“Amid a series of documents released by the Senate Judiciary Committee (See here) there is a rather alarming letter from the DOJ to the FISA Court in July 2018 that points toward an institutional cover-up. (Letter]
Before getting to the substance of the letter, it’s important to put the release in context. After the FISA Court reviewed the DOJ inspector general report, the FISC ordered the DOJ-NSD to declassify and release documents related to the Carter Page FISA application.
In the cover letter for this specific release to the Senate Judiciary and Senate Intelligence committees, the DOJ cites the January 7, 2020, FISA court order:
Keep in mind that prior to this release only the FISA court had seen this letter from the DOJ-National Security Division (DOJ-NSD). As we walk through the alarming content of this letter I think you’ll identify the motive behind the FISC order to release it.
First, the letter in question was sent by the DOJ-NSD to the FISA Court on July 12, 2018. It is critical to keep the date of the letter in mind as we review the content.
Aside from the date the important part of the first page is the motive for sending it. The DOJ is telling the court in July 2018: based on what they know the FISA application still contains “sufficient predication for the Court to have found probable cause” to approve the application. The DOJ is defending the Carter Page FISA application as still valid.
However, it is within the justification of the application that alarm bells are found. On page six the letter identifies the primary participants behind the FISA redactions:
As you can see: Christopher Steele is noted as “Source #1”. Glenn Simpson of Fusion-GPS is noted as “identified U.S. person” or “business associate”; and Perkins Coie is the “U.S-based law firm.”
Now things get very interesting.
On page #8 when discussing Christopher Steele’s sub-source, the DOJ notes the FBI found him to be truthful and cooperative.
This is an incredibly misleading statement to the FISA court because what the letter doesn’t say is that 18-months earlier the sub-source, also known in the IG report as the “primary sub-source”, informed the FBI that the material attributed to him in the dossier was essentially junk.
Let’s look at how the IG report frames the primary sub-source, and specifically notice the FBI contact and questioning took place in January 2017 (we now know that date to be January 12, 2017):
Those interviews with Steele’s primary sub-source took place in January, March and May of 2017; and clearly the sub-source debunked the content of the dossier itself.
Those interviews were 18-months, 16-months and 14-months ahead of the July 2018 DOJ letter to the FISC. The DOJ-NSD says the sub-source was “truthful and cooperative” but the DOJ doesn’t tell the court the content of the truthfulness and cooperation. Why?
Keep in mind this letter to the court was written by AAG John Demers in July 2018. Jeff Sessions was Attorney General, Rod Rosenstein was Deputy AG; Christopher Wray was FBI Director, David Bowditch is Deputy, and Dana Boente is FBI chief-legal-counsel.
Why would the DOJ-NSD not be forthcoming with the FISA court about the primary sub-source? This level of disingenuous withholding of information speaks to an institutional motive.
By July 2018 the DOJ clearly knew the dossier was full of fabrications, yet they withheld that information from the court and said the predicate was still valid. Why?
It doesn’t take a deep-weeds-walker to identify the DOJ motive.
In July 2018 Robert Mueller’s investigation was at its apex.
This letter justifying the application and claiming the current information would still be a valid predicate therein, speaks to the 2018 DOJ needing to retain the validity of the FISA warrant…. My research suspicion is that the DOJ needed to protect evidence Mueller had already extracted from the fraudulent FISA authority. That’s the motive.” (Read more: Conservative Treehouse, 4/17/2020) (Archive)