “devil’s head” which forms an ‘M’ when displayed upside down. This hand sign is similar to the same symbol commonly seen displayed by heavy metal musicians and their fans. Founders of Mara Salvatrucha borrowed the hand sign after attending concerts of heavy metal bands.[20]

Presence

MS-13 presence     territories with a weaker presence     territories with a stronger presence

In the U.S., MS-13 has an especially heavy presence in Los Angeles County and the San Francisco Bay Area in California; the Washington, D.C. metropolitan areas of Fairfax County, VirginiaMontgomery County, Maryland,[21] and Prince George’s County, MarylandQueensNew YorkLong Island, New York; Newark, New JerseyPlainfield, New JerseyJersey City, New JerseyElizabeth, New Jersey; the BostonMassachusetts area; Charlotte, North Carolina; and HoustonTexas. There is also a presence of MS-13 in Toronto, Ontario, Canada.

MS-13 appears to use Texas as a stopping point for travel from Los Angeles to the East Coast and for the trafficking of drugs, humans, and weapons between Mexico and the United States. The largest concentration of MS-13 in Texas is in Houston.[22]

History

The Mara Salvatrucha gang originated in Los Angeles, set up in the 1980s by Salvadoran immigrants in the city’s Pico-Union neighborhood who immigrated to the United States after the Central American civil wars of the 1980s.[23]

Originally the gang’s main purpose was to protect Salvadoran immigrants from other, more established gangs of Los Angeles, who were predominantly composed of Mexicans and African-Americans.[24]

Many Mara Salvatrucha gang members from the Los Angeles area have been deported after being arrested.[25] For example, Jose Abrego, a high-ranking member, was deported four times.[26] As a result of these deportations, members of MS-13 have recruited more members in their home countries.[27] The Los Angeles Times contends that deportation policies have contributed to the size and influence of the gang both in the United States and in Central America.[25] According to the 2009 National Gang Threat Assessment, “The gang is estimated to have 30,000 to 50,000 members and associate members worldwide, 8,000 to 10,000 of whom reside in the United States.[1]

Since the first decade of the twenty-first century the gang has expanded into the Washington, D.C. area, in particular the areas of Langley Park and Takoma Park, Maryland.[28]

In 2004 the US FBI started the MS-13 National Gang Task Force. The FBI also began teaming with law enforcement in El Salvador, Honduras, Guatemala, and Mexico.[29]

In 2005 the office of U.S. Immigration and Customs Enforcement started Operation Community Shield. By 2011 this operation had made over 20,000 arrests, including more than 3,000 arrests of alleged MS-13 members.[30]

NYPD said that MS-13 were responsible for 17 murders between January 2016 and April 2016 in Long Island.[31]

On July 28, 2017, one day after 113 suspected MS-13 gang members were arrested by Salvadoran authorities,[32] President Donald Trump declared his goal of “eradicating” MS-13, calling them “animals” whose victims “die slowly because that way it’s more painful.”[33]

In an interview with Bill Ritter in late 2017, Nassau County, New York District Attorney Madeline Singas, referring to crimes committed by MS-13 gang members, stated: “The crimes that we’re talking about are brutal. Their weapon of choice is a machete. We end up seeing people with injuries that I’ve never seen before. You know, limbs hacked off. And that’s what the bodies look like that we’re recovering. So they’re brutal. They’re ruthless, and we’re gonna be relentless in our attacks against them.”[34]

Illegal immigration and human smuggling

According to The Washington Times, MS-13 “is thought to have established a major smuggling center” in Mexico.[35] There were reports by the Minuteman Project that MS members were ordered to Arizona to target U.S. Border Patrol agents and Minuteman Projectvolunteers.[36]

Robert Morales, a prosecutor for Guatemala, indicated to The Globe and Mail that some Central American gang members seek refugee status in Canada. Superintendent of the Royal Canadian Mounted Police integrated gang task force, John Robin, said in an interview that “I think [gang members] have a feeling that police here won’t treat them in the harsh manner they get down there.”[37] Robin noted that Canadian authorities “want to avoid ending up like the U.S., which is dealing with the problem of Central American gangsters on a much bigger scale”.[37]

The gang is violent to migrants on the southern border of Mexico.[38]

False Al-Qaeda connection

In 2005 Honduran Security Minister Oscar Álvarez and the President of El Salvador raised alarm by claiming that terrorist organisation Al-Qaeda was meeting with Mara Salvatrucha and other Central American gangs to help them infiltrate the United States. FBI agents said that the U.S. intelligence community and governments of several Central American countries found that there was no basis to believe that MS-13 was connected to Al-Qaeda or other Islamic radicals, although the head of the FBI task force on MS-13 did visit Central America to discuss the issue.[39]

Publicized crimes

The Central American population in North America is the primary victim of MS-13.[27] Many of the victims are minors.[17]

On July 13, 2003, Brenda Paz, a 17-year-old former MS-13 member turned informant was found stabbed to death on the banks of the Shenandoah River in Virginia. She was killed for informing the FBI about Mara Salvatrucha’s criminal activities; two of her former friends were later convicted of the murder.[40]

In 2004 the FBI created the MS-13 National Gang Task Force.[41] In 2005 the FBI helped create a National Gang Information Center (NGIC), and outlined a National Gang Strategy for Congress.[42]

On December 23, 2004, one of the most widely publicized MS-13 crimes in Central America occurred in Chamelecón, Honduras when an intercity bus was intercepted and sprayed with automatic gunfire from assault rifles,[43] killing 28 and wounding 14 civilian passengers, most of whom were women and children.[44] MS-13 organized the massacre as a protest against the Honduran government for proposing a restoration of the death penalty in Honduras. Six gunmen raked the bus with gunfire. As passengers screamed and ducked, another gunman climbed aboard and methodically executed passengers.[45] In February 2007 Juan Carlos Miranda Bueso and Darwin Alexis Ramírez were found guilty of several crimes including murder and attempted murder. Ebert Anibal Rivera was arrested over the attack after fleeing to Texas.[46] Juan Bautista Jimenez, accused of masterminding the massacre, was killed in prison; according to the authorities, fellow MS-13 inmates hanged him.[47] There was insufficient evidence to convict Óscar Fernando Mendoza and Wilson Geovany Gómez.[46]

An MS-13 suspect bearing gang tattoos is handcuffed.

On May 13, 2006, Ernesto “Smokey” Miranda, a former high-ranking soldier and one of the founders of Mara Salvatrucha, was murdered at his home in El Salvador a few hours after declining to attend a party for a gang member who had just been released from prison. He had begun studying law and working to keep children out of gangs.[48]

On June 6, 2006,[49] a teenage MS-13 gang member named Gabriel Granillo was stabbed to death at Ervan Chew Park, in the Neartown district in Houston, Texas.[50] Chris Vogel of the Houston Press wrote that the trial of the girl who stabbed Granillo, Ashley Paige Benton,[51] gave attention to MS-13.[52]

In 2007 Julio Chavez, a Long Island MS-13 member, allegedly murdered a man because he was wearing a red sweatshirt and mistaken for a member of the Bloods gang.[53]

On June 4, 2008, in Toronto, Ontario, police executed search warrants, made 21 arrests and laid dozens of charges following a five-month investigation.[54]

On June 22, 2008, in San Francisco, California, a 21-year-old MS-13 gang member, Edwin Ramos, shot and killed a father, Anthony Bologna, 48, and his two sons Michael, 20, and Matthew, 16 as they were returning home from a family barbecue. Their car had briefly blocked Ramos from completing a left turn down a narrow street .[55]

On November 26, 2008, Jonathan Retana was convicted of the murder of Miguel Angel Deras, which the authorities linked to an MS-13 initiation.[56]

Gang graffiti

In 2008 the MS-13 task force coordinated a series of arrests and crackdowns in the U.S. and Central America that involved more than 6,000 police officers in five countries. Seventy-three suspects were arrested in the U.S.; in all, more than 650 were taken into custody.[citation needed]

In February 2009 authorities in Colorado and California arrested 20 members of MS-13 and seized 10 pounds of methamphetamine, 2.3 kilograms (5 pounds) of cocaine, a small amount of heroin, 12 firearms, and $3,300 in cash.[57]

In June 2009 Edwin Ortiz, Jose Gomez Amaya and Alexander Aguilar, MS-13 gang members from Long Island who had mistaken bystanders for rival gang members, shot two innocent civilians. Edgar Villalobos, a laborer, was killed.[58]

On November 4, 2009, El Salvadoran leaders of the MS-13 gang allegedly put out a contract on the federal agent responsible for a crackdown on its New York factions, the Daily News learned. The plot to assassinate the unidentified Immigration and Customs Enforcement agent was revealed in an arrest warrant for reputed gang member Walter (Duke) Torres. Torres tipped authorities to the plan after he and four MS-13 members were stopped by NYPD detectives for hassling passersby on Northern Boulevard. in Queens, New York. He told police he had information to pass on; he was debriefed on October 22 at Rikers Island, where he was being held on a warrant issued in Virginia, according to court papers. Torres said “the order for the murder came from gang leadership in El Salvador”, ICE agent Sean Sweeney wrote in an affidavit for a new warrant charging Torres with conspiracy. Torres, who belonged to an MS-13 “clique” in Virginia, said he was put in charge, and traveled to New York in August “for the specific purpose of participating in the planning and execution of the murder plot”, Sweeney wrote. Gang members were trying to obtain a high-powered rifle to penetrate the agent’s bulletproof vest. Another MS-13 informant told authorities the agent was marked for death because the gang was “exceedingly angry” at him for arresting many members in the past three years, the affidavit states. The murder was supposed to be carried out by the Flushing clique, according to the informant. Federal prosecutors have indicted numerous MS-13 gang members on racketeering, extortion, prostitution, kidnapping, illegal immigration, money laundering, murder, people smuggling, arms trafficking, human trafficking and drug trafficking charges; the targeted special agent was the lead federal investigator on many of the federal cases.[59]

Sinaloa Cartel hierarchy in early 2008

In 2010 Rene Mejia allegedly murdered a Long Island 2-year-old baby and his mother.[53]

In August 2011 six San Francisco MS-13 members were convicted of racketeering and conspiracy, including three murders, in what was the city’s largest-scope gang trial in many years. Another 18 defendants reported to have ties to the gang pleaded guilty before trial.[60]

In 2011 the Vietnam Veterans Memorial in New Haven, Connecticut was vandalized several times with the “MS-13 tag” and “kill whites” in orange spray paint.[61]

In February 2012 a Federal judge convicted three MS-13 gang members of murder. Danilo Velasquez, the former leader of the San Francisco branch of MS-13, was sentenced to life imprisonment plus 10 years, and is incarcerated at USP Hazelton.[62]

In January 2016, over 400 Boston police officers were involved in the arrests of 37 MS-13 members, 56 were charged altogether. Guns, knives and money were also seized at the homes of the gang members. Massachusetts State Police Lt. Col. Frank Hughes commented in a public conference “in my 30 years of law enforcement, I’ve never seen a more violent gang out there. These are very very violent individuals. The violence is unspeakable.” The charges included immigration violations, racketeering, firearm and drug trafficking.[63]

In August 2017, two undisclosed members were charged with the January murder of civilian 19-year-old Julio Cesar Gonzales-Espantzay who was lured to a forest in Long Island where he was attacked with machetes and stabbed with knives. Nassau County police also said the two members were responsible for 21 murders in New York just short of 2 years. Authorities said the motive was to gain reputation.[64]

On 13/14 of August 2017, MS-13 New Jersey faction member Walter Yovany Gomez who was added to the FBI most wanted list in April 2017,[65] was apprehended and charged with the 2011 brutal murder of his friend Julio Matute for associating with another gang. After a night of drinking, Gomez and another MS-13 member smacked Matute on the head with a baseball bat, sliced his throat with a knife and stabbed him in the back with a screwdriver 17 times. Gomez managed to evade arrest but was later captured in Virginia where he was hiding out with other MS-13 gang members.[66]

The Washington, DC think tank Center for Immigration Studies released a report that listed 506 cases of MS-13 criminal acts in the United States between 2012 and 2018.[67]

In 2017, two MS-13 members, Miguel Alvarez-Flores and Diego Hernandez-Rivera, were arrested for kidnapping, raping, torturing, and drugging a 14-year-old girl for over 2 weeks. According to the 14-year-old, the members also held another victim, “Genesis”, hostage in the same apartment.[68]

The East Coast kingpin of the MS-13, Miguel Angel Corea Diaz, was arraigned April 19, 2018 in Nassau County Court in Mineola, New YorkLong Island, New York on charges including conspiracy to commit murder. He could be sentenced to life in prison if he is convicted. He was one of seventeen defendants in a 21 count indictment in January that charged him with several counts of conspiracy to commit murder and operating as a high level drug tracker of controlled substances. He was extradited on the week of April 23, 2018 from Prince George’s County, Maryland, where he was held since October. That earlier jailing was in lieu of $125,000 bail.[69]

Child prostitution

In 2011 Alonso “Casper” Bruno Cornejo Ormeno, an associate of MS-13 from Fairfax, Virginia was sentenced to 292 months in prison for child prostitution. Ormeno recruited juvenile females into a prostitution ring by locating runaway children.[70]

Rances Ulices Amaya, a leader of MS-13, of Springfield, Virginia was convicted in February 2012 for trafficking girls as young as 14 into a prostitution ring. He was sentenced in June 2012 to 50 years in prison for child prostitution. The girls were lured from middle schools, high schools, and public shelters. Once acquired by Amaya, they were required to have sex with as many as ten men per day.[71]

In September 2012 Yimmy Anthony Pineda Penado, also known as “Critico” and “Spike”, of Maryland was a former “clique leader” of MS-13. Penado became the eleventh MS-13 gang member to be convicted of child prostitution since 2011.[72]

Charlotte, North Carolina cases

In the first decade of the twenty-first century US authorities investigated MS-13 in Charlotte, North Carolina. Eventually the work led to charges against 26 MS-13 members, including 7 trial convictions in January 2010, 18 guilty pleas, and 11 multi-year prison sentences.[73]

This included the alleged first federal death-penalty conviction for an MS-13 member, Alejandro Enrique Ramirez Umaña, aka “Wizard” (age 25).[73]

In 2005, in Los Angeles, according to a jury in a later sentencing phase, Umaña murdered Jose Herrera and Gustavo Porras on July 27, and participated in and aided and abetted the killing of Andy Abarca on September 28. He later came to Charlotte, North Carolina, according to witnesses, as a veteran member of MS-13, to reorganize the Charlotte cell of the gang.[73]

According to witnesses at his trial on December 8, 2007, while in the Las Jarochitas, a family-run restaurant in Greensboro, North Carolina, Umaña shot Ruben Garcia Salinas fatally in the chest and Manuel Garcia Salinas in the head. Witnesses testified that the shootings took place after the Garcia Salinas brothers had “disrespected” Umaña’s gang signs by calling them “fake”. Firing three more shots in the restaurant, according to trial testimony, Umaña injured another person with his gunfire. Trial testimony and evidence showed that Umaña later fled back to Charlotte with MS-13 assistance. Umaña was arrested five days later in possession of the murder weapon. Additional evidence and testimony from the trial revealed that while Umaña was incarcerated awaiting trial he coordinated attempts to kill witnesses and informants.[73]

Umaña was indicted by a federal grand jury on June 23, 2008. During trial, he attempted to bring a knife with him to the courtroom, which was discovered by U.S. Marshals before he was transported to the courthouse. Thousands of hours were spent on the case over several years. International work was also involved.[73]

The case was investigated by the Charlotte Safe Streets Task Force. The case was prosecuted by Chief Criminal Assistant U.S. Attorney Jill Westmoreland Rose of the U.S. Attorney’s Office for the Western District of North Carolina, and Trial Attorney Sam Nazzaro from the Criminal Division’s Gang Unit. Assistant U.S. Attorneys Don Gast and Adam Morris of the U.S. Attorney’s Office for the Western District of North Carolina were also members of the government’s trial team.[73]

Charges included:[73]

  • Murder in aid of the racketeering enterprise known as MS-13, two counts
  • Murder resulting from the use of a gun in a violent crime, two counts
  • Conspiracy to participate in racketeering
  • Witness tampering or intimidation, two counts
  • Possession of a firearm by an illegal alien
  • Extortion

On April 19, 2010, the jury convicted Umaña of all charges, and additionally found him responsible for the 2005 murders during the sentencing phase. On April 28 a 12-person federal jury in Charlotte voted unanimously to impose the death penalty. On July 27, 2010, Chief U.S. District Judge Robert J. Conrad, Jr., of Charlotte, NC, formally imposed the federal death penalty sentence. Also commenting on the decision in the government press release were Assistant Attorney General Lanny A. Breuer, of the Criminal Division, U.S. Attorney Anne M. Tompkins of the Western District of North Carolina, Owen D Harris, Special Agent in charge of the Charlotte Division of the FBI, and Rodney Monreo, Charlotte-Mecklenburg Police Chief.[73]

The case was automatically appealed under Federal Rules of Criminal Procedure.[73]

Sanctions

In October 2012 the US Treasury Department announced a freeze on American-owned assets controlled by the organization and listed MS-13 as a Transnational Criminal Organization.[74] While the three leaders (José Luís Mendoza Figueroa, Eduardo Erazo Nolasco, and Élmer Canales Rivera) were imprisoned in El Salvador, they continued to give orders. As a result, the US Treasury Department imposed further sanctions in 2015, allowing the government to seize all assets controlled by these men and any business with these leaders would no longer be allowed.[75]

On November 16, 2017 the U.S. Department of Homeland Security (DHS), U.S. Department of Justice (DOJ), and Immigration and Customs Enforcement (ICE), officials announced that they arrested a total of 267 alleged MS-13 gang members and associates in Operation Raging Bull, which was carried out in two phases. The first phase was in September 2017, and resulted in 53 arrests in El Salvador. The second phases was between October 8 and November 11, 2017, and resulted in 214 arrests in the U.S. Charges included drug traffickingchild prostitutionhuman smugglingracketingconspiracy to commit murder.[76][77][78][79]

In film

  • Principal characters of the feature movie Sin Nombre (2009) are members of MS in ChiapasMexico and many of the traditions and practices of MS are depicted accurately (killings, tattoos, initiation, exploitation of migrants, etc.).
  • Violence by MS-13 against immigrants at Guatemala–Mexico border is pictured in the feature movie La vida precoz y breve de Sabina Rivas (2012).
  • National Geographic created a documentary in 2005 titled World’s Most Dangerous Gang,[80][81] portraying MS-13.
  • In the debut season of The History Channel’s television series Gangland released two full episodes covering MS-13:
  1. 2007 season 1 episode 2, titled “You Rat, You Die” – Former gang member turned informant Brenda Paz had been supplying the authorities with first-hand accounts of MS-13’s operations, later she was found dead.[82]
  2. 2008 season 1 episode 13, titled “Root of All Evil” – Reports on the drugs and prostitution rackets run by MS-13.[83][84]

See also

References

https://en.wikipedia.org/wiki/MS-13

In reference to ‘animals,’ Trump evokes an ugly history of dehumanization

 May 16 

President Trump on Thursday pointedly referred to undocumented immigrants as “animals” in a statement his critics say betrays a gross misunderstanding of the plight of people who came to the United States illegally, and beyond that, little sympathy for them.

During an immigration roundtable at the White House with administration aides, political leaders and California law enforcement officials, Trump said his administration was deporting undocumented immigrants who commit violent crimes.

Here’s the transcript:

Fresno County Sheriff Margaret Mims: Thank you. There could be an MS-13 member I know about — if they don’t reach a certain threshold, I cannot tell ICE about it.

President Trump: We have people coming into the country, or trying to come in — and we’re stopping a lot of them — but we’re taking people out of the country. You wouldn’t believe how bad these people are. These aren’t people. These are animals. And we’re taking them out of the country at a level and at a rate that’s never happened before. And because of the weak laws, they come in fast, we get them, we release them, we get them again, we bring them out. It’s crazy.

When it comes to undocumented immigrants, you don’t always know which Trump you are going to get. The same president who encourages attendees at his rally to chant “build that wall” also pledged to approach those who illegally immigrated to the United States as children with “great heart.”

The Post’s Robert Costa points out this isn’t the first time he’s used the term in an illegal immigration context.

Robert Costa

@costareports

President Trump has used the “animal” phrase going back, at least, to 2015. https://www.washingtonpost.com/news/post-politics/wp/2015/07/12/listening-to-donald-trump-swear-and-talk-politics-on-his-private-plane/  https://twitter.com/cspan/status/996845374819192833 

Listening to Donald Trump swear and talk politics on his private plane

The real estate mogul says, ‘I’ll keep doing my thing.’

washingtonpost.com

More recently, during a March news conference for the signing of a spending bill, Trump said, “I can tell you this, and I say this to DACA recipients, that the Republicans are with you. They want to get your situation taken care of. The Democrats fought us. But I do want the Hispanic community to know and DACA recipients to know that Republicans are much more on your side than the Democrats, who are using you for their own purposes.”

And that comment came about two months after Trump reportedly expressed his frustration with staffers while discussing the protection of immigrants from Haiti, El Salvador and African countries as part of a bipartisan immigration deal.

“Why are we having all these people from s—hole countries come here?” Trump asked, according to several people at the meeting, referring to countries mentioned by the lawmakers.

Since Trump launched his presidential campaign calling Mexican immigrants “rapists” and “murderers,” he has attracted scorn and praise for his hard-line immigration policies.

But while his critics previously called his policy proposals inhumane, these recent words caught on tape display how lowly Trump views those who commit crimes after arriving in the United States illegally.

This would not likely be a problem for much of Trump’s base. The president campaigned on a law-and-order platform, regularly providing examples of undocumented immigrants committing horrific crimes. To many of his supporters, honoring the humanity of individuals who behaved so inhumanely is not a priority.

But those who want to see the president take a more compassionate approach on immigration see statements like this as conflating the minority of undocumented immigrants who get involved with criminal activity with the “dreamers” and other law-abiding immigrants.

There’s important historical context here, too, that many social media users pointed out: Referring to marginalized groups as subhuman has been a way dictators have justified the abuse of those groups. This happened with the Jewish people during the Holocaust. It happen with the Tutsis during the Rwandan genocide. And it is happening with the Rohingya people in Burma.

Clint Smith

@ClintSmithIII

Before enslavement Africans were called “apes”

Before the Holocaust Jewish people were called “rats”

Before the Rwandan genocide Tutsis were called “cockroaches”

Calling undocumented people “animals” as the president just did is gravely serious. It’s not just an offensive word

Clint Smith

@ClintSmithIII

It’s easy to dismiss what Trump said as nonsense & it’s easy to see discussion about its potential impact as hyperbolic, but there is a long tradition of entire groups of people being likened to animals before & during periods of mass violence against them. pic.twitter.com/Ap943mO8x7

View image on TwitterView image on TwitterView image on Twitter

Generalizations and stereotypes led many citizens of those countries to view entire ethnic groups of people so negatively that respecting their lives was of little priority. This empowered people to discriminate against or even physically harm and kill them.

That’s a scary evocation, but more practically in the near term, Trump’s rhetoric will be fodder for his opponents as his party hurtles toward a midterm in which many of its endangered members will be saddled with Trump’s words.

This post has been updated.

https://www.washingtonpost.com/news/the-fix/wp/2018/05/16/trumps-animals-comment-on-undocumented-immigrants-earn-backlash-historical-comparisons/?noredirect=on&utm_term=.79eed67d784c

 

 

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The Pronk Pops Show 1068, April 26, 2018, Story 1: Bill Crosby Found Guilty of Three Counts of Aggravated Indecent Assault — Will Appeal Verdict and Get Reversal of Trial Judge — Drugs, Sex and Last Laughs — Predator Selection Process Is Not Random — White Rabbit — Videos –Story 2: Fixer FBI Front Man James Comey — Invincible Ignorance and/or Willful Blindness? — The Sound of Silence — Disturbed — Videos

Posted on May 1, 2018. Filed under: American History, Barack H. Obama, Bill Clinton, Blogroll, Breaking News, Communications, Congress, Constitutional Law, Corruption, Countries, Culture, Deep State, Donald J. Trump, Donald J. Trump, Donald Trump, Education, Elections, Empires, Employment, Federal Bureau of Investigation (FBI), Federal Bureau of Investigation (FBI) and Department of Justice (DOJ), Foreign Policy, Freedom of Speech, Government, Government Dependency, Government Spending, Health, Hillary Clinton, Hillary Clinton, Hillary Clinton, Hillary Clinton, House of Representatives, Human, Human Behavior, Independence, Law, Life, Lying, Media, News, Obama, People, Philosophy, Photos, Politics, Polls, Progressives, Radio, Raymond Thomas Pronk, Republican Candidates For President 2016, Rule of Law, Science, Security, Senate, Spying, Success, Surveillance/Spying, Taxation, Taxes, Terror, Terrorism, Unemployment, United Kingdom, United States Constitution, United States of America, Videos, Wall Street Journal, War, Wealth, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Bill Crosby Found Guilty of Three Counts of Aggravated Indecent Assault — Will Appeal Verdict and Get Reversal of Trial Judge — Drugs, Sex and Last Laughs — Predator Selection Process Is Not Random — Videos —

Jefferson Airplane – White Rabbit (Grace Slick, Woodstock, aug 17 1969)

White Rabbit
One pill makes you larger, and one pill makes you small
And the ones that mother gives you, don’t do anything at all
Go ask Alice, when she’s ten feet tall
And if you go chasing rabbits, and you know you’re going to fall
Tell ’em a hookah-smoking caterpillar has given you the call
And call Alice, when she was just small
When the men on the chessboard get up and tell you where to go
And you’ve just had some kind of mushroom, and your mind is moving low
Go ask Alice, I think she’ll know
When logic and proportion have fallen sloppy dead
And the white knight is talking backwards
And the red queen’s off with her head
Remember what the dormouse said
Feed your head, feed your head
Songwriters: Grace Wing Slick
White Rabbit lyrics © Universal Music Publishing Group

 

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Jefferson Airplane – Somebody To Love (Live at Woodstock Music & Art Fair, 1969)

 

Statute of limitations

From Wikipedia, the free encyclopedia

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.[1]

When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense against that claim is, or includes, that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time.

In civil law systems, similar provisions are typically part of their civil or criminal codes and known collectively as periods of prescription. The cause of action dictates the statute of limitations, which can be reduced (or extended) to ensure a fair trial.[2] The intention of these laws is to facilitate resolution within a “reasonable” length of time.[3] What period of time is considered “reasonable” varies from country to country, and within countries such as the United States from state to state.[4][5] Within countries and states, the statute of limitations may vary from one civil or criminal action to another. Some nations have no statute of limitations whatsoever.

Analysis of a statute of limitations also requires the examination of any associated statute of repose, tolling provisions, and exclusions.

Applications

Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case. In some civil jurisdictions (e.g., California),[1] a case cannot begin after the period specified, and courts have no jurisdiction over cases filed after the statute of limitations has expired. In some other jurisdictions (e.g., New South WalesAustralia), a claim can be filed which may prove to have been brought outside the limitations period, but the court will retain jurisdiction in order to determine that issue, and the onus is on the defendant to plead it as part of their defence, or else the claim will not be statute barred.

Once filed, cases do not need to be resolved within the period specified in the statute of limitations.

Purpose

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:[6]

  • A plaintiff with a valid cause of action should pursue it with reasonable diligence.
  • By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.
  • Litigation of a long-dormant claim may result in more cruelty than justice.

In Classical Athens, a five-year statute of limitations was established for all cases except homicide and the prosecution of non-constitutional laws (which had no limitation). Demosthenes wrote that these statutes of limitations were adopted to control “sycophants” (professional accusers).[7]

The limitation period generally begins when the plaintiff’s cause of action accrues, meaning the date upon which the plaintiff is first able to maintain the cause of action in court, or when the plaintiff first becomes aware of a previous injury (for example, occupational lung diseases such as asbestosis).

Statute of repose

statute of repose limits the time within which an action may be brought based upon when a particular event occurred (such as the completion of construction of a building or the date of purchase of manufactured goods), and does not permit extensions. A statute of limitations is similar to a statute of repose, but may be extended for a variety of reasons (such as the minority of the victim).

For example, most U.S. jurisdictions have passed statutes of repose for construction defects.[8][9][10][11] If a person receives an electric shock due to a wiring defect that resulted from the builder’s negligence during construction of a building, the builder is potentially liable for damages if the suit is brought within the time period defined by the statute, normally starting with the date that construction is substantially completed. After the statutory time period has passed, without regard to the nature or degree of the builder’s negligence or misconduct, the statute of repose presents an absolute defense to the claim.

Statutes of repose are sometimes controversial; manufacturers contend that they are necessary to avoid unfair litigation and encourage consumers to maintain their property. Alternatively, consumer advocates argue that they reduce incentives to manufacture durable products and disproportionately affect the poor, because manufacturers will have less incentive to ensure low-cost or “bargain” products are manufactured to exacting safety standards.

Tolling and the discovery rule

Many jurisdictions suspend, or toll, the limitation period under certain circumstances—for example, if the aggrieved party (plaintiff) is a minor or has filed a bankruptcy proceeding. In those instances, the running of limitations is tolled (paused) until the condition ends. Equitable tolling may also be applied if an individual may intimidate a plaintiff into not reporting or has been promised a suspended period.

The statute of limitations may begin when the harmful event (such as fraud or injury) occurs or when it is discovered. The Supreme Court of the United States has described the “standard rule” of when the time begins as “when the plaintiff has a complete and present cause of action”, a rule in existence since the 1830s.[12] A “discovery rule” applies in other cases (including medical malpractice), or a similar effect may be applied through tolling. As discussed in Wolk v. Olson, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication. In 2013 the Supreme Court of the United States ruled unanimously in Gabelli v. SEC that the discovery rule does not apply to U.S. Securities and Exchange Commission‘s investment-advisor-fraud lawsuits, since one purpose of the agency is to root out fraud.[13]

In private civil matters, the limitations period may generally be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code, the parties to a contract for sale of goods may reduce the limitations period to one year but not extend it.

Limitation periods known as laches may apply in situations of equity; a judge will not issue an injunction if the requesting party waited too long to ask for it. Such periods are subject to broad judicial discretion.

For U.S. military cases, the Uniform Code of Military Justice (UCMJ) states that all charges except those facing court-martial on a capital charge have a five-year statute of limitations. In all UCMJ proceedings except those headed for general court-martial, if the charges are dropped there is a six-month window in which they can be reinstated. If six months have passed without reinstatement, the statute of limitations has run out.

Prescription

In civil law countries, almost all lawsuits must be brought within a legally-determined period known as prescription. Under Italian[14] and Romanian law,[15] criminal trials must be ended within a time limit.

In criminal cases, the public prosecutor must lay charges within a time limit which varies by jurisdiction and varies based on the nature of the charge; in many jurisdictions, there is no statute of limitations for murder.[citation needed] Over the last decade of the 20th century, many United States jurisdictions significantly lengthened the statute of limitations for sex offenses, particularly against children, as a response to research and popular belief that a variety of causes can delay the recognition and reporting of crimes of this nature.[citation needed]

Common triggers for suspending the prescription include a defendant’s fugitive status or the commission of a new crime. A criminal may be convicted in absentia.[16] Prescription should not be confused with the need to prosecute within “a reasonable delay” as obligated by the European Court of Human Rights.

Laws by region

International crimes

Under international lawgenocidecrimes against humanity and war crimes are usually not subject to the statute of limitations as codified in a number of multilateral treaties. States ratifying the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity agree to disallow limitations claims for these crimes. In Article 29 of the Rome Statute of the International Criminal Court, genocide, crimes against humanity and war crimes “shall not be subject to any statute of limitations”.

Australia

The Limitations Act of 1958 allows 12 years for child survivors and the disabled to make a claim, with age 37 the latest at which a claim can be made. The police submitted evidence[17][not in citation given] to a commission, the Victorian Inquiry into Church and Institutional Child Abuse (in existence since 2012) indicating that it takes an average of 24 years for a survivor of child sexual abuse to go to the police.[18] According to Attorney General Robert Clark, the government will remove statutes of limitations on criminal child abuse; survivors of violent crime should be given additional time, as adults, to deal with the legal system.[19] Offenders of minors and the disabled have used the statute of limitations to avoid detection and prosecution, moving from state to state and country to country; an example presented to the Victorian Inquiry was the Christian Brothers.[20]

An argument for abolishing statutes of limitations for civil claims by minors and people under guardianship is ensuring that abuse of vulnerable people would be acknowledged by lawyers, police, organisations and governments, with enforceable penalties for organisations which have turned a blind eye in the past. Support groups such as SNAP Australia,[21] Care Leavers Australia Network[22] and Broken Rites have submitted evidence to the Victoria inquiry,[23] and the Law Institute of Victoria[24] has advocated changes to the statute of limitations.

Canada

For crimes other than summary conviction offences, there is no statute of limitations in Canadian criminal law. For indictable (serious) offences such as major theft, murder, kidnapping or sexual assault, a defendant may be charged at any future date;[25] in some cases, warrants have remained outstanding for more than 20 years.[26]

Civil law limitations vary by province,[27] with Ontario introducing the Limitations Act, 2002 on January 1, 2004.[28]

Germany

In Germany, statute of limitations on crimes varies by type of crime, with the highest being 30 years for second-degree murder (Totschlag). First-degree murder, genocide, crimes against humanity, war crimes and crime of aggression have no statute of limitations.

First-degree murder used to have 20 years statute of limitations, which was then extended to 30 years in 1969. The limitations were abolished altogether in 1979, to prevent Nazi criminals from avoiding criminal liability.

India

The statute of limitations in India is defined by the Limitations Act, 1963.[29]

The statute of limitations for criminal offences is governed by Sec. 468 of the Criminal Procedure Code.

Norway

The statute of limitations on murder was abolished by a change in law on 1 July 2014, causing any murders committed after 1 July 1989 to have no statute of limitations. This led to the national police force implementing a new investigation group for old cases called the “Cold Case” group. The law was also changed to let cases involving domestic violence, forced marriage, human trafficking and genital mutilation to count from the day the defendant turns 18 years old. Cases where the statute of limitations has already passed can not be extended due to the constitution preventing it.[30]

South Korea

In July 2015, the National Assembly abolished a 25-year-old statute on first degree murder; it had previously been extended from 15 to 25 years in December 2007.

United Kingdom

Unlike other European countries, the United Kingdom has no statute of limitations for serious sexual crimes.[31]

United States

In the United States, statutes of limitations may apply to both civil lawsuits and to criminal prosecutions. Statutes of limitations vary significantly between U.S. jurisdictions.

Civil statutes

A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case.[4] If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the charge.

Criminal statutes

A criminal statute of limitations defines a time period during which charges must be initiated for a criminal offense.[32] If a charge is filed after the statute of limitations expires, the defendant may obtain dismissal of the charge.[33]

Initiation of charges

The statute of limitations in a criminal case only runs until a criminal charge is filed and a warrant is issued, even if the defendant is a fugitive.[34]

When the identity of a defendant is not known, some jurisdictions provide mechanisms to initiate charges and thus stop the statute of limitations from running. For example, some states allow an indictment of a “John Doe” defendant based upon a DNA profile derived from evidence obtained through a criminal investigation.[35] Although rare, a grand jury can issue an indictment in absentia for high-profile crimes to get around an upcoming statute of limitations deadline. One example is the skyjacking of Northwest Orient Airlines Flight 305 by D.B. Cooper in 1971. The identity of D. B. Cooper remains unknown to this day, and he was indicted under the name “John Doe, aka Dan Cooper.” [36]

Heinous crimes

Crimes considered heinous by society have no statute of limitations. Although there is usually no statute of limitations for murder (particularly first-degree murder), judges have been known to dismiss murder charges in cold cases if they feel the delay violates the defendant’s right to a speedy trial.[37] For example, waiting many years for an alibi witness to die before commencing a murder trial would be unconstitutional. In 2003, the U.S. Supreme Court in Stogner v. California ruled that the retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law.[38]

State laws[edit]
State Misdemeanor Felony Notes
Wyoming No No No statute of limitations

Exceptions

U.S. jurisdictions recognize exceptions to statutes of limitation that may allow for the prosecution of a crime or civil lawsuit even after the statute of limitations would otherwise have expired.

Fraud upon the cour

When an officer of the court is found to have fraudulently presented facts to impair the court’s impartial performance of its legal task, the act (known as fraud upon the court) is not subject to a statute of limitation. Officers of the court include lawyers, judges, referees, legal guardians, parenting-time expeditors, mediators, evaluators, administrators, special appointees and any others whose influence is part of the judicial mechanism. Fraud upon the court has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication”.[39] In Bulloch v. United States, the 10th Circuit Court of Appeals ruled: “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury … It is where the court or a member is corrupted or function—thus where the impartial functions of the court have been directly corrupted.”[40]

Continuing-violations doctrine

In tort law, if a defendant commits a series of illegal acts against another person (or in criminal law if someone commits a continuing crime) the limitation period may begin to run from the last act in the series. In the 8th Circuit case of Treanor v. MCI Telecommunications, Inc., the court explained that the continuing-violations doctrine “tolls [freezes] the statute of limitations in situations where a continuing pattern forms due to [illegal] acts occurring over a period of time, as long as at least one incident … occurred within the limitations period.”[41] Whether the continuing-violations doctrine applies to a particular violation is subject to judicial discretion; it was ruled to apply to copyright infringement in Taylor v. Meirick (712 F.2d 1112, 1119; 7th Cir. 1983) but not in Stone v. Williams (970 F.2d 1043, 1049–50; 2d Cir. 1992).[42]

Military law

Under the U.S. Uniform Code of Military Justice (UCMJ), desertion has no statute of limitations.[43]

See also

References

https://en.wikipedia.org/wiki/Statute_of_limitations

 

Story 2: Fixer FBI Front Man James Comey — Invincible Ignorance and/or Willful Blindness? — The Sound of Silence — Disturbed — Videos

See the source image

See the source image

See the source image

James Comey on Clinton probe, Russia investigation

Comey on McCabe firing, Page-Strzok texts, Trump meeting

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Comey had no control at the FBI: Jason Chaffetz

Mark Levin: Bret Baier & James Comey: My opinion about the interview (audio from 04-27-2018)

Mark Levin: House Intel report: Obama administration did more to interfere the election than Russia

FBI Director James Comey FULL STATEMENT on Hillary Clinton Email Investigation (C-SPAN)

Rep. Trey Gowdy (R-SC) questions FBI Director Comey on Hillary Clinton Email Investigation (C-SPAN)

Jim Jordan Confronts James Comey About His Own Friends Saying They Would Prosecute Hillary Clinton!

FBI Chief James Comey Testifies on Clinton Email Probe Before House Committee

Clinton has lied repeatedly about funding the dossier: Kennedy

Who paid for Trump-Russia dossier?

Watergate reporter: Russia dossier is garbage

York: Washington Free Beacon was original Fusion GPS funder

Kurtz: Journalists don’t hire opposition research firms

Mark Levin: Washington Free Beacon funded the original Fusion GPS anti-Trump opposition effort

What you need to know about Fusion GPS, the Trump dossier and Russia

Still Report #1179 – Why Did FBI Director Comey Refuse to Indict Crooked Hillary Clinton? Corruption

FBI Fails to Indict Hillary Clinton, the Political Class is Above the Law

Congressman Issa Says FBI Director Comey Is Lying About Hillary Clinton’s Criminal Intent!

Invincible Ignorance

Margaret Heffernan: The dangers of “willful blindness”

How Willful Blindness Keeps Everyone Living a Lie | Interview with Margaret Heffernan

The sound of things not being said | Margaret Heffernan

Margaret Heffernan: how can we combat wilful blindness…?

Dare to disagree | Margaret Heffernan

Trey Gowdy on Baier’s interview with Comey

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Why James Comey likens Trump to a ‘forest fire’: Part 1

James Comey Interview Part 2: The Hillary Clinton email investigation

James Comey Interview: Are there Trump tapes?

The emotional moment James Comey shared with President Obama after the 2016 election

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Body Language Expert Discusses Former FBI Director James Comey’s Testimony

The Sound of Silence (Original Version from 1964)

Simon & Garfunkel – The Sound of Silence 1966 live

Disturbed – The Sound Of Silence [Official Music Video]

The Sound of Silence
Hello darkness, my old friend
I’ve come to talk with you again
Because a vision softly creeping
Left its seeds while I was sleeping
And the vision that was planted in my brain
Still remains
Within the sound of silence
In restless dreams I walked alone
Narrow streets of cobblestone
‘Neath the halo of a street lamp
I turned my collar to the cold and damp
When my eyes were stabbed by the flash of a neon light
That split the night
And touched the sound of silence
And in the naked light I saw
Ten thousand people, maybe more
People talking without speaking
People hearing without listening
People writing songs that voices never share
And no one dared
Disturb the sound of silence
Fools, said I, you do not know
Silence like a cancer grows
Hear my words that I might teach you
Take my arms that I might reach you
But my words, like silent raindrops fell
And echoed in the wells of silence
And the people bowed and prayed
To the neon god they made
And the sign flashed out its warning
In the words that it was forming
And the sign said, the words of the prophets are written on the subway walls
And tenement halls
And whispered in the sounds of silence
Songwriters: Paul Simon
The Sound of Silence lyrics © Universal Music Publishing Group

 

Military Prosecutions Show That a Gross Negligence Prosecution Would Not Unfairly Single Out Mrs. Clinton

In questioning by Congressman Trey Gowdy (R., S.C.), Director Comey seemed to concede that the statute criminalizing the mishandling of classified information through gross negligence may well be constitutional. That cuts against his testimony throughout the hearing, during which he argued that prosecuting a serious offense without requiring proof of an intent to cause harm would violate American tradition and, quite possibly, the Constitution.

The director maintains, however, that using the statute to prosecute Mrs. Clinton would be inappropriate even if the statute is valid. This, he reasons, is because the statute has only been used once since its enactment in 1917. The idea is that using it against her would amount to unlawful selective prosecution. 

I am puzzled by this argument for several reasons, but I will limit this post to just one of them: The fact that the statute has been used repeatedly in military prosecutions – and that at least one military court decision undermines arguments Director Comey has made about the state-of-mind proof required.

The military prosecutions for gross negligence in the mishandling of classified information were discussed by former Attorney General Michael Mukasey in a Wall Street Journal column following Director Comey’s press conference on Tuesday. While it is certainly true that the FBI does not handle such investigations, the military courts are part of the United States justice system. Military cases litigate many of the same statutes and precedents (especially, Supreme Court precedents) that are applicable in the civilian justice system.

One relevant military case, United States v. McGuinness, is from 1992 – hardly ancient history. It involved a navy operations specialist sentenced to two years’ confinement (and other penalties) because, over his years of service, he retained 311 “classified items” unsecured in his home. While he was charged under Section 793, it was not under subsection (f) – the subsection of the statute most relevant to Mrs. Clinton, involving the grossly negligent mishandling of classified information – but under subsection (e), which criminalizes willful mishandling of classified information. Nevertheless, the case is highly relevant to our consideration of Director Comey’s recommendation against prosecution.

The defendant in McGuinness claimed that he merely intended to keep the classified items as personal reference materials, not to improperly disseminate them. Thus, he contended that willfulness, the mens rea (state of mind) proof requirement in Section 793(e), was legally insufficient. It was not enough, he insisted, for the prosecution to prove he had knowingly violated a legal duty regarding the safekeeping of classified information; the government needed in addition to prove bad faith – meaning: that he intended to do harm.

Obviously, this is very similar to Director Comey’s theory that, in a Section 793(f) case, it is not enough for the prosecution to prove mere “gross negligence,” even though that’s what subsection (f) says. The director claims the statute should be read to require additional proof of an intent to cause harm.

In McGuinness, the U.S. Court of Military Appeals rejected the defendant’s claim, and it did so in a way that is instructive for our purposes. The judges explained that in Section 793 (part of the codification of the Espionage Act of 1917), Congress sought to establish a sliding scale of violations involving the mishandling of classified information. The first subsection – Sec. 793(a) – requires proof of “intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation.” Subsequent subsections – Sec. 793(d) and (e) – “require only that the accused act ‘willfully’” (i.e., in violation of a known legal duty, but not necessarily with intent to harm the U.S.). Finally, the court turned to the subsection at issue in Mrs. Clinton’s case: “Section 793(f) has an even lower threshold, punishing loss of classified materials through ‘gross negligence’ and punishing failing to promptly report a loss of classified materials.” (Emphasis added.)

Note that the judges matter-of-factly endorse Congress’s framework: There is no hint of a problem with the concept of employing the criminal law to punish a related series of national security offenses from the most serious, involving intent to harm the United States, down to the least serious, involving gross negligence. Within that framework, the court rejects the claim that the less serious offenses require proof of the higher criminal intent called for in the more serious offenses.

Clearly, Director Comey’s argument is analogous to the one the McGuinness Court rejects – i.e., that Congress mustn’t have meant what it said when it criminalized mere “gross negligence.” In positing his theory, Comey did not refer to this sliding statutory scale in which Section 793(f) is at the bottom. What McGuinness makes clear, though, is that Congress conceived a scale involving grades of misconduct and precisely meant to criminalize gross negligence at the bottom of it. If the mishandling of classified information involves more serious criminal intent, prosecutors should simply charge a more serious offense. Pace Director Comey, it is not as if all the different offenses in the series merge into one, with the least serious one requiring the most serious mental state.

The military prosecutions under Section 793(f) illustrate that to prosecute Mrs. Clinton for this offense would not be to single her out. Perhaps more significantly, the offenses for which comparatively low level military personnel have been prosecuted pale in seriousness compared to the offense of the former Secretary of State.

Mrs. Clinton set up her own unauthorized and non-secure communications system, well aware that the nation’s most sensitive classified information would likely be transmitted on it, in violation of laws and guidelines she was obliged to enforce as the head of one of the government’s most important departments. By contrast, as Judge Mukasey outlined, the military cases are “reported felony prosecutions of soldiers for putting copies of classified documents in a gym bag and then not returning them out of fear of discovery; placing classified documents in a friend’s desk drawer and forgetting them; tossing documents meant to be destroyed in a dumpster rather than in the appropriate facility.”

If we are truly worried about a double standard, how can it be that the prosecution of these military officials is appropriate but the former secretary of state has immunity?

https://www.nationalreview.com/corner/military-prosecutions-show-gross-negligence-prosecution-would-not-unfairly-single-out/

Mens Rea and Hillary Clinton

Over the course of a year, many political pundits have prognosticated that the FBI’s criminal investigation of Hillary Clinton’s use of a private email server to conduct all business while secretary of state will result in no FBI referral for indictment given the difficulty of proving the required element of “intent” with respect to her actions. President Obama returned to this familiar refrain in his April 10th televised interview by describing her actions as “careless”, but adding, “She would never intentionally put America in any kind of jeopardy.” Interest in the investigation has vacillated with intermittent periods of intense scrutiny engendered by a leak of details of the FBI investigation or the production of a detailed accounts such as Robert O’Harrow’s excellent reporting in a March 27th Washington Post articleWe now appear to be in a period where most have concluded it a fait accompli that a referral for indictment will not be forthcoming. However, many of the experts’ conclusions of “no referral coming” may be based upon a fundamental misunderstanding of “intent”.  Additionally, the vast majority of media reporting has focused upon Secretary Clinton’s conduct while secretary of state. However, her greatest criminal exposure may well lie in her actions vis a vis the private server after returning to private citizenship.  A few pertinent facts need be stated to support these conclusions.

The day after commencing her role as the secretary of state, Clinton signed an SF (Standard Form) 312. This document certified her understanding of the classified system, and her awareness of criminal penalties for disclosure of classified information.  Most importantly she therein acknowledged: “I agree that I shall return all classified materials which have, or may come into my possession of for which I am responsible because of such access…. upon the conclusion of my employment or other relationship that requires address to classified information.” She subsequently acknowledged in SF 312 that a failure to do such could be violations of 18 U.S.C  793 and/or 1924 of the Criminal Code of the United States.

In connection with her February 1, 2013 departure from the State Department, Clinton was clearly responsible under the State Department’s own records-management manual to prepare an inventory of personal papers and government materials, along with any proposal for retention of papers in the inventory for requisite State Department approval. The purpose of the procedure was, by its own terms, to certify that the documentary materials proposed for removal could be removed without diminishing the official records of the department or violation of national security or other restrictions on disclosure. The SF 312 requirements specifically encompassed in its coverage “Presidential appointees confirmed by the Senate.” Secretary Clinton did not comply with any of the SF 312 procedures upon her departure from the State Department, but rather, simply retained her private server. Her document retention included at least 22 TOP SECRET/SAP documents. She continued to maintain the server in the basement of her Chappaqua, New York home. In May 2013 she turned over the server to Platte River Networks that matriculated all of Clinton’s emails to another server. The emails were additionally backed up by a cloud-based backup server for recovery in the event the primary server failed. Platte River Networks was not authorized to be a custodian of these government records. For 22 months after Clinton’s departure from State, the existence of the server was unknown to the vast majority of the federal government and the public at large. Admittedly, some State Department personnel were aware of the server. The existence of the server was first discovered by the Benghazi Special Committee in early 2015, and was brought to public by the New York Times on March 24, 2015.

The absence of an evil motive as an element of violating these statutes is confirmed in opinions wherein the courts have rejected arguments of government leakers that their press leaks were not motivated by evil intent, but rather, with the best interests of the United States at heart.

The four most applicable Espionage Act statutes to Clinton’s post resignation detention of government records are 18 U.S.C. §§ 793, 798, 1924, and  2071. These statutes frequently define the mens rea requirement in terms of willfully, intentionally, and knowingly. A comprehensive analysis of all elements of these statues would require a multipage brief. It is critical to note that these various mens rea do not include proving intent to injure the United States. Nevertheless, mens rea requirements are slippery to define. In essence, the term “willfully” can best be defined as an intentional act with knowledge that it violates the law. “Specific intent”, applicable to some of the foregoing statutes, is defined as intending to commit a particular act with knowledge of a consequence to follow or intending a consequence. “Knowingly” refers generally to being aware that the conduct is of such nature as is prohibited by law, or in other contexts, that certain prohibited consequences will be the natural consequence of the action. Section 793(f) even lowers the requisite mens rea to gross negligence, generally defined as a very great negligence, or the absence of slight diligence, or the want of even scant care. It amounts to indifference so far as other persons are concerned. 

In summary, Secretary Clinton’s conduct included (1) Written acknowledgement of the unlawfulness of maintaining personal custody of classified information after departure from her post as secretary of state; (2) Her acknowledgement, in March 2015, that she was familiar with the rules governing classification; (3) Her conscious decision to forego complying with the known requisite procedures, concerning documentation or its removal upon departure from the State Department; (4) Her unilateral decision to freely move the governmental documents to the Platte River server; and (5) Her subsequent unilateral destruction of documents including some that were clearly governmental as opposed to private in nature

The foregoing conduct reflects an intentional private retention of classified and other federal records whose proper place of custody was with the State Department. There is evidence that the acts were done not only intentionally, but with knowledge of the unlawfulness of the acts as opposed to being a product of mere carelessness on the part of Secretary Clinton. For example, unilaterally avoiding the SF 312 requirements upon her departure from State, coupled with retention of the materials for 22 months in the face of Freedom of Information Act (“FOIA”) and a congressional subpoena to the State Department, confirms that another motive other than her stated “convenience” was present in Secretary Clinton’s actions. In short, she wished to place the documents beyond the purview of public scrutiny under FOIA or through subpoena by retaining them in her custody as a private citizen. Ultimately, the discovery of her personal custody over the private server necessitated the reopening of previously closed FOIA lawsuits for purposes of supplementing the requested productions with Secretary Clinton’s emails.  Her private retention additionally explains why the first subpoena from the Benghazi Special Committee to the State Department, encompassing all related Benghazi documents, resulted in the production of a grand total of eight Clinton emails. After the discovery of the private email server, Clinton was to produce approximately 55,000 pages of federal records

The cited statutes from the Espionage Act can, for the most part, be summarized as prohibiting the willful or intentional removal of classified information from its proper place of custody, prohibiting the willful concealment of classified information that has been maintained by the government, and prohibiting intentional destruction of classified materials. In the case of §§ 793 and 2071, the materials need not rise to the level of “classified.” Her private retention of the government records for 22 months and transfer to Platte River evidences intent to conceal the existence of the records. Her destruction of some of the government records certainly appear to fulfill the various mens rea requirements of one or more of these federal statutes. Indeed, her compilation of the records without the participation of the State Department coupled with the deletion of so called “private emails” is among the most damning evidence against Clinton. Completion of the FBI’s investigation and any referral awaits  

Andrew F. Emerson is an attorney in Dallas, Texas and a frequent legal commentator. He can be reached by Twitter at Andrew Emerson@ConservAnalysi1

https://www.americanthinker.com/articles/2016/04/emmens_reaem_and_hillary_clinton.html#ixzz5EIkRLURn

FLASHBACK–Levin: ‘Sect. 793 of Penal Code … Is What Hillary Clinton Has to Worry About’

Margaret Knapp

By Margaret Knapp | August 13, 2015 | 3:27 PM EDT

“Section 793 of the Penal Code, Subsection (f)…is what Hillary Clinton has to worry about,” nationally syndicated radio show host Staff Mark Levin said on his Wednesday broadcast during a legal analysis of Clinton’s use of a private server while she was secretary of state.

“My point is when you set up an unsecured server in your barn adjacent to your home in Chappaqua, New York, you have intentionally – forget about negligence – you have intentionally bypassed the security process for that server,” said Levin, a former chief of staff at the Justice Department.

Here is the transcript of what Levin had to say:

“I want to read to you Section 793 of the Penal Code, Subsection (f), because this is what Hillary Clinton – among other things, but this in particular – is what Hillary Clinton has to worry about.

“Here’s the law: ‘Whoever being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note or information relating to the national defense …”

“By the way, this is part of what’s called the Espionage Act.

“Subset one: ‘… through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, abstracted or destroyed …’

“Got that? I’ll get to the next section later. I’m hearing on TV: ‘It depends on her intent, it depends on her intent.’ No it doesn’t, not with respect to this, Subsection (f).

Or two, “… having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust or lost or stolen or abstracted…” and so forth.

“So here’s her problem. Subsection one: “… through gross negligence permits the same to be removed from its proper place of custody …’

“The entire server was not supposed to be – it turns out it’s in her barn. She has a barn on her property. So any classified information, including top-secret information, which is the highest of the classified information, Code Black top-secret information.

“I was read into these programs. I was trained. I can’t remember everything, I don’t have them now and by the way, it’s a lifetime requirement that you keep this information secret. It’s not like you leave the administration and you go blabbing about it. No. You can’t. You can never talk about it unless it’s been declassified.

“But let me underscore this again. It really is in plain English. Section 793, you can Google it yourself, of the Penal Code, Subsection (f): ‘Whoever being entrusted with or having lawful possession or control of any document, writing, code book…’ and so forth and so on.

“… through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, abstracted or destroyed.

“And I want to stop there because my point is when you set up an unsecured server in your barn adjacent to your home in Chappaqua, New York, you have intentionally – forget about negligence – you have intentionally bypassed the security process for that server.

“Now, that’s a higher standard. Let’s move it to the lower standard, which is still a crime.

“Let’s say you didn’t think or didn’t know that you were intentionally bypassing the process that is used to secure that server and that information, which seems absurd to me, but let’s play along.

“Okay, if you do it through gross negligence, you permit the same to be removed from its proper place. So I would argue to you, when that server was removed and information was flowing through it, including classified and especially top-secret information, boom. You did it.

“And every time that happened, ladies and gentlemen, that’s considered a count. You don’t aggregate at all. Every time that happened, that’s considered a violation of the statute.

“Now what’s the penalty if you’re found guilty? ‘Shall be fined under this title or imprisoned not more than 10 years or both.’ I didn’t check the fine, but I’m sure it’s substantial. Ten or 20 grand a violation.

“Now this is why typically the Justice Department, through the Public Integrity Section or the U.S. attorney’s office, would direct the FBI to get involved because of the potential criminality of what took place regardless of who the person is.”

https://www.cnsnews.com/blog/margaret-knapp/levin-sect-793-penal-code-what-hillary-clinton-has-worry-about

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The Pronk Pops Show 1032, February 13, 2018, Story 1: General Flynn Did Not Lie To FBI According To Former FBI Director Comey — Department of Justice Railroaded General Flynn — Videos — Story 2: Former National Security Adviser Susan Rice Last Minute Inauguration Day CYA (Obama) Email On Russia That Obama Wants Investigations By The Book — No Not The Law — Yes The Book was Rules for Radicals by Saul Alinsky — Videos

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Story 1: General Flynn Did Not Lie To FBI According To Former FBI Director Comey — Department of Justice Railroaded General Flynn — Videos — 

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Meet the Inspector General

Photo of Michael E. Horowitz

Michael E. Horowitz was sworn in as the Inspector General of the Department of Justice (DOJ) on April 16, 2012, following his confirmation by the U.S. Senate.  Mr. Horowitz was previously confirmed by the Senate in 2003 to serve a six-year term as a Commissioner on the U.S. Sentencing Commission.

As Inspector General, Mr. Horowitz oversees a nationwide workforce of more than 450 special agents, auditors, inspectors, attorneys, and support staff whose mission is to detect and deter waste, fraud, abuse, and misconduct in DOJ programs and personnel, and to promote economy and efficiency in Department operations.  Since 2015, he has simultaneously served as the Chair of the Council of the Inspectors General on Integrity and Efficiency (CIGIE), an organization comprised of all 73 federal Inspectors General.

Mr. Horowitz worked from 2002 to 2012 as a partner at Cadwalader, Wickersham, & Taft LLP, where he focused his practice on white collar defense, internal investigations, and regulatory compliance.  He also was a board member of the Ethics Resource Center and the Society for Corporate Compliance and Ethics.

Prior to working in private practice, Mr. Horowitz worked in DOJ from 1991 to 2002.  He served as an Assistant U.S. Attorney for the Southern District of New York from 1991 to 1999, where he was the Chief of the Public Corruption Unit and a Deputy Chief of the Criminal Division.  In 1995, he was awarded the Attorney General’s Award for Distinguished Service for his work on a complex police corruption investigation.  Thereafter, he worked in the DOJ Criminal Division in Washington from 1999 to 2002, first as a Deputy Assistant Attorney General and then as Chief of Staff.  Mr. Horowitz began his legal career as a law clerk for Judge John G. Davies of the U.S. District Court for the Central District of California and as an associate at Debevoise & Plimpton.

Mr. Horowitz earned his Juris Doctor, magna cum laude, from Harvard Law School and his Bachelor of Arts, summa cum laude, from Brandeis University.

https://oig.justice.gov/about/meet-ig.htm

Byron York: Comey told Congress FBI agents didn’t think Michael Flynn lied

Congressional investigators are baffled by the turn of events in the Michael Flynn case. But they know they find the Flynn case troubling, from start to finish. (AP)Congressional investigators are baffled by the turn of events in the Michael Flynn case. But they know they find the Flynn case troubling, from start to finish. (AP)

Jan. 23, the Washington Post reported that the FBI had reviewed the Flynn-Kislyak calls and “has not found any evidence of wrongdoing or illicit ties to the Russian government.” (The calls had been intercepted by U.S. intelligence because the U.S. monitored the Russian ambassador’s communications — something which Flynn, a former chief of the Defense Intelligence Agency, surely knew.)

Still, Flynn’s conversation had the attention of the Obama Justice Department, and in particular of deputy attorney general Sally Yates, who reportedly believed Flynn might have violated the Logan Act, a 218 year-old law under which no one had ever been successfully prosecuted. (Two people were charged in the 19th century, but the cases were dropped.)

Despite the high level of classification, word of the Justice Department’s concerns got to the press. On Jan. 12, Washington Post columnist David Ignatius reported that Flynn and Kislyak had talked. “What did Flynn say, and did it undercut U.S. sanctions?” Ignatius asked. “The Logan Act (though never enforced) bars U.S. citizens from correspondence intending to influence a foreign government about ‘disputes’ with the United States. Was its spirit violated?”

Three days later, on Jan. 15, Vice President-elect Mike Pence (remember, this was all happening before the Trump administration took office) denied that Flynn had discussed sanctions with the Russian ambassador. “They [Flynn and Kislyak] did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia,” Pence told CBS.

On Jan. 20, Donald Trump became president. On Jan. 22, the Wall Street Journal reported that “U.S. counterintelligence agents have investigated communications” between Flynn and Kislyak. The investigation “aimed to determine the nature of Mr. Flynn’s contact with Russian officials and whether such contacts may have violated laws.”

On Jan. 24, the Justice Department — the Obama holdover Yates had become the acting attorney general — sent two FBI agents to the White House to question Flynn, who talked to them without a lawyer present.

It has sometimes been asked why Flynn, a man long familiar with the ways of Washington, would talk to the FBI without a lawyer. There seems to be no clear answer. On the one hand, as national security adviser, Flynn had plenty of reasons to talk to the FBI, and he could have reasonably thought the meeting would be about a prosaic issue involved in getting the new Trump National Security Council up and running. On the other hand, the media was filled with talk about the investigation into his conversations with Kislyak, and he might just as reasonably have thought that’s what the agents wanted to discuss. In any event, Flynn went ahead without an attorney present.

In addition, it appears the FBI did not tell White House officials, including the National Security Council’s legal adviser or the White House counsel, that agents were coming to interview the national security adviser over a potentially criminal matter.

Two days later, on Jan. 26, Yates and a high-ranking colleague went to the White House to tell counsel Don McGahn about the Flynn situation. “The first thing we did was to explain to Mr. McGahn that the underlying conduct that Gen. Flynn had engaged in was problematic in and of itself,” Yates testified in a May 2017 appearance before a Senate Judiciary Committee subcommittee. That was an apparent reference to the Logan Act, although Yates never specifically said so. “We took him [McGahn] through in a fair amount of detail of the underlying conduct, what Gen. Flynn had done.”

Yates then explained to McGahn her theory that Flynn might be vulnerable to blackmail. The idea was that Flynn had discussed sanctions with Kislyak, which of course the Russians knew. And then if Flynn lied to Pence, and Pence made a public statement based on what Flynn had told him, then the Russians might be able to blackmail Flynn because they, the Russians, knew Flynn had not told the vice president the truth.

It was a pretty far-fetched notion, but, along with the never-successfully-prosecuted Logan Act, it was apparently the basis upon which the FBI went inside the White House to do an unannounced interview of a key member of the new administration.

In their discussion, McGahn asked Yates: Even if one White House official lied to another, what’s that to the Justice Department? “It was a whole lot more than one White House official lying to another,” Yates testified. “First of all, it was the vice president of the United States and the vice president had then gone out and provided that information to the American people who had then been misled and the Russians knew all of this, making Mike Flynn compromised now.”

Yates went to see McGahn twice, on Jan. 26 and Jan. 27. On Feb. 13, Flynn resigned. That same day, the Washington Post reported that the Justice Department had pursued Flynn on the grounds of a potential Logan Act violation.

“Yates, then the deputy attorney general, considered Flynn’s comments in the intercepted call to be ‘highly significant’ and ‘potentially illegal,’ according to an official familiar with her thinking,” the Post reported. “Yates and other intelligence officials suspected that Flynn could be in violation of an obscure U.S. statute known as the Logan Act, which bars U.S. citizens from interfering in diplomatic disputes with another country.”

On Feb. 14, the New York Times reported that, “Obama advisers grew suspicious that perhaps there had been a secret deal between the incoming [Trump] team and Moscow, which could violate the rarely enforced, two-century-old Logan Act barring private citizens from negotiating with foreign powers in disputes with the United States.” (The paper added that the Obama advisers asked the FBI if Flynn and Kislyak had discussed a quid pro quo, only to learn the answer was no.)

At that point, the public still did not know that the Jan. 24 FBI interview of Flynn had taken place. That report came on Feb. 17, when the Washington Post reported the interview in a story headlined, “Flynn told FBI he did not discuss sanctions.” That was the piece that noted Flynn was in legal jeopardy, and that, “Lying to the FBI is a felony offense.”

Congress, in the meantime, was in the dark about what was going on. Given the intense discussion of the Flynn case in the media, there was no doubt lawmakers were going to want to know what was happening in the Flynn matter, as well as other aspects of the Trump-Russia investigation. (At that point, the FBI had never even publicly acknowledged that there was an investigation into the Trump campaign and Russia.)

So Comey went to Capitol Hill in March to brief lawmakers privately. That is when he told them that the FBI agents who interviewed Flynn did not believe Flynn had lied, or that any inaccuracies in Flynn’s answers were intentional. And that is when some lawmakers got the impression that Flynn would not be charged with any crime pertaining to the Jan. 24 interview.

There was still the possibility Flynn could face legal trouble for something else, like failing to register his representation of Turkey. But as far as the question of a “1001 charge” — a charge of lying to investigators, known by its number in the federal code — some lawmakers took that as a sign that Flynn was out of the woods.

On the other hand, the FBI does not make prosecution decisions. (That was not true, of course, in the case of the Clinton email investigation, in which the attorney general effectively gave Comey the decision of whether or not to prosecute.) It could be that the FBI agents who did the questioning were overruled by Justice Department officials who came up with theories like Flynn’s alleged violation of the Logan Act or his alleged vulnerability to blackmail.

In any event, much happened after the FBI director’s March briefings of Congress. In May, the president fired Comey. The Justice Department, under Trump-appointed deputy attorney general Rod Rosenstein, chose Robert Mueller to be the Trump-Russia special counsel. Mueller gathered a number of prosecutors known for tough, take-no-prisoners tactics. And on Dec. 1, Flynn pleaded guilty to lying to the FBI.

Yates went on to become a heroine of the Trump resistance (and at least one of Mueller’s prosecutors) after she refused to enforce the president’s travel ban executive order, and Trump summarily fired her. Her legacy lives on in United States v. Michael T. Flynn.

But to outside observers, mystery still surrounds the case. To some Republicans, it appears the Justice Department used a never-enforced law and a convoluted theory as a pretext to question Flynn — and then, when FBI questioners came away believing Flynn had not lied to them, forged ahead with a false-statements prosecution anyway. The Flynn matter is at the very heart of the Trump-Russia affair, and there is still a lot to learn about it.

http://www.washingtonexaminer.com/byron-york-comey-told-congress-fbi-agents-didnt-think-michael-flynn-lied/article/2648896

 

Exclusive: CIA Ex-Director Brennan’s Perjury Peril

House Intelligence Committee Chairman Devin Nunes next plans to investigate the role former CIA Director John Brennan and other Obama intelligence officials played in promoting the salacious and unverified Steele dossier on Donald Trump — including whether Brennan perjured himself in public testimony about it.

In his May 2017 testimony before the intelligence panel, Brennan emphatically denied the dossier factored into the intelligence community’s publicly released conclusion last year that Russia meddled in the 2016 election “to help Trump’s chances of victory.”

Brennan also swore that he did not know who commissioned the anti-Trump research document (excerpt here), even though senior national security and counterintelligence officials at the Justice Department and FBI knew the previous year that the dossier was funded by the Hillary Clinton campaign.

Last week, Nunes (R-Calif.) released a declassified memo exposing surveillance “abuses” by the Obama DOJ and FBI in their investigation of Trump’s ties to Russia. It said the agencies relied heavily on the uncorroborated dossier to take out a warrant to secretly surveil a Trump adviser in the heat of the 2016 presidential election, even though they were aware the underlying “intelligence” supporting the wiretap order was political opposition research funded by Clinton allies — a material fact they concealed from FISA court judges in four separate applications.

 Rep. Devin Nunes.

Nunes plans to soon release a separate report detailing the Obama State Department’s role in creating and disseminating the dossier — which has emerged as the foundation of the Obama administration’s Russia “collusion” investigation. Among other things, the report will identify Obama-appointed diplomats who worked with partisan operatives close to Hillary Clinton to help ex-British spy Christopher Steele compile the dossier, sources say.

“Those are the first two phases” of Nunes’ multipart inquiry, a senior investigator said. “In phase three, the involvement of the intelligence community will come into sharper focus.”

The aide, who spoke only on condition of anonymity, said Nunes will focus on Brennan as well as President Obama’s first CIA director, Leon Panetta, along with the former president’s intelligence czar, James Clapper, and national security adviser, Susan Rice, and security adviser-turned U.N. ambassador Samantha Power, among other intelligence officials.

“John Brennan did more than anyone to promulgate the dirty dossier,” the investigator said. “He politicized and effectively weaponized what was false intelligence against Trump.”

Attempts to reach Brennan for comment were unsuccessful.

Several Capitol Hill sources say Brennan, a fiercely loyal Obama appointee, talked up the dossier to Democratic leaders, as well as the press, during the campaign. They say he also fed allegations about Trump-Russia contacts directly to the FBI, while pressuring the bureau to conduct an investigation of several Trump campaign figures starting in the summer of 2016.

Trump campaign Chairman Paul Manafort was wiretapped in addition to Trump adviser Carter Page during the campaign. (Page has not been charged with a crime. Manafort was recently indicted for financial crimes unrelated to the Moscow “collusion” activities alleged in the dossier.)

On Aug. 25, 2016, for example, the CIA chief gave an unusual private briefing to then-Senate Minority Leader Harry Reid (D-Nev.) in which he told Reid the Russians were backing Trump and that the FBI would have to take the lead in an investigation because the FBI is the federal agency in charge of domestic intelligence and, unlike the CIA, can spy on U.S. citizens.

Two days after Brennan’s special briefing, Reid fired off a letter to then-FBI Director James Comey demanding he open an investigation targeting “individuals tied to Trump” to determine if they coordinated with the Russian government “to influence our election.”

“The Trump campaign has employed a number of individuals with significant and disturbing ties to Russia and the Kremlin,” the then-top Democrat in the Senate added in his two-page letter.

Reid then alluded to Page as one of those compromised individuals and repeated an unproven charge from the dossier that Page had met with two Kremlin officials in Moscow in July 2016 to discuss removing U.S. sanctions on Russia. Page has repeatedly denied the allegation under oath, swearing he never even met the Russian officials named in the dossier.

“Any such meetings should be investigated,” Reid asserted.

Less than two months later, Comey signed an application for a surveillance warrant to monitor Page’s emails, text messages, phone conversations and residence.

Christopher Steele, former British spy.

Unsatisfied with the progress of Comey’s investigation, Reid released an open letter to the FBI chief in late October 2016 accusing him of sitting on evidence. Reid told Comey that from his communications with “other top officials in the national security community, it has become clear that you possess explosive information about close ties and coordination between Donald Trump, his top advisers and the Russian government — a foreign interest openly hostile to the United States, which Trump praises at every opportunity.”

Congressional investigators say that the “explosive information” Reid referred to was the false or unverified claims in the Clinton-funded dossier — which the sources say were passed along by Brennan. They add that Brennan gave more than one briefing.

After Trump won the election, sources say, the CIA director sought to “weaponize” the dossier’s wild accusations against the president-elect.

In early January, just weeks before Trump was inaugurated, investigators say Brennan saw to it that the contents from the dossier were attached to an official daily intelligence briefing for Obama. The special classified briefing was then leaked to the major Washington media, allowing them to use the presidential briefing to justify the publication of claims they had up to that point not been able to substantiate and had been reluctant to run.

CNN broke the news that the dossier — described as “classified documents” — had been attached to the briefing report by the CIA, and had been given to the president. The top-level credence that the government was placing in the dossier gave prominent newspapers, including the Washington Post and New York Times, justification to follow suit.

In addition, BuzzFeed published 35 pages of the dossier in full. (The Internet news outlet was recently sued by Trump campaign lawyer Michael Cohen, whom the dossier accused of conspiring with the Kremlin to pay Russian hackers to steal Clinton campaign emails. It’s one of several libel and defamation lawsuits tied to the dossier.)

At the time, the Washington Post was assured by Obama intelligence officials that “the sources involved in the [dossier’s] reporting were credible enough to warrant inclusion of their claims in the highly classified [presidential] report.” Months later in public testimony, however, Brennan said the dossier and its sources were not credible enough to incorporate the information in a separate January 2017 intelligence report on Russian election interference publicly released by the administration. The published unclassified version of the report nonetheless echoes the dossier’s central assertion that Moscow meddled in the election to help Trump.

Brennan later swore the dossier did not “in any way” factor into the CIA’s assessment that Russia interfered in the election to help Trump. However, congressional investigators suggest a still-classified version of the January 2017 intelligence report contradicts his claim. Also in his May 2017 testimony, Brennan swore he had no idea who commissioned the dossier.

CIA veterans say Brennan was the most politicized director in the agency’s history and was responsible for much of the anti-Trump bias from the intelligence community during the campaign and transition period.

Former CIA field operations officer Gene Coyle, a 30-year agency veteran who served under Brennan, said he was “known as the greatest sycophant in the history of the CIA, and a supporter of Hillary Clinton before the election.”

“I find it hard to put any real credence in anything that the man says,” he added.

Coyle noted that Brennan broke with his predecessors who stayed out of elections. Several weeks before the vote, he said, “Brennan made it very clear that he was a supporter of candidate Clinton, hoping he would be rewarded with being kept on in her administration.” (Brennan is a liberal Democrat. In fact, at the height of the Cold War in 1976, he voted for a Communist Party candidate for president.)

What’s more, his former deputy at the CIA, Mike Morell, who formed a consulting firm with longtime Clinton aide and campaign adviser Philippe Reines, even came out in early August 2016 and publicly endorsed her in the New York Times, while claiming Trump was an “unwitting agent” of Moscow.

Former FBI Director James Comey.

“In the intelligence business, we would say that Mr. Putin had recruited Mr. Trump as an unwitting agent of the Russian Federation,” he claimed. “My training as an intelligence officer taught me to call it as I see it. This is what I did for the CIA. This is what I am doing now. Our nation will be much safer with Hillary Clinton as president.”

Reid repeated Morell’s allegation against Trump in his August 2016 letter to Comey.

Career U.S. intelligence officials say Morell, like Brennan, was personally invested in a Clinton victory.

Morell “had aspirations of being CIA director if she had won,” said former FBI counterintelligence official I.C. Smith, whose service overlapped with Brennan’s.

Investigators are trying to learn if the Clinton campaign shared, through Reines, the early memos on the dossier it was paying for with Morrell before he wrote his Times op-ed.

Morell could not be reached for comment. But he pushed back hard last week against Nunes releasing his memo exposing the FBI’s reliance on the dossier for Trump wiretaps, which he argued “did not have to happen. It undermines the credibility of the FBI in the public’s eyes, and with no justification in my view.”

“What happened here underscores the partisanship and the dysfunction of a very important committee in Congress, and that does not serve Congress well. It doesn’t serve the intelligence community, and it doesn’t serve the country well,” Morell continued earlier this week in an interview with CBS News, where he now works as a “senior national security contributor.”

Sources say Brennan is aware that the House Intelligence Committee is targeting him in its wide-ranging investigation of the dossier and investigative and intelligence abuses related to it, and that Nunes plans to call him and other former Obama administration officials before the panel to question them based on newly obtained documents and information.

Last week, perhaps not coincidentally, Brennan signed a contract with NBC News and MSNBC to be their “senior national security and intelligence analyst.”

On Sunday’s “Meet the Press,” Brennan laced into Nunes for releasing the memo revealing FBI surveillance abuses related to the dossier, claiming the head of the intelligence panel has “abused the office of the chairmanship.”

“It really underscores just how partisan Mr. Nunes has been,” Brennan charged.

In the interview, Brennan claimed he first learned of the existence of the dossier “in late summer of 2016, when there were some individuals from the various U.S. news outlets who asked me about my familiarity with it. And I had heard just snippets about it.”

He further contended that he had neither seen nor read the dossier until a month after the election.

“I did not know what was in there,” Brennan said. “I did not see it until later in that year, I think it was in December.”

Brennan also insisted he did not know who was pulling the strings on the research that went into the dossier.

“I was unaware of the provenance of it as well as what was in it,” he said, and he reasserted that “it did not play any role whatsoever in the intelligence community assessment that was done.”

Obama’s director of national intelligence, James Clapper, is also coming under scrutiny for his role in the dossier.

He joined Brennan in giving Obama a two-page summary of the dossier memos during the presidential briefing in January 2017. Days later, Clapper expressed “profound dismay at the leaks that have been appearing in the press,” and misleadingly referred to the dossier as a “private security company document.”

James Clapper, former director of national intelligence.

The intelligence committee plans to press Clapper to find out if he knew at the time that, in fact, the document was political opposition research underwritten by the Clinton campaign, and whether any of the leaks to the media came from his office.

“I do not believe the leaks came from within the IC [intelligence community],” he maintained at the time, adding that “we did not rely upon [the dossier] in any way for our conclusion” on Russian interference.

In October 2016, during the heat of the campaign, Clapper issued a public report declaring that Russian President Vladimir Putin’s regime directed the cyberattacks on Clinton campaign emails, echoing memos Steele was delivering at the time to the Clinton campaign.

A year later, after it was finally revealed in the national media that the Clinton campaign and the Democratic National Committee funded the research that went into the notorious dossier, Clapper insisted it “doesn’t matter who paid for it.”

“It’s what the dossier said and the extent to which it was — it’s corroborated or not. We had some concerns about it from the standpoint of its sourcing, which we couldn’t corroborate,” Clapper added last October in an interview with CNN.

He went on to strongly suggest that the intelligence assessment report he issued with Brennan, which concluded the Kremlin not only hacked the Democratic campaign but did so specifically to put Trump in the White House, was based on “some of the substantive content of the dossier.”

“But at the same time, some of the substantive content, not all of it, but some of the substantive content of the dossier, we were able to corroborate in our Intelligence Community Assessment from other sources, which we had very high confidence of,” Clapper said.

Investigators say Nunes intends to drill down on exactly who those “other sources” are now that his committee has learned that top officials at both the FBI and Justice Department relied on a Yahoo! News article as their additional sourcing to corroborate the dossier allegations they cited to obtain Trump campaign wiretap warrants — even though it turns out the main source for the Yahoo! story was merely the dossier’s author, Steele, who was disguised as “a Western intelligence source.”

Clapper, who recently signed his own media deal, joining CNN as a paid “contributor,” bashed Nunes on the network and suggested the release of future reports could endanger the intelligence community’s mission. He said his release of the FBI memo was “political” and an “egregious” betrayal of “others in the intelligence community who have a lot at stake here with the whole FISA [surveillance] process.”

https://www.realclearinvestigations.com/articles/2018/02/11/former_cia_director_john_brennan_investigated_for_perjury.html

Dossier’s 10 core collusion accusations remain unverified 20 months later

Christopher Steele, former British intelligence officer in London Tuesday March 7, 2017 where he has spoken to the media for the first time . Steele who compiled an explosive and unproven dossier on President Donald Trump’s purported activities in Russia …
 – The Washington Times – Monday, February 12, 2018

Christopher Steele’s unproven dossier is a mix of felony charges against President Trump and his people, as well as supposed gossip inside the Kremlin over computer hacking and personnel firings.

For the ongoing special counsel investigation into suspected TrumpRussia election coordination, it is helpful to separate what counts: Dust away the atmospherics — supposed Kremlin intrigue — and focus on the collusion charges brought by the former British spy based on his paid intermediaries and Moscow sources. None is identified.

Funded by the Hillary Clinton campaign and the Democratic Party, these specific dossier charges of secret spy missions and criminality are what came to permeate the FBI investigation. Republicans say the FBI abused the court process by using the partisan charges to obtain four wiretap warrants against the other campaign. They say the bureau has yet to confirm any charge.

As the dossier today takes on even more importance, The Washington Times identified Mr. Steele’s 10 core collusion accusations. The analysis includes the charges’ status, 20 months after Mr. Steele first contacted the FBI and urged the prosecution of President Trump.

• The Trump campaign launched an “extensive conspiracy” with the Kremlin to interfere in the 2016 presidential election. To date, no public verification.

• Mr. Trump, for decades a developer of tall buildings, maintained an eight-year relationship of give-and-take with Russian intelligence. To date, no public verification.

Mr. Trump and senior campaign aides actively supported the Russia hacking of Democratic Party computers to steal and release stolen emails. To date, no public verification.

• Volunteer Carter Page and campaign manager Paul Manafort personally conspired with Moscow to hack the Democrats’ computers. When the hacking began in 2015, neither man was associated with the Trump campaign. Both deny the charge. Mr. Page testified under oath that he had never met or spoken with Mr. Manafort. To date, no public verification of this dossier part.

• Mr. Page, an Annapolis graduate, an energy investor and a former resident of Moscow, traveled to that city in early July 2016 to deliver a public speech at a university. The dossier says he met with two top Kremlin operatives and discussed bribes for working to lift economic sanctions. Mr. Page testified under oath that he had never met nor spoke with them. He has filed libel lawsuits.

• Mr. Trump engaged with Russian prostitutes during a trip to Moscow in 2013. Mr. Trump has denied this numerous times. To date, no public verification.

• Mr. Trump’s personal attorney, Michael Cohen, secretly traveled to Prague in August 2016. His supposed mission: to orchestrate payments with agents of Vladimir Putin to cover up the hacking. At that point, the hacking was known worldwide. Mr. Cohen repeatedly has denied under oath that he took such a trip and showed his passport. He has filed libel lawsuits, including against Fusion GPS. Fusion co-founder Glenn Simpson, who ordered the dossier, has suggested that Mr. Cohen took a private Russian plane and might have been on a yacht in the Adriatic Sea. To date, there has been no public verification of any of this.

• Russian tech entrepreneur Aleksej Gubarev, owner of XBT Holding, hacked the Democrat Party computers with spyware and pornography. He has denied this repeatedly. He sued Mr. Steele for libel in a London court, where the former spy said the information was raw call-in information and not verified.

• Three Russian oligarchs and shareholders in Alfa Bank were involved in Russian election interference and paid bribes to Mr. Putin. They deny the charges and have filed libel lawsuits.

• Mikhail Kalugin was chief of the economic section at the Russian Embassy in Washington. Mr. Steele accuses him of being a spy and of funding the hacking with skimmed-off pension funds. He was supposedly whisked out of Washington when the hacking scandal broke in August. Washington associates of Mr. Kalugin told The Washington Times that the diplomat announced his planned departure 10 months beforehand. He and his family returned to Moscow. He now works in the Foreign Ministry. A former senior U.S. government official told The Times that Mr. Kalugin was never internally identified as a spy.

Republicans and dossier targets uniformly deride the 35 pages as falsehoods and fabrications. Some Democrats have acknowledged that the collection of memos is flawed.

But there are steadfast dossier believers, such liberal Twitter brigades and Rep. Adam B. Schiff of California, the leading Democrat on the House Permanent Select Committee on Intelligence.

The FBI used the unverified dossier on Oct. 21, 2016, to obtain a court wiretap warrant on Mr. Page that lasted nearly a year.

Agents included dossier information in the application and three subsequent renewals. The filing was based on the pledge from Mr. Steele that he was not the source of a dossier-type report on Mr. Page that Michael Isikoff reported in Yahoo News in September 2016. But in the London court case, Mr. Steele acknowledged that he was the source.

Senate Judiciary Committee Chairman Chuck Grassley, Iowa Republican, and Sen. Lindsey Graham, South Carolina Republican, released a declassified referral last week that urges the Justice Department to open a criminal investigation of Mr. Steele for lying to the FBI.

Sen. Dianne Feinstein of California, the committee’s ranking Democrat, issued a rebuttal on Friday.

“Not a single revelation in the Steele dossier has been refuted,” she said, referring to the former MI-6 officer as a “respected and reliable expert on Russia.”

She said the Grassley-Graham referral “provides no evidence that Steele was ever asked about the Isikoff article or if asked that he lied.”

But the Republican senator’s referral said there is ample evidence that Mr. Steele lied.

“There is substantial evidence suggesting that Mr. Steele materially misled the FBI about a key aspect of his dossier efforts, one which bears on his credibility,” the referral said.

The next paragraph, which presumedly details that evidence, is completely redacted.

The two senators wrote, “The FBI already believed Mr. Steele was reliable, he had previously told the FBI he had not shared the information with the press — and lying to the FBI is a crime.”

Four targets of the dossier have filed seven libel lawsuits against Mr. Steele, Fusion GPS and BuzzFeed, which first posted it online on Jan. 10, 2017, during Mr. Trump’s presidential transition.

Then FBI-Director James B. Comey told Mr. Trump in a one-on-one meeting that month that the dossier was “salacious and unverified.”

At the same time, the FBI was citing dossier information before a judge to obtain a second 90-day wiretap warrant on Mr. Page. There would be two more, the last in June 2017.

J.D. Gordon, a former Pentagon spokesman and Trump campaign adviser, has suffered over a year of government, press and congressional scrutiny. All the negative attention is because he had brief encounters with the Russian ambassador at the Republican National Convention.

“At least four dozen Trump associates have reportedly been summoned before the various congressional committees and special counsel over anything and everything related to TrumpRussia,” Mr. Gordon told The Washington Times. “Apart from targeting the president with a high-tech coup, the Democrats and ‘Never Trump‘ Republicans are trying to destroy a large group of innocent people who were merely trying to serve their country in presidential politics.”

https://www.washingtontimes.com/news/2018/feb/12/trump-dossiers-10-core-collusion-accusations-unver/

The Ticking Memo

Victor Davis Hanson

The House Intelligence Committee memo is pretty simple. It should not have been classified and thus far withheld from the public. In fact, far more information now needs to be released.

Despite the outcry, as Chairman Devin Nunes clarified, the memo can easily be in the near future supported or refuted by adducing official documents. In other words, the memo makes a series of transparent statements and leaves it up to the criminal-justice system and the public to ascertain subsequent criminal liability.

It is likely that the basic accuracy of the document will not be questioned, but rather opponents, some of them mentioned in the memo, will either ask why the resulting embarrassing information needed to be aired or insist that there are only minor possible crimes in the events it narrates, or both. Remember, officials from the FBI supposedly read the memo before its release to ensure that there were not factual errors or misrepresentations.

In sum, on four occasions during and after the 2016 campaign, the FBI and DOJ approached a federal FISA court — established to allow monitoring of foreign nationals engaged in efforts to harm the U.S. or American citizens deliberately or inadvertently in their service — to surveil Carter Page, a sometime Trump adviser. These requests also mentioned George Papadopoulos, apparently as a preexisting target of an earlier investigation by FBI official Peter Strzok, but according to the memo mysteriously there was not adduced any direct connection between the two individuals’ activities.

The basis of the requests was an anti-Trump dossier that the FBI and DOJ had purchased from a private concern. At the time of their various requests, FBI director James Comey and his deputy, Andrew McCabe, apparently knew that the document was the work of an opposition-research team, hired and paid, through a series of intermediaries, by the Clinton campaign. The same knowledge supposedly was known to DOJ officials Sally Yates, Dana Boente, and Rod Rosenstein, who variously joined the FISA requests. The FBI and DOJ requests to the court were also apparently bolstered by citing news accounts in the popular media about possible Russian collusion, which in circular fashion had been the result of efforts by the authors and purveyors of the dossier to leak its contents to the media. On various later occasions, high FBI officials purportedly admitted to the congressional inquirers both that the FISA requests would not have been made without use of the dossier, and yet its contents could not be verified or in fact were scarcely yet scrutinized. Apparently, no FBI or DOJ officials informed the court over the duration of these various requests that a) the dossier was paid for by the Clinton campaign, b) the FBI in turn apparently paid to obtain it, c) supporting news stories used to substantiate the dossier were the result of deliberately leaking the same document to seed stories in media organizations, or d) a DOJ official both met the author of the dossier and informed the FBI that he was a biased source — but either did not inform other DOJ and FBI officials that his own spouse was a collaborator who worked on the dossier, or such knowledge was known to DOJ and FBI officials but not passed on at some point to the FISA judge, apparently because the court might not have otherwise approved of the request or might have acted to revoke prior requests.

What Is the Larger Context?

What does it all mean — both the memo itself and subsidiary public revelations about the Strzok-Page texts, and the circumstances around the firing or reassignments of several DOJ and FBI top officials?

I don’t think there is any more doubt that the candidacy of Donald Trump terrified top officials of the Obama DOJ and the FBI, James Comey especially. A few may have genuinely believed Trump was a beneficiary of Russian efforts at collusion; more likely, Comey, McCabe, and Strzok may have believed that such a charge was unlikely but still useful as a means to thwart the idea of a Trump presidency. Either way, the DOJ and the FBI deliberately distorted the nature of the FISA court process by either withholding information that they knew would likely negate their requests or misrepresenting the nature of the evidence they produced.

It is also clear from the contacts between Mr. Simpson, Mr. Steele, and representatives of the DOJ and FBI, and the employment of Ms. Ohr on the dossier team, that there were conflicts of interest at best, and, at worst, collusion between Obama DOJ and FBI officials and the de facto contractors hired by the Clinton team to find ways of disseminating supposedly embarrassing information before the November 2016 election.

The larger landscape around the memo’s revelations was not just that DOJ and FBI officials were disturbed by the Trump candidacy. They were also likely assuming that he would not be elected, and thus any questionable efforts to ensure that Trump was not elected might not be investigated in an incoming Clinton administration, but perhaps in some way even rewarded.

The Scope of the Memo

So far, none of the congressional committees have released information about the actual scope and effects of these and possible other FISA court orders — and to what degree, if any, other American citizens were surveilled and whether such resulting surveillance was used by the Mueller investigation to indict individuals, or whether the names of U.S. citizens in such reports were illegally unmasked by Obama officials and then leaked to the media. We are told such information is coming.

Would there ever have been a Mueller investigation without the DOJ and FBI efforts to persuade the FISA court? Would the prior investigations by Peter Strzok (who later expressed strong dislike of Donald Trump and worried over his candidacy to the point of meeting and commiserating with Andrew McCabe) into George Papadopoulos on their own have sustained a subsequent Mueller investigation, or was such a weak agenda to be resuscitated by the FISA surveillance? (I.e., was some impetus for the FISA warrant request an effort to find something that might energize the Strzok efforts?) And who was the FISA judge or judges, and are we to believe that he or they could not have asked a simple question concerning the nature and origins of the dossier? Was he incompetent, biased, or representative of the dangerous tendency of judges to rubber-stamp such FISA requests?

Is This a Scandal?

If all this is not a scandal — then the following protocols are now considered permissible in American electoral practice and constitutional jurisprudence: An incumbent administration can freely use the FBI and the DOJ to favor one side in a presidential election, by buying its opposition research against the other candidate, using its own prestige to authenticate such a third-party oppositional dossier, and then using it to obtain court-ordered wiretaps on American citizens employed by a candidate’s campaign — and do so by deliberately misleading the court about the origins and authors of the dossier that was used to obtain the warrants. Some Historical Context Watergate was about largely failed presidential cover-up attempts to enlist the CIA and FBI to squash an investigation into a politicized burglary. Iran-Contra was supposedly about rogue administration officials trying to circumvent the law by providing arms to a foreign government to release hostages and thereby obtain cash to help perceived friendly foreign agents without knowledge of and in contravention of Congress.

The current internal efforts in the middle of a campaign to weaponize the FBI and DOJ are something new. And it illustrates a larger effort of the prior administration to warp FBI investigations of Hillary Clinton’s unauthorized and illegal email server and other purported improper behavior, as well as efforts of Obama-administration officials to improperly request unmasking of improperly surveilled Americans for improperly political purposes. These efforts come on top of previous attempts to politicize the IRS in order to oppose perceived political opponents and to monitor journalists reporting stories deemed unfavorable to the administration. Finally, unlike past administration scandals, when the press posed as custodians of the public interest and demanded transparency from government agencies, this time around the media are arguing for secrecy and suppression of documents, and are unconcerned with likely violations of the civil liberties of American citizens by overzealous federal officials likely breaking the law.

What about the FBI?

There is much worry that the memo’s release will hurt the FBI. But such concern is predicated on the definition of the FBI.

If the agency is defined as its top echelon, then, yes, the FBI’s highest officials are discredited, the now-compulsive tweeter James Comey especially. But if the FBI is defined by thousands of rank-and-file professional agents, then the agency is not only not discredited, but empowered by a timely reminder that true patriots at the FBI never break federal law on the dubious rationale that their purportedly noble ends justify any means necessary to obtain them.

No one forced FBI director James Comey to withhold critical information from a FISA judge in order to surveil American citizens, or to purchase an opposition-research dossier from a political campaign in the middle of an election cycle. Nor did anyone force Comey to leak confidential notes of a meeting with the president of the United States to the media in a deliberate effort to force appointment of a special counsel. Comey swore that he did not write his letter of legal exoneration until after interviewing Hillary Clinton; we now know that was likely also a false statement. Comey also changed the wording of his original draft to ensure Hillary Clinton’s immunity from possible criminal liability.

No one forced the FBI’s top lawyer and recently reassigned general counsel, James Baker, to leak elements of the so-called Steele dossier to the media during the 2016 campaign

No one forced Peter Strzok and Lisa Page to conduct a romantic affair via FBI secure phones, a texting correspondence that revealed that they both were prejudicial to the object of their own then-current investigation, Donald Trump, or to meet with Andrew McCabe to commiserate about their mutual dislike of Donald Trump. Note that their departures from the Mueller collusion investigation were not immediately announced, but rather such news was released months later to suggest that the reassignments were neither connected nor out of the ordinary.

No one forced a compromised Andrew McCabe to continue with the Hillary Clinton email investigation, despite the fact that his wife had recently received several hundred thousands of dollars in campaign contributions from a Clinton-affiliated political-action committee. No one forced him to concede that without the use of the dossier, FISA warrants would have been unlikely. Who Will Be Held Accountable? Many of the those with possible criminal exposure have already either been fired (Comey, McCabe), reassigned (Page, Strzok, Ohr), or are considered sacrosanct (Obama, Loretta Lynch, etc.). Rod Rosenstein’s fate is, for now, largely a political matter, and only later a legal one.

Still, a special counsel might indict a number of officials for deliberately misleading a federal judge, or violating statutes prohibiting the surveillance of American citizens, or lying while under oath, or he might retract indictments and confessions based on deliberate misrepresentations to a federal judge.A bipartisan 9/11–like commission could at least issue a report and recommendations to ensure that the DOJ and FBI never again intervene in a U.S. election.

By all means, let us see the transcript of the McCabe interview, the Democratic minority memo, the actual FISA court requests, the complete text trove of Page and Strzok, the prior administration’s requests to unmask surveilled American citizens, Clinton-campaign communications about the procurement of the dossier, and the transcripts of those surveilled.

We need to find out whether Russian collusion and interference into the 2016 election was far more devious and complex than believed and whether it involved seeding the research behind the Clinton campaign’s purchased oppositional dossier in order to undermine a U.S. election, leading to the greatest irony of all: a special counsel investigating what likely did not happen while ignoring what likely did — perhaps the greatest political scandal of the modern age. At this point, the only cure for the wound is far more light. THE CORNER The one and only. FULL BLOG   SPONSORED CONTENT The

 http://www.nationalreview.com/corner/456084/nunes-memo-fbi-doj-corruption-ticking-memo

Office of Inspector General (United States)

From Wikipedia, the free encyclopedia
  (Redirected from Office of the Inspector General)

In the United States, the Office of Inspector General (OIG) is a generic term for the oversight division of a federal or state agency aimed at preventing inefficient or illegal operations within their parent agency. Such offices are attached to many federal executive departmentsindependent federal agencies, as well as state and local governments. Each office includes an Inspector General (or I.G.) and employees charged with identifying, auditing, and investigating fraud, waste, abuse, embezzlement and mismanagement of any kind within the executive department.

History

In the United States, other than the military departments, the first Office of Inspector General (OIG) was established by act of Congress in 1976[1] under the Department of Health and Human Services, to fight waste, fraud and abuse in Medicare, Medicaid, and more than 100 other HHS programs.[2] With approximately 1,600 employees, the OIG performs audits, investigations, and evaluations, to establish policy recommendations for decision-makers and the public.

Description

Federal offices of inspectors general

There are 73 federal offices of inspectors general,[3] a significant increase since the statutory creation of the initial 12 offices by the Inspector General Act of 1978.[4] The offices employ special agents (criminal investigators, often armed) and auditors. In addition, federal offices of inspectors general employ forensic auditors, or “audigators,” evaluators, inspectors, administrative investigators, and a variety of other specialists. Their activities include the detection and prevention of fraud, waste, abuse, and mismanagement of the government programs and operations within their parent organizations. Office investigations may be internal, targeting government employees, or external, targeting grant recipients, contractors, or recipients of the various loans and subsidies offered through the thousands of federal domestic and foreign assistance programs.[5] The Inspector General Reform Act of 2008[6] (IGRA) amended the 1978 act[4] by increasing pay and various powers and creating the Council of the Inspectors General on Integrity and Efficiency (CIGIE).[7]

Example of an OIG report, from the DoD OIG[8]

Some inspectors general, the heads of the offices, are appointed by the president and confirmed by the senate.[9] For example, both the inspector general of the U.S. Department of Labor and the inspector general of the U.S. Agency for International Development are presidentially appointed. The remaining inspectors general are designated by their respective agency heads,[10] such as the U.S. Postal Service inspector general.[11]Presidentially appointed IGs can only be removed, or terminated, from their positions by the President of the United States, whereas designated inspectors general can be terminated by the agency head.[12] However, in both cases Congress must be notified of the termination, removal, or reassignment.

While the IG Act of 1978 requires that inspectors general be selected based upon their qualifications and not political affiliation, presidentially appointed inspectors general are considered political appointees and are often selected, if only in part and in addition to their qualifications, because of their political relationships and party affiliation. An example of the role political affiliation plays in the selection of an inspector general, and the resulting pitfalls, can be seen in the 2001 Republican appointment (and resignation under fire) of Janet Rehnquist[13] (daughter of former Chief Justice of the United StatesWilliam Rehnquist) to the post of inspector general for the U.S. Department of Health and Human Services.[14]

While all of the federal offices of inspector generals operate separately from one another, they share information and some coordination through the Council of Inspectors General on Integrity and Efficiency (CIGIE).[15] As of 2010, the CIGIE[16] comprised 68 offices. In addition to their inspector general members, CIGIE includes non-inspector general representatives from the federal executive branch, such as executives from the Office of Management and Budget, the Office of Personnel Management, the Office of Government Ethics, the Office of Special Counsel, and the Federal Bureau of Investigation. CIGIE also provides specialized training to the inspector general community.

Further evidence of coordination between federal offices of inspector generals can be seen by the public through the offices’ shared website,[17] and the use of shared training facilities and resources, such as the Inspector General Criminal Investigator Academy (IGCIA),[18] and their Inspector General Community Auditor Training Team (IGCATS),[19] which are hosted by the Federal Law Enforcement Training Center (FLETC).

Evidence of the offices’ return on investment to taxpayers can be seen through their semi-annual reports to Congress, most of which are available on each office’s website.[3]

Since the post-9/11 enactment of the Homeland Security Act of 2002,[20] resulting in the amendment of the IG Act of 1978, Section 6e, most presidentially appointed IG special agents have had full law enforcement authority to carry firearms, make arrests, and execute search warrants. Prior to this time, most presidentially appointed IG and some designated IG special agents had the equivalent law enforcement authorities as a result of other statutes or annually required deputation by the U.S. Marshals Service. The 2002 amendment to the IG Act of 1978 made most deputation of presidentially appointed IG special agents unnecessary. Some designated IG special agents, however, still have full law enforcement authority today by virtue of this continued deputation. Some OIGs employ no criminal investigators and rely solely on administrative investigators, auditors, and inspectors.

U.S. offices of inspector general

Presidentially appointed inspectors general

Designated federal entity inspectors general

Special inspectors general

Legislative agency inspectors general

Other federal inspectors general

U.S. military

Within the United States Armed Forces, the position of inspector general is normally part of the personal staff serving a general or flag officer in a command position. The inspector general’s office functions in two ways. To a certain degree they are ombudsmen for their branch of service. However, their primary function is to ensure the combat readiness of subordinate units in their command.

An armed services inspector general also investigate noncriminal allegations and some specific criminal allegations, to include determining if the matter should be referred for criminal investigation by the service’s criminal investigative agency.

The Air Force Inspector General Complaints Program was established to address the concerns of Air Force active duty, reserve, and Guard members, civilian employees, family members, and retirees, as well as the interest of the Air Force. One of the first responsibilities of the Air Force inspector general is to operate a credible complaints program that investigates personnel complaints: Fraud, Waste, and Abuse (FWA) allegations; congressional inquiries; and issues involving the Air Force mission. Personnel complaints and FWA disclosures to the IG help commanders correct problems that affect the productivity, mission accomplishment, and morale of assigned personnel, which are areas of high concern to Air Force leaders at all levels.[85]

See:

Stark Law and Anti-Kickback Statute Enforcement

The OIG develops and distributes resources to assist the health care industry in its efforts to comply with the Nation’s fraud and abuse laws and to educate the public about fraudulent schemes so they can protect themselves and report suspicious activities.[2]

In recent years, the OIG has made an effort to target hospitals and healthcare systems for Stark Law and Anti-Kickback Statute violations pertaining to the management of physician compensation arrangements.[86] In 2015, a fraud alert was issued to publicize the OIG’s intent to further regulate such non-compliance.[87] In light of such efforts and consequent record-breaking settlements, healthcare experts have begun to call for the transition from paper based physician time logging and contract management to automated solutions.[88]

Criticism

Inspectors General have also been criticized for being, rather than guardians of whistleblowers, instead, ineffective, inactive, or at worst, instruments by which whistleblowers are persecuted. One example is from the Securities and Exchange Commission OIG. In a 2011 article by Matt Taibbi, SEC whistleblowers said that complaining to the SEC OIG was “well-known to be a career-killer.”[89] Another example is from whistleblower Jesselyn Radack‘s book Canary in the Coalmine, in which she describes her experience complaining to the Department of Justice OIG; instead of helping her, the IG office helped the DOJ get her fired and restricted from practicing as a lawyer.[90] Another example is from the Thomas Andrews Drake case, in which several complainants to the Department of DefenseOIG over NSA’s Trailblazer Project were later raided by the FBI and some threatened with criminal prosecution.[91]

References

https://en.wikipedia.org/wiki/Office_of_Inspector_General_(United_States)

Story 2: Former National Security Adviser Susan Rice Last Minute CYA Email That Obama Wants Investigations By The Book — No Not The Law — Yes The Book was Rules for Radicals by Saul Alinsky — Videos

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  Your email continued:

President Obama began the conversation by stressing his continued commitment to ensuring that every aspect of this issue is handled by the Intelligence and law enforcement communities “by the book”.  The President stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective.  He reiterated that our law enforcement team needs to proceed as it normally would by the book.
From a national security perspective, however, President Obama said he wants to be sure that, as we engage with the incoming team, we are mindful to ascertain if there is any reason that we cannot share information fully as it relates to Russia.
The next part of your email remains classified.  After that, you wrote:
The President asked Comey to inform him if anything changes in the next few weeks that should affect how we share classified information with the incoming team.  Comey said he would.
It strikes us as odd that, among your activities in the final moments on the final day of the Obama administration, you would feel the need to send yourself such an unusual email purporting to document a conversation involving President Obama and his interactions with the FBI regarding the Trump/Russia investigation.  In addition, despite your claim that President Obama repeatedly told Mr. Comey to proceed “by the book,” substantial questions have arisen about whether officials at the FBI, as well as at the Justice Department and the State Department, actually did proceed “by the book.”
In order for the Committee to further assess the situation, please respond to the following by February 22, 2018:
 
  1. Did you send the email attached to this letter to yourself?  Do you have any reason to dispute the timestamp of the email?
 
  1. When did you first become aware of the FBI’s investigation into allegations of collusion between Mr. Trump’s associates and Russia?
 
  1. When did you become aware of any surveillance activities, including FISA applications, undertaken by the FBI in conducting that investigation?  At the time you wrote this email to yourself, were you aware of either the October 2016 FISA application for surveillance of Carter Page or the January 2017 renewal?
 
  1. Did anyone instruct, request, suggest, or imply that you should send yourself the aforementioned Inauguration Day email memorializing President Obama’s meeting with Mr. Comey about the Trump/Russia investigation?  If so, who and why?
 
  1. Is the account of the January 5, 2017 meeting presented in your email accurate?  Did you omit any other portions of the conversation?
 
  1. Other than that email, did you document the January 5, 2017 meeting in any way, such as contemporaneous notes or a formal memo?  To the best of your knowledge, did anyone else at that meeting take notes or otherwise memorialize the meeting?
 
  1. During the meeting, did Mr. Comey or Ms. Yates mention potential press coverage of the Steele dossier?  If so, what did they say?
 
  1. During the meeting, did Mr. Comey describe the status of the FBI’s relationship with Mr. Steele, or the basis for that status?
 
  1. When and how did you first become aware of the allegations made by Christopher Steele?
 
  1. When and how did you first become aware that the Clinton Campaign and the Democratic National Committee funded Mr. Steele’s efforts?
 
  1. You wrote that President Obama stressed that he was “not asking about, initiating or instructing anything from a law enforcement perspective.”  Did President Obama ask about, initiate, or instruct anything from any other perspective relating to the FBI’s investigation?
 
  1. Did President Obama have any other meetings with Mr. Comey, Ms. Yates, or other government officials about the FBI’s investigation of allegations of collusion between Trump associates and Russia?  If so, when did these occur, who participated, and what was discussed?
Thank you for your prompt attention to this matter.  Please contact Patrick Davis of Chairman Grassley’s staff at (202) 224-5225 or Lee Holmes of Chairman Graham’s staff at (202) 224-5972 if you have any questions.
Sincerely,
Charles E. Grassley                                                     Lindsey O. Graham
Chairman                                                                     Chairman
Committee on the Judiciary                                        Subcommittee on Crime and Terrorism
                                                                                    Committee on the Judiciary
Enclosure: as stated.
cc:       The Honorable Dianne Feinstein
Ranking Member
Committee on the Judiciary
The Honorable Sheldon Whitehouse
Ranking Member
Subcommittee on Crime and Terrorism
Committee on the Judiciary
-30-

 

 

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The Pronk Pops Show 1005, Story 1: The Fed’s Great Unwind or Rolling Over Into 21st Century Greatest Depression — Videos — Story 2: Will President Trump Be The Next President Hoover? — Videos

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Stock market returns and economic forecasts are being distorted by a few big myths that are likely to be proven wrong in the near future. It is widely believed that the American economy has fully recovered and has reached escape velocity where it will be able to sustain momentum without stimulus. This belief has led the majority of forecasters to conclude that the Federal Reserve will begin raising rates this year and will continue hiking through the end of 2016. At the same time they believe that foreign central banks will fight slowing growth abroad with unlimited U.S. style quantitative easing, thereby pushing the U.S. dollar to new heights, and gold and oil to new lows. Their conclusion: U.S. stock markets will continue to lead the world. But what if these assumptions are dead wrong? What if the signs of growth were really just the direct result of Fed stimulus, which will disappear if the Fed raises rates? Recent economic data has been so dismal that savvy economists are drawing parallels with 2008, the year of the last crash. What if it’s not just the weather? If the Fed shocks the markets by keeping rates at zero for far longer than expected, the markets will unwind trades based on these false assumptions. This is where Peter Schiff and Euro Pacific Capital have ideas that you need to hear. Peter Schiff is a world renown investor and author who has made his reputation by seeing things that few other analysts can. He sees huge problems ahead for the U.S. economy and potentially a reversal of the U.S. dollar rally of the past year. He will discuss the inability for the Fed to dispose of its gargantuan $4 trillion balance sheet without sparking a financial collapse. He will also discuss opportunities in foreign, non-dollar, and precious metals investing. Ignore his advice at your own peril.

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Milton Friedman – The role of government in a free society

 

Fed officials fear financial market ‘imbalances’ and possibility of ‘sharp reversal’ in prices

  • Minutes from the Oct. 31-Nov. 1 Federal Open Market Committee meeting indicate some worry about rising financial markets.
  • The meeting minutes also included a discussion about possibly changing the central bank’s approach to addressing inflation.

Janet Yellen, chair of the U.S. Federal Reserve.

Fed: Rate increase likely warrented soon

Federal Reserve officials expressed largely optimistic views of economic growth at their most recent meeting but also started to worry that financial market prices are getting out of hand and posing a danger to the economy.

Minutes from the Oct. 31-Nov. 1 Federal Open Market Committee meeting indicate members with almost universally positive views on growth — the labor market, consumer spending and manufacturing all were showing solid gains. While there were disagreements on the pace of inflation, and even a discussion about changing the Fed’s approach to price stability, the sentiment otherwise was largely positive.

Moreover, they said the picture could get even better if Congress lowers corporate taxes as part of the reform plan making its way through the Senate.

“In their discussion of the economic situation and the outlook, meeting participants agreed that information received since the FOMC met in September indicated that the labor market had continued to strengthen and that economic activity had been rising at a solid rate despite hurricane-related disruptions,” the minutes stated.

However, when it came to evaluating market conditions, the talk took a more cautious tone.

Stocks have been on a tear throughout 2017, setting a series of record highs and adding trillions in value. That’s come both on the heels of stronger corporate earnings and hopes that the tax reform plan, which would take the corporate rate from 35 percent to 20 percent, becomes a reality.

Some members feared what would happen if the market suddenly took a hit.

“In light of elevated asset valuations and low financial market volatility, several participants expressed concerns about a potential buildup of financial imbalances,” the minutes said. “They worried that a sharp reversal in asset prices could have damaging effects on the economy.”

Concerns about the surge in stocks are not new at the Fed, but most officials have downplayed the idea that the market is in a bubble. Wall Street also has been at odds about the market, with Bank of America Merrill Lynch warning of a market top coming in 2018 though Goldman Sachs has predicted another big year.

Some members said the bull market was justified by a continued low “neutral” rate of interest that is neither overly restrictive nor accommodative to growth.

And there also was mention of “regulatory changes” that had helped “an appreciable strengthening of capital and liquidity positions in the financial sector over recent years,” which made the system less prone to shocks or sudden market drops.

President Donald Trump has taken a three-pronged approach to economic growth and frequently boasts of the stock market gains. In addition to tax reform, he has cut business regulations and is expected in the coming months to unveil a plan to boost infrastructure spending.

During the year, economic growth has increased, with GDP gaining 3.1 percent and 3 percent the past two quarters and on track to be around the same level in the fourth quarter.

FOMC members noted multiple areas of positive developments. The labor market is “operating at or above full employment,” GDP is likely to “grow at a pace exceeding that of potential output,” and even inflation has been slowed only by “temporary or idiosyncratic factors.”

But on inflation, the consensus was weaker, with some members disagreeing with the notion that all the softness was due to issues that would fade.

Other members, though, thought the Fed could be in danger of waiting too long for inflation to rise and could risk further instability in the financial markets. Several members said the upcoming data would be critical in determining whether they felt the Fed was close to meeting its 2 percent inflation goal.

A “couple” members even suggested the Fed tweak its approach to inflation, moving away from the 2 percent goal and toward a more nebulous “gradually rising path” in prices instead.

As a matter of policy, the committee chose not to hike rates at the meeting, as expected, but members indicated that gradual rate hikes are likely in the future. Markets are assigning a nearly 100 percent probability to a December rate hike, though only factoring in one or two so far for 2018.

Also at the meeting, members discussed the well-publicized reduction of the Fed’s $4.5 trillion balance sheet. Under the plan, the central bank is letting a capped level of proceeds from the bonds it owns run off each month. Fed officials agreed the program thus far has run smoothly.

https://www.cnbc.com/2017/11/22/fomc-minutes–fed-officials-fear-market-imbalances-possible-effects-of-sharp-reversal-in-prices.html

It’s begun: Fed’s unwinding of its epic balance sheet officially showing up in the data

  • Thursday’s Federal Reserve report on its portfolio holdings shows a near $6 billion decline in its holdings of Treasury securities.
  • That’s the biggest outright weekly decline since 2012.

Federal Reserve Board Chairwoman Janet Yellen testifies before the Joint Economic Committee on Capitol Hill November 17, 2016 in Washington, DC.

Win McNamee | Getty Images
Federal Reserve Board Chairwoman Janet Yellen testifies before the Joint Economic Committee on Capitol Hill November 17, 2016 in Washington, DC.

The Fed’s campaign to reduce its $4.4 trillion balance sheet is now taking effect and showing up in the data.

Thursday’s Federal Reserve report on its portfolio holdings shows a near $6 billion decline in its holdings of Treasury securities. It’s the biggest outright weekly decline since 2012.

It’s just the leading edge of more to come as the Fed gradually ramps up its effort to “normalize” its balance sheet. The Fed hasn’t explicitly said what level it’s aiming for, only that it will ramp up its sales of Treasurys and mortgage-backed securities to a point where it eventually is reducing them at a clip of $50 billion a month.

The decline in mortgage-backed securities, which is already taking place, should begin showing up in the data next month.

https://www.cnbc.com/2017/11/03/its-begun-feds-unwinding-of-its-epic-balance-sheet-officially-showing-up-in-the-data.html

 

Story 2: Will President Trump Be The Next President Hoover? — Videos

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The Deep State and the Donald | David Stockman

The Curse of Economic Nationalism | Thomas J. DiLorenzo

Steve Banon “Economic Nationalism Is What Binds Us Together!”

Steve Bannon: What Built America Was Economic Nationalism (60 Minutes Interview)

Myth-Busters: The Truth About Hoover & FDR

Milton Friedman on the Great Depression, Bank Runs & the Federal Reserve

Milton Friedman Explains the Cause of the Great Depression

Did FDR End the Great Depression?

The Legacy of the Smoot-Hawley Tariff Act

The Hawley-Smoot Tariff in Under 5 Minutes – Hasty History

The Smoot Hawley Tariff Act

Hoover and the Great Depression

Hoover and Roosevelt

The 1928 Election Explained

Coolidge: The Best President You Don’t Know

Rothbard on the ‘best’ US president

The Current State of World Affairs | Murray N. Rothbard

Murray Rothbard Where Did The Free Markets Go?

Murray N. Rothbard on Milton Friedman pre1971

Murray Rothbard: The Truth About Taxes

What I Learned from Murray Rothbard | Thomas E. Woods, Jr.

Bank of America sees end of bull market coming in 2018: Here’s how it will happen

  • Bank of America Merrill Lynch predicts “capitulation” for the bull market in 2018, with the S&P 500 peaking at 2,863.
  • Strategist Michael Hartnett said the firm is prepared to “downgrade risk aggressively” once it sees the triggers in place.
  • A shift from passive to active in investor allocations would be one of the signs that the rally is about over.

A pedestrian passes in front of a statue of a bull in the Wall Street area in New York City.

Doug Kantor | AFP | Getty Images

A pedestrian passes in front of a statue of a bull in the Wall Street area in New York City.

Bank of America Merrill Lynch sees a scary good news-bad news scenario unfolding in 2018: A solid push higher in the first half followed by all sorts of potential trouble after.

The S&P 500 would peak out around 2,863 in the scenario, or about 11 percent higher than Monday’s close. Bond yields are expected to rise, with the benchmark 10-year Treasury note hitting 2.75 percent as global GDP growth reaches 3.8 percent.

That setting assumes three things: the “last vestiges” of stimulus from the Fed and other central banks, the passage of tax reform in Congress, and “full investor capitulation into risk assets” on better-than-expected corporate earnings.

After that, though, things get considerably sketchier as the second-longest bull market in history runs into trouble.

Real battle for leadership in this market: State Street's Michael Arone

Real battle for leadership in this market: State Street’s Michael Arone  

“We believe the air in risk assets is getting thinner and thinner, but the Big Top in price is still ahead of us,” Michael Hartnett, chief investment strategist at BofAML, said in a report for clients. “We will downgrade risk aggressively once we see excess positioning, profits and policy.”

Indicators that market positioning has gotten out of hand and signaling a fall would include active funds attracting more money than passive (there’s a $476 billion gap this year in favor of passive), and portfolio allocation for equities exceeding 63 percent, a level currently at 61 percent.

Hartnett pointed out that the current bull will be the longest in history if it continues to Aug. 22, 2018, while the outperformance of stocks versus bonds, at seven years running, would be the longest streak since 1929.

The forecast is predicated on three core beliefs: The first is the aforementioned capitulation; the second an expectation of “peak positioning, profits and policy” that “will engender peak asset price returns” and a low in volatility; and, finally, an expectation that higher inflation and corporate debt along with tighter monetary policy will roil the corporate bond market, a critical prong of the risk asset rally.

“The game changer is wage inflation, which on our forecasts is likely to become more visible,” said Hartnett, who projects that salaries could rise 3.5 percent and push the consumer price index up 2.5 percent and convince the Fed that it’s close to meeting its 2 percent inflation goal.

However, that cuts both ways: Should wage inflation again fail to materialize, Hartnett said “the era of excess liquidity” continues, bond yields would fall and the Nasdaq tech barometer would go “exponential.” That would signal a bubble that might not end until 2019, when a bear market would be triggered by “hostile Fed hiking, Occupy Silicon Valley and War on Inequality politics.”

“Big Top” trades favor technology, homebuilders, Japanese banks and the dollar against the Swiss franc.

BofAML’s forecast comes as Goldman Sachs released a price target of 2,850 for the S&P 500, after a comparatively bearish 2016 call for 2,400 that was passed six months ago.

https://www.cnbc.com/2017/11/21/bank-of-america-bull-market-ending-in-2018-how-it-will-happen.html

Will Donald Trump be Herbert Hoover all over again?


President-elect Donald Trump. (Mike Segar/Reuters)
 Opinion writer November 11, 2016

As a Donald Trump victory became clear Tuesday night, the ghost of Herbert Hoover paid a visit to Trump’s election night party in New York.

In the Fox News coverage playing on screens in the ballroom, Megyn Kelly turned to Karl Rove. “It didn’t happen under Reagan or the Bushes. When was the last time a Republican president had a Republican Congress?”

“1928,” Rove answered.

“Incredible,” Kelly said.

Yes, quite: Republicans actually had unified control for four years under George W. Bush, and for two years under Dwight Eisenhower, as Rove amended when I followed up with him.

Expecting a celebration, The Washington Post’s Dana Milbank wrote a letter to his daughter to help her cope with Hillary Clinton’s electoral loss.

But the 1928 comparison is instructive. It’s the last time a Republican president enjoyed anything like the majority Trump will have, particularly in the House.

And how did that work out for them?

Hoover took over in a time of general prosperity but stagnant wages and vast income inequality. Populists in Congress proposed dramatic increases in tariffs to help the struggling agricultural sector, the equivalent of today’s beleaguered blue-collar workers.

The proposal divided Republicans in Congress and Hoover before they produced the 1930 Smoot-Hawley Tariff Act, setting off retaliation, freezing international trade, contributing to the Great Depression and accelerating a ruinous cycle of nationalism around the world.

Hoover’s ghost should haunt the GOP right now. A populist, protectionist president has come to power at a time of long-depressed wages and vast inequality. He threatens to implement tariffs of 45 percent against China and 35 percent against Mexico, and he’s about to collide with free-traders and pro-business interests in his own party.

If they jettison Trump’s agenda and proceed with business as usual, they risk inflaming Trump’s already-furious followers. If they do what Trump has promised, there will be chaos as they pursue what amounts to a mission impossible: enacting a huge tax cut, making enormous spending increases on infrastructure and the military and cutting the debt in half — all without touching Social Security and Medicare.

And they’ll be without a mutual foil to unite them. President Obama will be out of office, Hillary Clinton defeated, Harry Reid retired. With unified control, Republicans now own every issue — health care, the economy, national security — and Democrats, who narrowly won the popular vote and are supported by exit polls showing tepid support for many of Trump’s policy priorities, have little incentive to cooperate.

 Some early signs show Trump won’t hesitate to disappoint supporters, including his statement Friday that, after talking with Obama, he no longer favors repealing all of Obamacare.

Drain the swamp? Trump has packed his transition team with a who’s who of the K Street lobbying trade, according to Politico. Among those in charge of staffing the new administration are people who have lobbied for or represented Altria, Visa, Anthem, Coca-Cola, General Electric, HSBC, Pfizer, PhRMA, United Airlines, Southern Company, Dow Chemical, Rosemont Copper Company, Boeing, Duke Energy and Nucor.

My colleague Catherine Ho reports that Trump’s win “is likely to be a boon to the lobbying business,” as businesses try to counteract the uncertainty with more lobbyists.

The Trump-proposed ban on Muslims entering the country? As The Post’s Jose A. DelReal reported, the Trump campaign removed that policy’s web page Thursday, then restored it after the reporter’s inquiries.

That wall on the Mexican border? “Going to take a while,” Trump lieutenant Rudy Giuliani said Thursday, suggesting “he can do it by executive order by just reprogramming money within the immigration service.”

“Reprogramming” money away from . . . deportation? Truly building the wall would cost hundreds of billions of dollars and require approval from Congress.

The “lock her up” crowd may also be disappointed. Chris Christie said “politics are over now.”

On that same question, however, Giuliani said prosecuting Clinton would be “a presidential decision” — an extraordinary departure from the American tradition of removing the president from prosecutorial decisions, particularly since President Nixon tried to block the Justice Department’s Watergate probe in 1973.

The Trump transition sounded another Nixonian note when Trump surrogate Omarosa Manigault told a conservative website that Trump is keeping an enemies list.

The conflicting signals suggest Trump himself hasn’t settled on his course. His gracious victory speech was about reaching out to the opposition, but Breitbart News, whose once and future leader ran the campaign, has been whipping up racial fears (“Shock Video Shows White Man Viciously Beaten in Chicago After Election”).

On Thursday night, the president-elect tweeted that “professional protesters, incited by the media, are protesting. Very unfair!” Friday morning he reconsidered: “Love the fact that the small groups of protesters last night have passion for our great country. We will all come together and be proud!”

Trump’s internal tension is understandable. He can leave supporters disillusioned, or he can keep his promises — and send us all back to 1928.

https://www.washingtonpost.com/opinions/will-donald-trump-be-herbert-hoover-all-over-again/2016/11/11/8e533600-a820-11e6-8042-f4d111c862d1_story.html?utm_term=.15c6a091b1f6

Jamie Dimon says he would bet on Trump being a one-term president

  • The JPMorgan CEO said he’d bet on Trump being a one-term president.
  • That said, he thinks a “pro-free enterprise” agenda for jobs and economic growth.
  • Dimon has described himself as “barely” a Democrat, but has been more active on range of business and economic issues.

Jamie Dimon speaking at the 2017 Delivering Alpha conference in New York on Sept. 12, 2017.

David A. Grogan | CNBC
Jamie Dimon speaking at the 2017 Delivering Alpha conference in New York on Sept. 12, 2017.

Jamie Dimon, CEO of JPMorgan Chase, on Wednesday said he expects to see a new U.S. president in 2021 and advised Democrats to come up with a “pro-free enterprise” agenda for jobs and economic growth.

Asked at a luncheon hosted by The Economic Club of Chicago how many years President Donald Trump will be in office, Dimon said, “If I had to bet, I’d bet three and half. But the Democrats have to come up with a reasonable candidate … or Trump will win again” and have second four-year term.

Dimon, who in the past has described himself as “barely” a Democrat, has been going to Washington more often since the November 2016 election of Trump to lobby lawmakers on range of business and economic issues, including changes in corporate taxes, immigration policies and mortgage finance.

Jamie Dimon: There's a huge vaccuum if business isn't involved in policy

Jamie Dimon: There’s a huge vacuum if business isn’t involved in policy  

In December, Dimon became chairman of the Business Roundtable, an association of CEOs who take their views to government policy makers.

Dimon, 61, touched briefly on range of topics, from Americas political climate and tax system to discrimination in the workplace and against black people.

He also commented on foreign affairs, saying, for example, “We should never be rude to a neighbor like Mexico.”

He also cautioned that the political weakness of German Chancellor Angela Merkel is bad for all of us. Talks on forming a governing coalition including Merkel’s Christian Democratic Union collapsed earlier this week, casting doubt on her future after 12 years in power.

Dimon is in his 12th year as CEO of JPMorgan, which is the biggest bank in the U.S. by assets

https://www.cnbc.com/2017/11/22/jamie-dimon-says-he-would-bet-on-trump-being-a-one-term-president.html

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The Pronk Pops Show 989, October 25, 2017, Part 1 of 2: Story 1: Clinton’s Campaign and Democratic National Committee Paid For A  Fabricated  “Dossier” on Trump Used as Campaign  Propaganda  and Their Accomplices In The Obama Administration and Big Lie Media Aided and Abetted Them — Fearing Clinton Might Lose They Planned For An October Surprise That Would Finish Trump Off —  Surprise — Surprise –Videos — Story 2: Time To Fire Mueller & Rosenstein and Stop Wasting Taxpayer Money on Clinton Conspiracy Theory of Trump  Russian Collusion Based on A Fictional Dossier and No Evidence At All of Trump Collusion — Investigate The Obama Administration’s Use of The Intelligence Community (CIA, FBI, and NSA)  For Political Purposes By Their Secret Surveillance of American Citizens Including Trump and Campaign and Cover-up of Clinton Foundation Crimes of Racketeering and Public Corruption — The Cover-up and Scandal of The Century –Videos

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Pronk Pops Show 985, October 17, 2017

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Pronk Pops Show 968, September 20, 2017

Pronk Pops Show 967, September 19, 2017

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Image result for branco cartoons uranium one clinton foundation 2017Image result for branco cartoons uranium one clinton foundation 2017Image result for branco cartoons uranium one clinton foundation 2017Image result for branco cartoons uranium one clinton foundation 2017Image result for obama susan rice and power

Story 1: Clinton’s Campaign and Democratic National Committee Paid For A  Fabricated  “Dossier” on Trump Used as Campaign  Propaganda  and Their Accomplices In The Obama Administration and Big Lie Media Aided and Abetted Them — Fearing Clinton Might Lose They Planned For An October Surprise That Would Finish Trump Off —  Surprise — Surprise –Videos —

Tucker Carlson Tonight 10/27/17 – Tucker Carlson Tonight October 27, 2017 Fox News

Lou Dobbs Tonight 10/27/17 | Breaking News | October 27, 2017

Does the dossier bombshell spell trouble for the Democrats?

Inside the investigation on the ‘real’ Russia scandal

BREAKING: CLINTONS, DNC FUND TRUMP, RUSSIA REPORT!

Trump rips Clinton link to Fusion GPS dossier as a ‘disgrace,’ says Russia ‘hoax is turned around’

New Developments In The Uranium One Scandal – Hannity

Russia Scandal Flips On Democrats and Media – Defeat Trump Media – Hannity

Trump Vindicated – Clinton campaign & DNC financed bogus Russian dossier – Fox News Panel 10/25/17

Ben Shapiro: Clinton campaign and the DNC funded the research that led to phony Trump-Russia dossier

Ben Shapiro: The Trump-Russia dossier story turns around to Hillary Clinton (audio from 10-26-2017)

Clinton has lied repeatedly about funding the dossier: Kennedy

Clapper on dossier: ‘Doesn’t matter who paid for it’

Trump: Russian dossier is a ‘disgrace’

FOX News Tonight | Oct 25, 2017 | Clinton Camp. and Dems Party Helped Pay for Russian Trump Dossier

Tucker Carlson Special: Full Story Behind FBI Coverup of Clintons Server and CrowdStrike

WOW! Trump PERSONALLY Ordered DOJ To Lift Gag Order On Clinton-Uranium One Informant

Tucker: Why won’t the FBI answer basic questions on Russia?

Clinton & DNC Paid for Fake Trump Dossier, 1860

Steyn: Everybody was colluding with Russia except Trump

Dossier dismissed: DNC & Hillary Clinton’s campaign funded Trump-Russia case

Trump Dossier Battle – Fusion GPS Asks Court To Stop Subpoena For Bank Records – Special Report

Putin dismisses Trump’s dossier as fake

Russian President Vladimir Putin dismissed as a hoax a privately-prepared intelligence dossier that claimed Russian intelligence agencies had compromising material on President-elect Trump. Elizabether Palmer has the details.

Clinton campaign, DNC paid for research that led to Russia dossier

 
The Washington Post’s Adam Entous looks at the role that Hillary Clinton’s campaign and the Democratic National Committee played in funding the research that led to a dossier containing allegations about President Trump’s links to Russia. (Video: Bastien Inzaurralde, Patrick Martin/Photo: Melina Mara/The Washington Post)

 October 24 at 7:21 PM

The Hillary Clinton campaign and the Democratic National Committee helped fund research that resulted in a now-famous dossier containing allegations about President Trump’s connections to Russia and possible coordination between his campaign and the Kremlin, people familiar with the matter said. Marc E. Elias, a lawyer representing the Clinton campaign and the DNC, retained Fusion GPS, a Washington firm, to conduct the research.After that, Fusion GPS hired dossier author Christopher Steele, a former British intelligence officer with ties to the FBI and the U.S. intelligence community, according to those people, who spoke on the condition of anonymity.Elias and his law firm, Perkins Coie, retained the company in April 2016 on behalf of the Clinton campaign and the DNC. Before that agreement, Fusion GPS’s research into Trump was funded by an unknown Republican client during the GOP primary.

The Clinton campaign and the DNC, through the law firm, continued to fund Fusion GPS’s research through the end of October 2016, days before Election Day.

Former British intelligence officer Christopher Steele compiled the dossier on President Trump’s alleged ties to Russia. (Victoria Jones/AP)

Fusion GPS gave Steele’s reports and other research documents to Elias, the people familiar with the matter said. It is unclear how or how much of that information was shared with the campaign and the DNC and who in those organizations was aware of the roles of Fusion GPS and Steele. One person close to the matter said the campaign and the DNC were not informed by the law firm of Fusion GPS’s role.

The dossier has become a lightning rod amid the intensifying investigations into the Trump campaign’s possible connections to Russia. Some congressional Republican leaders have spent months trying to discredit Fusion GPS and Steele and tried to determine the identity of the Democrat or organization that paid for the dossier.

Trump tweeted as recently as Saturday that the Justice Department and FBI should “immediately release who paid for it.”

Elias and Fusion GPS declined to comment on the arrangement.

A DNC spokeswoman said “[Chairman] Tom Perez and the new leadership of the DNC were not involved in any decision-making regarding Fusion GPS, nor were they aware that Perkins Coie was working with the organization. But let’s be clear, there is a serious federal investigation into the Trump campaign’s ties to Russia, and the American public deserves to know what happened.”

Brian Fallon, a former spokesman for the Clinton campaign, said he wasn’t aware of the hiring during the campaign.

“The first I learned of Christopher Steele or saw any dossier was after the election,” Fallon said. “But if I had gotten handed it last fall, I would have had no problem passing it along and urging reporters to look into it. Opposition research happens on every campaign, and here you had probably the most shadowy guy ever running for president, and the FBI certainly has seen fit to look into it. I probably would have volunteered to go to Europe myself to try and verify if it would have helped get more of this out there before the election.”

Marc E. Elias of Perkins Coie represented the Clinton campaign and the Democratic National Committee. (Matt McClain/The Washington Post)

Some of the details are included in a Tuesday letter sent by Perkins Coie to a lawyer representing Fusion GPS, telling the research firm that it was released from a ­client-confidentiality obligation. The letter was prompted by a legal fight over a subpoena for Fusion GPS’s bank records.

People involved in the matter said that they would not disclose the dollar amounts paid to Fusion GPS but that the campaign and the DNC shared the cost.

Steele previously worked in Russia for British intelligence. The dossier is a compilation of reports he prepared for Fusion GPS. The dossier alleged that the Russian government collected compromising information about Trump and that the Kremlin was engaged in an effort to assist his campaign for president.

U.S. intelligence agencies later released a public assessment asserting that Russia intervened in the 2016 election to aid Trump. The FBI has been investigating whether Trump associates helped the Russians in that effort.

Trump has adamantly denied the allegations in the dossier and has dismissed the FBI probe as a witch hunt.

Officials have said that the FBI has confirmed some of the information in the dossier. Other details, including the most sensational accusations, have not been verified and may never be.

Fusion GPS’s work researching Trump began during the Republican presidential primaries, when the GOP donor paid for the firm to investigate the real estate magnate’s background.

Fusion GPS did not start off looking at Trump’s Russia ties but quickly realized that those relationships were extensive, according to the people familiar with the matter.

When the Republican donor stopped paying for the research, Elias, acting on behalf of the Clinton campaign and the DNC, agreed to pay for the work to continue. The Democrats paid for research, including by Fusion GPS, because of concerns that little was known about Trump and his business interests, according to the people familiar with the matter.

 

Those people said that it is standard practice for political campaigns to use law firms to hire outside researchers to ensure their work is protected by attorney-client and work-product privileges.

The Clinton campaign paid Perkins Coie $5.6 million in legal fees from June 2015 to December 2016, according to campaign finance records, and the DNC paid the firm $3.6 million in “legal and compliance consulting’’ since November 2015 — though it’s impossible to tell from the filings how much of that work was for other legal matters and how much of it related to Fusion GPS.

At no point, the people said, did the Clinton campaign or the DNC direct Steele’s activities. They described him as a Fusion GPS subcontractor.

Some of Steele’s allegations began circulating in Washington in the summer of 2016 as the FBI launched its counterintelligence investigation into possible connections between Trump associates and the Kremlin. Around that time, Steele shared some of his findings with the FBI.

After the election, the FBI agreed to pay Steele to continue gathering intelligence about Trump and Russia, but the bureau pulled out of the arrangement after Steele was publicly identified in news reports.

The dossier was published by BuzzFeed News in January. Fusion GPS has said in court filings that it did not give BuzzFeed the documents.

Current and former U.S. intelligence officials said that Steele was respected by the FBI and the State Department for earlier work he performed on a global corruption probe.

In early January, then-FBI Director James B. Comey presented a two-page summary of Steele’s dossier to President Barack Obama and President-elect Trump. In May, Trump fired Comey, which led to the appointment of Robert S. Mueller III as special counsel investigating the Trump-Russia matter.

Congressional Republicans have tried to force Fusion GPS to identify the Democrat or group behind Steele’s work, but the firm has said that it will not do so, citing confidentiality agreements with its clients.

Over objections from Democrats, the Republican leader of the House Intelligence Committee, Rep. Devin Nunes (Calif.), subpoenaed Fusion GPS’s bank records to try to identify the mystery client.

Fusion GPS has been fighting the release of its bank records. A judge on Tuesday extended a deadline for Fusion GPS’s bank to respond to the subpoena until Friday while the company attempts to negotiate a resolution with Nunes.

Julie Tate contributed to this report.

https://www.washingtonpost.com/world/national-security/clinton-campaign-dnc-paid-for-research-that-led-to-russia-dossier/2017/10/24/226fabf0-b8e4-11e7-a908-a3470754bbb9_story.html?utm_term=.29781c192bae

Robert Mueller’s widening Russia probe is sweeping up Democrats, including lobbyist Tony Podesta

The scope of Russian involvement in U.S. business and politics is extensive

MATTHEW SHEFFIELD 10.23.20171:51 PM

Much like the mid-90s saw story after story showing how extensive Chinese government operations within U.S. politics were, the aftermath of the 2016 presidential election is demonstrating the size of Russia’s.

That’s the overall takeaway from a series of news reports, including one from NBC that indicated that special prosecutor Robert Mueller has been investigating the business dealings of Democratic lobbyist Tony Podesta. His firm, the Podesta Group, is one of several that did work on behalf of Paul Manafort, the former campaign chair of President Donald Trump’s campaign.

 Manafort, who has told friends that he expects to be indicted by Mueller, has been under investigation for his work on behalf of a number of Russian billionaires with interests in Ukraine and elsewhere — all of whom are closely connected to Russian President Vladimir Putin.

Podesta’s firm was hired to do lobbying by Manafort on behalf of an outfit called the European Centre for a Modern Ukraine (ECMU), which itself was hired to burnish the image of Ukraine’s then-president, who was closely tied to Moscow.

According to NBC’s sources, Mueller’s inquiry into the Podesta Group has expanded into whether it violated U.S. legal requirements that American individuals and corporations formally disclose their work on behalf of foreign governments. The failure to file under the Foreign Agents Registration Act (FARA) is a felony and can result in up to five years’ imprisonment. Prosecutions of FARA violations are rare and are often used as leverage in larger cases.

Neither the Podesta Group nor Manafort made their FARA disclosures until their work was exposed by media reports.

Podesta is the brother of Hillary Clinton’s former campaign manager, John Podesta. A report from McClatchy revealed that John was a board member of a Russian alternative energy company called Joule, which seems to have built a business plan on gaining access to a Clinton White House. Dmitry Akhanov, a close associate of Putin and the CEO of a government-owned investment firm, oversaw the company’s investment in Joule.

Russia’s government has also been revealed to have had ties to former president Bill Clinton’s philanthropic work as well as to several left-wing political parties in various countries. Moscow has also openly funded efforts to get California and Texas to secede from the United States, with the former campaign targeting progressives and the latter targeting conservatives.

https://www.salon.com/2017/10/23/robert-muellers-widening-russia-probe-is-sweeping-up-democrats-including-lobbyist-tony-podesta/

 

A YEAR of Clinton lies about the ‘golden showers’ dossier exposed as Hillary’s lawyer is under fire for falsely denying paying for it

By David Martosko, Us Political Editor For Dailymail.com

Hillary Clinton campaign lawyer who launched what would become known as the anti-Trump ‘dirty dossier’ denied involvement in the project for a year as reporters pressed him for information.

Marc Elias brokered a deal between the Clinton camp, the Democratic National Committee and opposition research firm Fusion GPS to dig up dirt on the president while he was running for office.

But a pair of New York Times reporters said Tuesday night on Twitter that Elias and others involved had lied about their ties to the arrangement.

‘Folks involved in funding this lied about it, and with sanctimony, for a year,’ Times reporter Maggie Haberman tweeted after The Washington Post linked the dossier to Elias and his law firm Perkins Coie.

Kennth Vogel, another Times journalist, tweeted: ‘When I tried to report this story, Clinton campaign lawyer @marceelias pushed back vigorously, saying “You (or your sources) are wrong”.’

Scroll down for videos

Hillary Clinton's campaign lawyer Marc E. Elias hired opposition research firm Fusion GPS in April 2016 to dig up dirt about Donald Trump, but falsely denied involvement to reporters

Two New York Times journalists blew up on Twitter when The Washington Post broke the story

Two New York Times journalists blew up on Twitter when The Washington Post broke the story

The Clinton campaign and the Democratic National Committee funneled money to Fusion GPS through Elias's law firm

The Clinton campaign and the Democratic National Committee funneled money to Fusion GPS through Elias’s law firm

The deal began in the spring of 2016, when Elias was approached by Fusion GPS, and lasted until right before Election Day. When Fusion approached Elias, it had already been doing research work on Trump for an unnamed client during the Republican primary.

But the dossier itself was funded entirely by Democrats, using Elias as a middle-man.

After the DNC and the Clinton campaign started paying, Fusion GPS hired former British spy Christopher Steele to do the dirt-digging. His work later resulted in the dossier.

Trump has called the material ‘phony stuff,’ and on Wednesday he portrayed himself as the aggrieved party.

Peter FritschThomas Catan

Fusion GPS co-founder Peter Fritsch (left) and partner Thomas Catan (right) took the Fifth last week rather than talking to Congress

The dossier, compiled by British spy Christopher Steele, contends that the Russian government amassed compromising information about Trump

The dossier, compiled by British spy Christopher Steele, contends that the Russian government amassed compromising information about Trump

The president posted a quote on Twitter that he attributed to Fox News: “Clinton campaign & DNC paid for research that led to the anti-Trump Fake News Dossier. The victim here is the President”.’

The FBI has worked to corroborate the document, and special counsel Robert Mueller’s team, which is investigating potential coordination between Russia and the Trump campaign, questioned Steele weeks ago.

The dossier circulated in Washington last year and was turned over to the FBI for its review. It contends that Russia was engaged in a long-standing effort to aid Trump and had amassed compromising information about the Republican.

Among its wild claims was that Russian officials have videos of the president cavorting with prostitutes, filmed during Trump’s 2013 visit to a luxury Moscow hotel for the Miss Universe contest

It also contains a highly unusual and unsubstantiated report that the call girls performed a ‘golden shower’ routine that involved them urinating on a hotel bed as a sign of disgust for then-president Barack Obama.

Trump has repeatedly dismissed the document as false and in recent days has questioned whether Democrats or the FBI itself had helped fund it.

President Donald Trump has repeatedly denied the dossier's claims, including the salacious allegation that he hired prostitutes in Russia

President Donald Trump has repeatedly denied the dossier’s claims, including the salacious allegation that he hired prostitutes in Russia

Trump called himself a 'victim' of the infamous dossier that Democrats helped pay to produce

Trump called himself a ‘victim’ of the infamous dossier that Democrats helped pay to produce

Trump also has challenged the findings of the FBI, NSA and CIA that Russia waged a large-scale influence campaign to interfere in the election.

The FBI and the CIA have said with high confidence that the effort was aimed at hurting Clinton’s candidacy and helping Trump. The NSA found the same with “moderate” confidence.

It’s unclear what Fusion GPS had dug up by the time Perkins Coie hired it in April 2016. According to a copy of the dossier published by BuzzFeed last year, the earliest report from Steele dates to June 2016.

It was not immediately known how much money Fusion was paid or how many others in the Clinton campaign or DNC were aware that the firm had been retained.

 Clinton campaign officials did not immediately comment, but in a statement, a DNC spokeswoman said the party chairman, Tom Perez, was not part of the decision-making and was unaware that Perkins Coie was working with Fusion GPS.

Former Clinton campaign spokesman Brian Fallon said on Twitter that he regretted not knowing about Steele’s hiring before the election, and that had he known, ‘I would have volunteered to go to Europe and try to help him.’

‘I have no idea what Fusion or Steele were paid but if even a shred of that dossier ends up helping Mueller, it will prove money well spent,’ Fallon in another tweet.

2016

June 20: The dossier is first dated June 20 and had contained several unverifiable periodic reports made over the summer, according to Mother Jones. It was sent in dated sections from a former Western intelligence officer to the FBI and alleged Russia had enough to blackmail Trump.

It alleged that Trump had been cultivated by Russian officials ‘for at least five years.’ It also claimed that the Kremlin had compromising material related to ‘sexually perverted acts’ Trump performed at a Moscow Ritz Carlton where former President Barack Obama once stayed.

Dossier also alleged that Trump’s inner circle was accepting a regular flow of intelligence from the Kremlin on Hillary Clinton.

July 27: Trump asks Russian hackers to find Clinton’s 30,000 emails during a press conference.

July 31: Kremlin weighing whether to release more information about Clinton.

Late July: The FBI opens its investigation into Russia’s interference in the election, and the Trump campaign’s possible role in it.

August 27: Then-U.S. Sen. Harry Reid sent a letter to then-FBI Director James Comey and called for a full investigation and public disclosure. He wrote: ‘The evidence of a direct connection between the Russian government and Donald Trump’s presidential campaign continues to mount and has led Michael Morrell, the former Acting Central Intelligence Director, to call Trump an ‘unwitting agent’ of Russia and the Kremlin.’

September 23: U.S. intelligence officials began investigating links between Trump adviser Carter Page and the Russian government, Yahoo News reported. Page had extensive business links in Russia and is a former Merrill Lynch investment banker in Moscow.

October 7: The Obama administration publicly accuses Russia of ‘directing the recent compromises of e-mails from U.S. persons and institutions, including from U.S. political organizations’ to affect the US election.

October 30: Reid sent Comey another letter demanding that Trump’s possible ties to Russia be fully investigated and he cited the existence of ‘explosive information’ that the FBI has in its possession.

November 3, 2016: Russian oligarch Dmitry Rybolovlev flies into Charlotte, North Carolina on a private plane. Trump’s plane lands on the tarmac not long after and parks next to Rybolovlev, whose plane stays in Charlotte for 22 hours afterward. Trump rallies in nearby city Concord.

November 8: Trump wins the election to become the 45th president of the United States.

November 10: President Barack Obama warns Trump during a meeting at the White House that national security advisor Michael Flynn, a former U.S. Army lieutenant general and Defense Intelligence Agency chief, is a problem.

November 18: During a security meeting in Halifax, Nova Scotia, Sen. John McCain hears about the documents and dispatches a former US official to meet the source of the documents and gather more information.

December 9: McCain meets Comey gives the FBI director the documents, The Guardian reported.

December 13: This is the last date of the memos from the dossier written by the British source.

December 29: The Obama administration issues new sanctions on Russia in retaliation for Russia’s hacking of the Democratic National Committee in the summer and other efforts to interfere with the U.S. election.

2017 

January 10: Obama and Trump were both given a two-page summary of the dossier, CNN reported. BuzzFeed News then reported on the dossier and published it in full about how it alleges Trump’s deep ties with Russia.

January 19: The New York Times reported that ‘intercepted communications’ between Trump associates and Russians are being investigated as part of the FBI’s inquiry into Russia’s election meddling.

January 27: Trump’s lawyer, Michael Cohen, holds a meeting with Russian-American businessman Felix Sater and Ukrainian lawmaker Andrii Artemenko to discuss a backchannel ‘peace plan’ for Russia and Ukraine.

February 13: Flynn resigns as national security adviser after reports emerge that he misled Vice President Mike Pence.

March 2: Attorney General Jeff Sessions recuses himself from the investigation into whether the Trump campaign communicated with Russia.

March 4: Without presenting evidence, Trump tweets that Obama had Trump Tower’s ‘wires tapped’ during the presidential campaign.

March 15: Rep. Devin Nunes, the chairman of the