Comey case explodes: Judge cites ‘US govt misconduct,’ orders release of grand jury evidence

Key Concepts

• FISA Court: Foreign Intelligence Surveillance Court, a U.S. court that oversees requests for warrants for the government to conduct foreign intelligence and electronic surveillance on American citizens.
• Steel Dossier: A controversial collection of memos compiled by Christopher Steele, alleging connections between Donald Trump's presidential campaign and the Russian government.
• DNC (Democratic National Committee): The governing body of the U.S. Democratic Party.
• Hillary Clinton Campaign: The presidential campaign of Hillary Clinton in 2016.
• Opposition Research: Information gathered by a political campaign about its opponent, often used for attack ads or strategy.
• Grand Jury Materials: Records of proceedings before a grand jury, which are typically kept secret.
• Government Misconduct: Illegal or unethical actions by government officials.
• Investigative Missteps: Errors or failures in the process of conducting an investigation.
• Carter Page FISA Application: A Foreign Intelligence Surveillance Act (FISA) warrant application related to Carter Page, a former advisor to the Trump campaign.
• Horowitz Inspector General Report: A report by the Department of Justice's Office of the Inspector General detailing findings on the FBI's conduct during the Russia investigation.
• Subsource: An individual who provides information to a primary source, who then relays it to investigators or researchers.
• Counterintelligence Investigation: An investigation aimed at protecting a nation's secrets and preventing espionage.
• Anonymous Source: An individual who provides information to the media without revealing their identity.
• Wall Street Journal: A prominent American business-focused, international daily newspaper.

Summary

This transcript details a contentious exchange, likely a congressional hearing, focusing on the FBI's conduct during the investigation into Russian interference in the 2016 U.S. presidential election, particularly concerning the Carter Page FISA application and the Steel Dossier. The core of the discussion revolves around alleged omissions and misrepresentations made to the FISA court and the competence and honesty of the FBI's actions.

Allegations of Omissions and Misrepresentations to the FISA Court

A significant portion of the transcript addresses the FBI's failure to fully disclose crucial information to the FISA court when seeking surveillance warrants.

• Funding of the Steel Dossier: The questioning highlights that the FBI was aware that the Steel Dossier was funded by the Democratic National Committee (DNC) and the Hillary Clinton campaign.

  • Key Point: The interrogator asserts that this information was known to the FBI in September 2016, yet it was repeatedly omitted from FISA applications.
  • Argument: The interrogator argues that the FISA court "deserved to know" this funding source, as it directly related to the political opposition research underpinning the investigation.
  • Comey's Defense: James Comey's recollection is that the FISA court was alerted to the "possibility that it was a politically biased reporting."
  • Rebuttal: The interrogator vehemently disputes this, stating Comey's recollection is "false" and that the court was not told it was funded by the DNC. This is characterized as one of the "omissions that your FBI did repeatedly to the federal court."
  • Distinction: The interrogator emphasizes the difference between "political bias" and explicit knowledge of funding by the "Hillary Clinton campaign," arguing that the latter was known and not disclosed.

• Alteration of Evidence: The transcript details a specific instance of alleged fraudulent alteration of evidence submitted to the FISA court.

  • Case Study: An FBI attorney, Mr. Klein Smith, is accused of deliberately altering an email from the CIA.
  • The Alteration: The CIA responded to an inquiry about Carter Page by stating, "Yes, he was a source." Mr. Klein Smith allegedly altered the email to add the words "not a source," thereby reversing the CIA's statement.
  • Consequence: This "fraudulent document" was then used as a basis for a "fraudulent submission to the FISA court."
  • Comey's Response: Comey disputes the accuracy of this summary of the Inspector General's findings and states that it was "not the practice in the FBI to fraudulently alter anything that's presented to federal courts."
  • Interrogator's Counter: The interrogator finds it "difficult to say that that an investigation that featured fraudulent evidence is competent and honest."

• Subsource Information: The transcript also questions the FBI's knowledge and disclosure regarding the primary subsource of the Steel Dossier.

  • Key Point: The interrogator asks when Comey learned that the primary subsource was a "suspected Russian asset."
  • Comey's Testimony: Comey states he does not recall ever being informed of any prior investigation of Steel's sources, including the primary subsource. He claims to be aware of it now only through public information and a DOJ memo.
  • Details of Subsource Investigation: The transcript reveals that the primary subsource was subject to an FBI counterintelligence investigation from 2009 to 2011. This investigation involved the subsource approaching individuals about to enter the Obama administration and offering to help them "make a little extra money" by speaking to people who could "recruit spies against the US government."
  • Interrogator's Concern: The interrogator expresses disbelief that the FBI would investigate a "Russian agent" and then use information from that agent as the basis for an investigation without proper due diligence or disclosure to the FISA court. The interrogator suggests the FISA court would have had a "very different assessment" if informed of this.

Judicial Findings of Government Misconduct

The transcript references a significant judicial ruling concerning the prosecution of James Comey.

• Federal Magistrate Judge's Ruling: On November 17th, a federal magistrate judge found "government misconduct" in the Trump-aligned prosecution of ex-FBI Director James Comey.
• Order for Grand Jury Materials: The judge ordered grand jury materials to be handed over to Comey's defense.
• Condemnation of Justice Department: The ruling strongly condemned the Justice Department for a "disturbing pattern of profound investigative missteps" in its management of the case against Comey.
• "Charge First, Investigate Later" Approach: The court expressed concern that the Justice Department appeared to follow a "charge first, investigate later approach" toward Comey.
• Extraordinary Remedy: US Magistrate Judge William Fitzpatrick granted Comey's team access to all grand jury materials, including transcripts, evidence, and audio recordings, calling it an "extraordinary remedy to safeguard Comey's legal rights" due to the "prospect that government misconduct may have tainted the grand jury proceedings."
• Prejudice to Comey: The judge noted that "procedural and substantive irregularities" and the manner in which evidence was collected and used "may rise to the level of government misconduct resulting in prejudice to Mr. Comey."
• Judge Fitzpatrick's Involvement: This ruling stemmed from the government's request to use a filter protocol for potentially privileged material seized between 2019-2020, which Comey's team opposed, arguing the documents were improperly retained and used.

Allegations of Lying Under Oath and Unauthorized Leaks

The transcript also addresses accusations of perjury and unauthorized leaks by James Comey.

• Testimony to the Committee: Comey testified under oath to the committee in May 2017.

  • Question 1: "Have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?"
  • Comey's Answer: "Never."
  • Question 2: "Have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration?"
  • Comey's Answer: "No."

• Contradictory Testimony from McCabe: The interrogator points out that Andrew McCabe, who worked under Comey, has "publicly and repeatedly stated that he leaked information to the Wall Street Journal and that you were a directly aware of it and that you directly authorized it."

• The Dilemma: The interrogator states that "what Mr. McCabe is saying and what you testified to this committee cannot both be true. One or the other is false."

• Comey's Stance: Comey reiterates, "I can only speak to my testimony. I stand by what the testimony you summarized that I gave in May of 2017." He further states, "I'm not going to characterize Andy's testimony, but mine is the same today." This implies Comey believes McCabe is not telling the truth.

Conclusion and Accusations of Corruption

The interrogator concludes by making a strong accusation about the nature of the investigation.

• Final Point: "This investigation of the president was corrupt. the FBI and the Department of Justice were politicized and weaponized."
• Two Possibilities: The interrogator presents two possibilities for Comey's actions: "That you were deliberately corrupt or woefully incompetent."
• Rejection of Incompetence: The interrogator states, "And I don't believe you were incompetent."
• Damage to the FBI: The interrogator asserts that this situation has "done severe damage to the professionals and the honorable men and women at the FBI" because "law enforcement should not be used as a political weapon."
• Legacy: The interrogator concludes, "And that is the legacy you've left."

Synthesis/Conclusion

The transcript reveals a severe critique of the FBI's conduct during the Russia investigation, particularly concerning the FISA process and the handling of the Steel Dossier. Key takeaways include:

1. Deliberate Omissions: There is strong evidence presented suggesting the FBI deliberately omitted critical information, such as the political funding of the Steel Dossier and the compromised status of its subsource, from FISA applications.
2. Judicial Scrutiny: A federal judge has formally recognized "government misconduct" and "profound investigative missteps" in a case related to Comey, indicating systemic issues.
3. Credibility Issues: Comey's testimony is directly challenged by evidence of altered documents and the contradictory statements of a former subordinate, raising questions about his honesty and competence.
4. Weaponization of Law Enforcement: The overarching argument is that the FBI and DOJ were politicized and weaponized, leading to severe damage to the integrity of law enforcement and the professionals within it.
5. Lack of Transparency: The repeated failure to disclose vital information to the FISA court is presented as a fundamental breach of trust and a violation of due process.