The Daily Caller reports that top officials in the FBI were reliably informed that the Chinese received nearly all the emails of Secretary of State Hillary Clinton through their hackers in the US – and decided to do nothing about it: 

A Chinese-owned company operating in the Washington area hacked Hillary Clinton’s private server throughout her term as secretary of state and obtained nearly all her emails …  

The Chinese firm obtained Clinton’s emails in real time as she sent and received communications and documents through her personal server … 

The private server she insisted on using had been prepared by Chinese experts to send Chinese agents copies of whatever emails she received and sent.  

The Chinese wrote code that was embedded in the server, which was kept in Clinton’s residence in upstate New York. The code generated an instant “courtesy copy” for nearly all of her emails and forwarded them to the Chinese company … 

The Intelligence Community Inspector General (ICIG) found that virtually all of Clinton’s emails were sent to a “foreign entity”,Rep. Louie Gohmert, a Texas Republican, said at a July 12 House Committee on the Judiciary hearing. …

And did the FBI not find out that this was happening?

They knew. They were told. Over and over again.

Two officials with the ICIG, investigator Frank Rucker and attorney Janette McMillan, met repeatedly with FBI officials to warn them of the Chinese intrusion, according to a former intelligence officer with expertise in cybersecurity issues, who was briefed on the matter. …

Which FBI agents in particular were told?

Among those FBI officials was Peter Strzok, who was then the bureau’s top counterintelligence official. Strzok was fired this month following the discovery he sent anti-Trump texts to his mistress and co-worker, Lisa Page. Strzok didn’t act on the information the ICIG provided to him, according to Gohmert.

Gohmert mentioned in the Judiciary Committee hearing that ICIG officials told Strzok and three other top FBI officials that they found an “anomaly” on Clinton’s server.

The former intelligence officer who spoke with TheDCNF said the ICIG “discovered the anomaly pretty early in 2015″.

“When [the ICIG] did a very deep dive, they found in the actual metadata—the data which is at the header and footer of all the emails—that a copy, a ‘courtesy copy,’ was being sent to a third party and that third party was a known Chinese public company that was involved in collecting intelligence for China,” the former intelligence officer told TheDCNF. …

What of the State Department? Did no one there know what was happening?

Department of State Inspector General Steven A. Linick and then-ICIG I. Charles McCullough III scrutinized Clinton’s server in 2015.

McCullough told Congress in July 2015 that her emails contained classified material. … The two IGs asked the Department of Justice to investigate whether the classified information was compromised …

So the State Department IGs asked the DOJ to investigate.

So did the FBI, it transpires:

The FBI issued a referral to the Justice Department in July 2015. The bureau warned that classified information may have been disclosed to a foreign power or to one of its agents.

“FBIHQ, Counterespionage Section, is opening a full investigation based on specific articulated facts provided by an 811 referral from the Inspector General of the Intelligence Community, dated July 6, 2015 regarding the potential compromise of classified information,” a July 10, 2015, FBI memo stated.

An 811 referral informs the FBI of classified information that was potentially released to a foreign power or agent of a foreign power. 

“This investigation is also designated a Sensitive Investigative Matter (SIM) due to a connection to a current public official, political appointee or candidate,” the memo stated. 

And what did the DOJ do about it?

Then-FBI Deputy Director Mark F. Giuliano sent a follow-up memo on July 21, 2015, to President Barack Obama’s deputy attorney general, Sally Yates, about two conversations he had with her about the criminal referral. 

“On 13 July 2015 and 20 July 2015, I verbally advised you of a Section 811(c) referral from the Inspector General of the Intelligence Community received by the FBI on 06 July 2015. The referral addressed the mishandling of classified information on the personal e-mail account and electronic media of a former high-level us Government official,” according to the FBI memo, which was hand delivered to Yates.

And, the implication is, Sally Yates decided to do nothing about it. 

Nothing has been done about it. Nothing.

(Hat-tip for the report to our reader and commenter Jeanne)

The House Permanent Select Committee on Intelligence today made public a committee memo with information on abuses of the Foreign Intelligence Surveillance Act. Chairman Nunes issued the following statement:

The Committee has discovered serious violations of the public trust, and the American people have a right to know when officials in crucial institutions are abusing their authority for political purposes. Our intelligence and law enforcement agencies exist to defend the American people, not to be exploited to target one group on behalf of another. It is my hope that the Committee’s actions will shine a light on this alarming series of events so we can make reforms that allow the American people to have full faith and confidence in their governing institutions.

 

January 18, 2018

To: HPSCI Majority Members

From: HPSCI Majority Staff

Subject: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation

Purpose

This memorandum provides Members an update on significant facts relating to the Committee’s ongoing investigation into the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) and their use of the Foreign Intelligence Surveillance Act (FISA) during the 2016 presidential election cycle. Our findings, which are detailed below, 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillance Court (FISC), and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.

Investigation Update

On October 21, 2016, DOJ and FBI sought and received a FISA probable cause order (not under Title VII) authorizing electronic surveillance on Carter Page from the FISC. Page is a U.S. citizen who served as a volunteer advisor to the Trump presidential campaign. Consistent with requirements under FISA, the application had to be first certified by the Director or Deputy Director of the FBI. It then required the approval of the Attorney General, Deputy Attorney General (DAG), or the Senate-confirmed Assistant Attorney General for the National Security Division.

The FBI and DOJ obtained one initial FISA warrant targeting Carter Page and three FISA renewals from the FISC. As required by statute (50 U.S.C. §,1805(d)(l)), a FISA order on an American citizen must be renewed by the FISC every 90 days and each renewal requires a separate finding of probable cause. Then-Director James Comey signed three FISA applications in question on behalf of the FBI, and Deputy Director Andrew McCabe signed one. Then-DAG Sally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more FISA applications on behalf of DOJ.

Due to the sensitive nature of foreign intelligence activity, FISA submissions (including renewals) before the FISC are classified. As such, the public’s confidence in the integrity of the FISA process depends on the court’s ability to hold the government to the highest standard—particularly as it relates to surveillance of American citizens. However, the FISC’s rigor in protecting the rights of Americans, which is reinforced by 90-day renewals of surveillance orders, is necessarily dependent on the government’s production to the court of all material and relevant facts. This should include information potentially favorable to the target of the FISA application that is known by the government. In the case of Carter Page, the government had at least four independent opportunities before the FISC to accurately provide an accounting of the relevant facts. However, our findings indicate that, as described below, material and relevant information was omitted.

1) The “dossier” compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application. Steele was a longtime FBI source who was paid over $160,000 by the DNC and Clinton campaign, via the law firm Perkins Coie and research firm Fusion GPS, to obtain derogatory information on Donald Trump’s ties to Russia.

1. a) Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele’s efforts, even though the political origins of the Steele dossier were then known to senior DOJ and FBI officials.
2. b) The initial FISA application notes Steele was working for a named U.S. person, but does not name Fusion GPS and principal Glenn Simpson, who was paid by a U.S. law firm (Perkins Coie) representing the DNC (even though it was known by DOJ at the time that political actors were involved with the Steele dossier). The application does not mention Steele was ultimately working on behalf of—and paid by—the DNC and Clinton campaign, or that the FBI had separately authorized payment to Steele for the same information.

2) The Carter Page FISA application also cited extensively a September 23, 2016, Yahoo News article by Michael Isikoff, which focuses on Page’s July 2016 trip to Moscow. This article does not corroborate the Steele dossier because it is derived from information leaked by Steele himself to Yahoo News. The Page FISA application incorrectly assesses that Steele did not directly provide information to Yahoo News. Steele has admitted in British court filings that he met with Yahoo News—and several other outlets—in September 2016 at the direction of Fusion GPS. Perkins Coie was aware of Steele’s initial media contacts because they hosted at least one meeting in Washington D.C. in 2016 with Steele and Fusion GPS where this matter was discussed.

1. a) Steele was suspended and then terminated as an FBI source for what the FBI defines as the most serious of violations—an unauthorized disclosure to the media of his relationship with the FBI in an October 30, 2016, Mother Jones article by David Corn. Steele should have been terminated for his previous undisclosed contacts with Yahoo and other outlets in September—before the Page application was submitted to the FISC in October—but Steele improperly concealed from and lied to the FBI about those contacts.
2. b) Steele’s numerous encounters with the media violated the cardinal rule of source handling—maintaining confidentiality—and demonstrated that Steele had become a less than reliable source for the FBI.

3) Before and after Steele was terminated as a source, he maintained contact with DOJ via then-Associate Deputy Attorney General Bruce Ohr, a senior DOJ official who worked closely with Deputy Attorneys General Yates and later Rosenstein. Shortly after the election, the FBI began interviewing Ohr, documenting his communications with Steele. For example, in September 2016, Steele admitted to Ohr his feelings against then-candidate Trump when Steele said he “was desperate that Donald Trump not get elected and was passionate about him not being president.” This clear evidence of Steele’s bias was recorded by Ohr at the time and subsequently in official FBI files—but not reflected in any of the Page FISA applications.

1. a) During this same time period, Ohr’s wife was employed by Fusion GPS to assist in the cultivation of opposition research on Trump. Ohr later provided the FBI with all of his wife’s opposition research, paid for by the DNC and Clinton campaign via Fusion GPS. The Ohrs’ relationship with Steele and Fusion GPS was inexplicably concealed from the FISC.

4) According to the head of the FBI’s counterintelligence division, Assistant Director Bill Priestap, corroboration of the Steele dossier was in its “infancy” at the time of the initial Page FISA application. After Steele was terminated, a source validation report conducted by an independent unit within FBI assessed Steele’s reporting as only minimally corroborated. Yet, in early January 2017, Director Comey briefed President-elect Trump on a summary of the Steele dossier, even though it was—according to his June 2017 testimony—“salacious and unverified.” While the FISA application relied on Steele’s past record of credible reporting on other unrelated matters, it ignored or concealed his anti-Trump financial and ideological motivations. Furthermore, Deputy Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.

5) The Page FISA application also mentions information regarding fellow Trump campaign advisor George Papadopoulos, but there is no evidence of any cooperation or conspiracy between Page and Papadopoulos. The Papadopoulos information triggered the opening of an FBI counterintelligence investigation in late July 2016 by FBI agent Pete Strzok. Strzok was reassigned by the Special Counsel’s Office to FBI Human Resources for improper text messages with his mistress, FBI Attorney Lisa Page (no known relation to Carter Page), where they both demonstrated a clear bias against Trump and in favor of Clinton, whom Strzok had also investigated. The Strzok/Lisa Page texts also reflect extensive discussions about the investigation, orchestrating leaks to the media, and include a meeting with Deputy Director McCabe to discuss an “insurance” policy against President Trump’s election.

The investigation into the alleged ties to Russia of presidential candidate Donald Trump by Special Counsel Robert Mueller, is itself the poisoned fruit of the poisoned tree, and anything it finds is also poisoned. So will it be called off?

Are the FISA court judges to be held to account for accepting a fraudulent case for the surveillance of a US citizen?

Is there a constitutional crisis as a result of this dirty conspiracy entered into by top law-enforcement agents?