
Republican
senators Charles
Grassley (Iowa) and Lindsey
Graham (S.C.) on Monday
released a letter they sent to the FBI asking that
ex-British spy Christopher Steele be investigated for
possible criminal violations. Steele authored the anti-Trump
“dossier” that was full of false or unverified information,
provided to the FBI and leaked to the press in 2016.
The
FBI secretly used the Steele dossier to convince a
Foreign Intelligence Surveillance Court to permit one of the
most sensitive invasions of privacy against a U.S. citizen:
electronic surveillance by the government. Top Obama and
Trump officials signed four wiretap applications against
Trump adviser Carter Page starting in fall of 2016 — a month
before the presidential election — relying, in part, on the
dossier. That’s according to House Republicans who, on
Friday, released a summary of classified documents they
reviewed.
The
FBI’s reliance on the anti-Trump dossier is questionable
because while the judge was reportedly told the author had
political motivations, the FBI allegedly did not disclose
who funded it: Donald
Trump’s chief opponent in the presidential
race — the Hillary
Clinton campaign — and the
Democratic National Committee.
Not
only that, the newly-released criminal referral says Steele
actually incorporated information that was funneled to him
through Clinton associates and the U.S. State Department
where Clinton had served as Secretary of State from 2009 to
early 2013. In a memo dated Oct. 19, 2016, Steele wrote that
a foreign source who was in touch with “a friend of the
Clintons” passed him material through a U.S. State
Department connection.
Even
more problematic, the FBI may
have violated strict rules — Woods
Procedures — that forbid it from presenting even a single
unverified fact to the special court, let alone a lengthy
dossier full of them.
The
criminal referral unveiled today says Steele's possible
violations involve claims he reportedly made about his
dealings with the media. Conflicting accounts arose as part
of a lawsuit in Great Britain where Steele is defending a
libel claim made by a Russian businessman. Steele publicly
accused him of hacking the Democratic Party. The criminal
referral is not a formal accusation of wrongdoing against
Steele, but a request for an investigation.
Conflicts
of interest?
In
the bigger picture, the criminal referral highlights
conflicts of interest questions emerging in the wide-ranging
investigations:
The
Steele criminal referral in essence asks the FBI to
investigate a source with whom FBI officials collaborated,
and whose evidence they used in a fashion that’s under
congressional investigation.
The
referral was addressed to Deputy Attorney General Rod
Rosensteinwho himself signed at least one of
the questionable wiretap applications using the Steele
dossier.
It
was also addressed to FBI Director Christopher Wray whose
choice for general counsel, Dana Boente, also signed at
least one of the wiretap applications. Boente replaced James
Baker, a confidante of former FBI Director James
Comey, who signed three of the wiretap
applications. (Baker was reassigned in December after
questions arose about leaks promoting the anti-Trump
material in the dossier. Last June, Comey admitted that he
secretly orchestrated a leak to the press to prompt a
special counsel investigation of any Trump-Russia ties. Robert
Mueller was
appointed two days later.)
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MORE BY SHARYL ATTKISSON
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- New FBI messages reveal agents sought way to evade federal record requirements
- As walls close in on FBI, the bureau lashes out at its antagonists
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Other
potential conflicts of interest became apparent when
senators Grassley and Graham asked the FBI for permission to
release the Steele criminal referral last month. Grassley
says the FBI stonewalled — then claimed that unclassified
information was actually classified and said it could not be
released.
Unlike
the House of Representatives, which has processes allowing
members to release formerly classified material without FBI
approval, the Senate requires the FBI’s permission.
That’s
why the documents released today still contain significant
blacked out or redacted portions. The FBI’s explanation for
that is also partly redacted. FBI Assistant Director for
Congressional Affairs Gregory Bower stated “the FBI cannot
and will not weaken its commitment to protecting [redacted].
Public reporting about [redacted] does not affect the FBI’s
policy with respect to classification [redacted] nor does it
diminish our obligations [redacted].”
Page,
the target of at least four secret government wiretaps, has
not been accused of any wrongdoing.
Sharyl
Attkisson (@SharylAttkisson)
is an Emmy-award winning investigative journalist, author
of The New York Times bestsellers “The Smear” and
“Stonewalled,” and host of Sinclair’s Sunday TV program “Full
Measure.”