Comey case: Trump-appointed attorney backtracks; scrambles to save indictment after DOJ ‘lapse’?
By The Economic Times
Here's a detailed summary of the provided YouTube video transcript:
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.
- Carter Page FISA Application: A specific application submitted to the FISA court to obtain surveillance authorization on Carter Page, an individual associated with the Trump campaign.
- Steele Dossier: A controversial collection of intelligence reports compiled by Christopher Steele, alleging connections between Donald Trump and the Russian government.
- DNC/Hillary Clinton Campaign Funding: The Democratic National Committee and the Hillary Clinton presidential campaign were identified as funders of the Steele Dossier.
- Omissions/Lies to the FISA Court: Allegations that the FBI and Department of Justice failed to disclose crucial information to the FISA court, potentially misleading it.
- Grand Jury Process: The legal procedure where a jury hears evidence to determine if there is enough probable cause to bring criminal charges.
- Andrew McCabe: Former Deputy Director of the FBI, who made statements contradicting testimony given by James Comey.
- James Comey: Former Director of the FBI, whose prosecution and testimony are central to the discussion.
- Peter Strzok: An FBI attorney involved in the Russia investigation and the Carter Page FISA application.
- Primary Subsource: The individual who provided much of the information for the Steele Dossier, later revealed to be a suspected Russian asset.
- Anonymous Source Leaks: Allegations of unauthorized leaks of information to the media, and whether they were authorized by FBI leadership.
Summary of Transcript Content
The transcript details a contentious discussion, likely from a congressional hearing, focusing on the FBI's conduct during the investigation into alleged Russian interference in the 2016 U.S. presidential election, particularly concerning the Carter Page FISA application and the Steele Dossier. The core of the exchange revolves around alleged omissions and misrepresentations made to the Foreign Intelligence Surveillance (FISA) court and the integrity of the investigation itself.
Allegations of Omissions to the FISA Court Regarding Steele Dossier Funding
A significant portion of the transcript addresses the FBI's failure to fully disclose the funding sources of the Steele Dossier to the FISA court.
- Key Point: The transcript asserts that the FBI repeatedly failed to inform the FISA court that the Steele Dossier was funded by the Democratic National Committee (DNC) and the Hillary Clinton campaign.
- Specifics: The questioning individual states that the FBI was "specifically aware" of this funding in September 2016.
- Argument: The prosecution argues that this omission was critical because the court "deserved to know" the political opposition research funding behind the dossier, which was then used to obtain surveillance orders.
- Comey's Testimony: James Comey's recollection is challenged. He states his recollection is that the FISA court was alerted to the "possibility that it was a politically biased reporting." The interrogator refutes this, stating, "Your recollection is is false. The FISA court was not told that it was funded by the DNC."
- Distinction: The interrogator emphasizes the difference between alerting the court to "political bias" and informing it that the dossier was "funded by the Hillary Clinton campaign."
- Technical Term: FISA application refers to the legal document submitted to the FISA court to request authorization for electronic surveillance.
Issues with the Carter Page FISA Application and the Horowitz Report
The integrity of the Carter Page FISA application is questioned, referencing findings from the Inspector General's report.
- Key Point: The Inspector General's report identified 17 "significant errors or admissions/omissions" in the Carter Page FISA application.
- Specific Example: The transcript highlights a specific instance where an FBI attorney, identified as Mr. Klein Smith, allegedly altered an email from the CIA.
- The CIA responded to an inquiry about Carter Page by stating he was a "source."
- Mr. Klein Smith allegedly altered the email to read "not a source," thereby reversing the CIA's statement.
- This "fraudulent document" was then allegedly used as a basis for a "fraudulent submission to the FISA court."
- Comey's Response: Comey disputes the characterization of these events as "lies to the court," but acknowledges "significant and important failings in the way in which the Carter Page Fisa was prepared and renewed." He states it was "not the practice in the FBI to fraudulently alter anything as presented to federal courts."
- Argument: The interrogator argues that an investigation featuring "fraudulent evidence" cannot be considered "competent and honest."
The Steele Dossier's Primary Subsource and Suspected Russian Asset Status
The transcript delves into the background of the primary subsource for the Steele Dossier.
- Key Point: The primary subsource, who formed the basis of the Steele Dossier, was a suspected Russian asset.
- Comey's Awareness: Comey claims he does not recall ever being informed of any prior investigation into Steel's sources, including the primary subsource. He states he is aware of it today due to 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.
- The subsource allegedly indicated that if these individuals obtained government positions with access to classified information, he knew people who could be spoken to for "recruiting spies against the US government."
- Argument: The interrogator questions Comey's lack of awareness and due diligence, stating, "You have a Russian agent that is the basis for an FBI investigation and the FBI is the one who had investigated them. Your testimony is you didn't know."
- Omission to FISA Court: The interrogator also points out that this information about the subsource being a suspected Russian asset was not disclosed to the FISA court, suggesting the court would have had a "very different assessment" if informed.
Allegations of Comey Authorizing Leaks to the Media
The transcript addresses accusations that James Comey lied under oath about authorizing leaks to the press.
- Key Point: Comey testified under oath in May 2017 that he had never been an anonymous source in news reports and had never authorized anyone else at the FBI to be one.
- Contradictory Testimony: Andrew McCabe, who worked under Comey, has publicly stated that he leaked information to the Wall Street Journal and that Comey was "directly aware of it and that you directly authorized it."
- Interrogator's Statement: "Now, what Mr. McCabe is going to say and what you testified to this committee cannot both be true. One or the other is false. Who's telling the truth?"
- Comey's Defense: 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 refuses to characterize McCabe's testimony but maintains his own.
Prosecution of James Comey and Procedural Irregularities
The transcript briefly touches upon the prosecution of James Comey and alleged procedural issues.
- Context: A day after the Justice Department informed a federal judge that a grand jury had not examined the final indictment of Comey, the appointed U.S. Attorney, Lindseay Halligan, backtracked.
- Halligan's Statement: Halligan asserted that the grand jury had indeed properly approved the charges, an effort to manage fallout from her earlier comments that threatened the prosecution.
- Hurdle: The prosecution faced questioning from a judge about the "confusing process" behind the two-count indictment.
- Comey's Lawyers' Motion: Comey's lawyers asked the judge to throw out the case, alleging the government was being "vindictive."
- New Court Filing: A new filing, including a transcript, was made to "dispel any perception that the grand jury process was flawed."
- Concerns: The transcript notes the "unusual nature of the prosecution against a Trump political opponent" and the risk of assigning the case to Halligan, who had "no prior prosecutorial experience" and was appointed shortly before the indictment. She replaced an experienced prosecutor who resigned amid "Trump administration pressure to indict Comey."
Conclusion of the Interrogation
The interrogator concludes by stating their belief that the investigation into the president was "corrupt" and that the FBI and Department of Justice were "politicized and weaponized."
- Two Possibilities: The interrogator presents two possibilities: that Comey was "deliberately corrupt or woefully incompetent," and states, "I don't believe you were incompetent."
- Impact: The interrogator asserts that this 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."
Logical Connections Between Sections
The transcript flows logically by first establishing the alleged lack of transparency with the FISA court regarding the Steele Dossier's funding. This leads into the broader discussion of the Carter Page FISA application's integrity, supported by the Inspector General's findings and specific examples of alleged evidence alteration. The focus then shifts to the compromised nature of the dossier's foundation by examining the primary subsource's background. Finally, the transcript broadens to address Comey's personal credibility through allegations of lying under oath about leaks, and briefly touches on the procedural issues surrounding his own prosecution, all contributing to the overarching argument of a politicized and corrupt investigation.
Data, Research Findings, or Statistics
- 17 significant errors or admissions/omissions: Cited from the Horowitz Inspector General report regarding the Carter Page FISA application.
Notable Quotes or Significant Statements
- Interrogator: "Your recollection is is false. The FISA court was not told that it was funded by the DNC. That's one of the omissions that your FBI did repeatedly to the federal court."
- Comey: "My recollection is the court was alerted that there was potential political bias in this reporting."
- Interrogator: "Political bias is different from saying it was funded by the Hillary Clinton campaign."
- Interrogator: "You believe that is honest and competent, Mr. Comey?" (referring to the altered email incident)
- Comey: "I don't believe you've offered an accurate summary of the Haroritz's findings."
- Interrogator: "When did you learn that the primary subsource, so the basis for this garbage steel dossier was a suspected Russian asset?"
- Comey: "I don't remember ever being informed of any prior investigation of the any of Steel's sources, including the primary subsource."
- Interrogator: "This investigation of the president was corrupt. the FBI and the Department of Justice were politicized and weaponized."
Technical Terms, Concepts, or Specialized Vocabulary
- FISA: Foreign Intelligence Surveillance Act.
- FISA Court: Foreign Intelligence Surveillance Court.
- FISA Application: A formal request to the FISA court for authorization to conduct surveillance.
- Steele Dossier: A collection of intelligence reports.
- DNC: Democratic National Committee.
- Grand Jury: A jury that hears evidence to decide if criminal charges should be filed.
- Indictment: A formal accusation of a crime.
- Counterintelligence Investigation: An investigation to detect and counter espionage and other intelligence activities by foreign powers.
- Anonymous Source: A source of information for a news report whose identity is not revealed.
- Weaponize: To use a tool or organization for malicious or politically motivated purposes.
Synthesis/Conclusion
The transcript presents a strong accusation that the FBI, under James Comey's leadership, engaged in significant omissions and potentially misrepresented information to the FISA court, particularly concerning the funding and the compromised nature of the Steele Dossier's primary subsource. These alleged failures are framed as evidence of a politicized and corrupt investigation into the Trump campaign and presidency. The discussion also highlights contradictions in testimony regarding leaks to the media, further questioning the integrity of key figures involved. The overall takeaway is a severe indictment of the FBI's conduct during a critical period, suggesting that law enforcement was used as a political weapon, causing damage to the institution's reputation.
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