302 reports

August 8, 2019 – Bruce Ohr 302 reports released

“Bruce Ohr is a DOJ official who was interviewed by the FBI during the DOJ/FBI collaborative effort to target president-elect Donald Trump after the 2016 election.

Mr. Ohr was interviewed on 12 different occasions between November 22nd 2016 and May 15th 2017.  Judicial Watch has finally received the copies of the FBI investigative notes, aka “302 reports.”

The last interview of Bruce Ohr (May 15th, 2017) took place two days prior to the appointment of special counsel Robert Mueller.  Throughout the interviews (full pdf below) Bruce Ohr was acting as the go-between delivering information from his wife Nellie Ohr at Fusion GPS and one of Fusion’s contract investigators, Christopher Steele.

The 302 reports are heavily redacted (sources and methods); however, we already know the majority of names underneath the redactions.  Here are the *302 investigative notes:

(Conservative Treehouse, 8/08/2019)

June 24, 2019 – DOJ confirms Flynn defense team never received a transcript of Flynn/Kislyak phone call

“When General Michael Flynn entered into the seemingly coerced plea agreement with the special counsel team and prosecutor Brandon Van Grack (November 30, 2017), he gave up the right to defense discovery in his case.  In hindsight this will likely be viewed a mistake.

Lt. General Michael Flynn and his new attorney, Sidney Powell. (Credit: Megan Meneiro/Courthouse News)

(h/t Techno Fog) During a court appearance today by new attorney Ms. Sidney Powell, the topic of needing a classified security clearance -to review documents- was raised.  The DOJ responded to the assertion by saying no classified information was provided to the prior Flynn defense team, therefore Ms. Powell doesn’t need not carry that concern.

However, by admitting the DOJ provided no classified information to the defense, the prosecution is simultaneously admitting they never provided Flynn with a copy of the phone call transcript (December 29, 2016) between President-elect Trump’s incoming National Security Advisor and Russian Ambassador Sergey Kislyak.  The content of that phone call lies at the heart of the FBI interview that took place on January 24th, 2017.

Judge Emmet Sullivan originally asked for the Flynn/Kislyak transcript; however, the prosecution said it was irrelevant to their case.  The judge accepted the non-production.

It is suspected Flynn may have been under a FISA surveillance warrant which seems confirmed by the Weissmann/Mueller report. The FBI intercepted, recorded, and later transcribed the December 29, 2016, conversation.

This is why the issue of how the FBI agents write the 302 summary of the Flynn January 24, 2017, interview becomes such an important facet.

On June 6, 2019, the DOJ released the FBI agent report (FD-302) written after their interview of Michael Flynn on Jan 24th, 2017. (Full pdf below) From prior testimony we know that FBI Agent Peter Strzok did the questioning and FBI Agent Joe Pientka took notes.

Lt. General Michael Flynn (Credit: public domain)

For some reason, within the DOJ release of the report they are continuing to redact the name Joe Pientka. [Could be due to ongoing employment]

It’s worth noting according to Mark Meadows the Office of Inspector General Michael Horowitz has interviewed Joe Pientka extensively; prior attempts by congress to gain testimony from Pientka were blocked by the FBI and Rod Rosenstein.

FBI Agent Joseph Pientka was never interviewed by the joint House judiciary and oversight committees (Goodlatte and Gowdy). The reason, as explained by Meadows, was simple; Pientka was on Weissmann and Mueller’s special counsel team. Congress was not allowed to interfere in the Mueller probe. In hindsight this looks like Weissmann, Mueller & Rosenstein strategically using the investigation as a shield from sunlight.

The interview took place on January 24, 2017. The report was written Jan 24th, 2017. The wording was then deliberated by the small group, approved by FBI Deputy Director Andrew McCabe, and entered into the record on February 15th, 2017. (Read much more: Conservative Treehouse, 6/24/2019)

April 14, 2019 – Release this material and the entire corrupt construct is exposed

(Credit: Conservative Treehouse)

♦ Prove the July 31st, 2016, Crossfire Hurricane operation originated from fraud by exposing the CIA operation that created the originating “Electronic Communication” memo. Declassify that two-page “EC” document that Brennan gave to Comey.

♦ Release and declassify all of the Comey memos that document the investigative steps taken  by the FBI as an outcome of the operation coordinated by CIA Director John Brennan in early 2016.

♦ Reveal the November 2015 through April 2016 FISA-702 search query abuse by declassifying the April 2017 court opinion written by FISC Presiding Judge Rosemary Collyer. Show the FBI contractors behind the 85% fraudulent search queries. [Crowdstrike? Fusion-GPS? Nellie Ohr?]

♦ Subpoena former DOJ-NSD (National Security Division) head John Carlin, or haul him in front of a grand jury, and get his testimony about why he hid the abuse from the FISA court in October 2016; why the DOJ-NSD rushed the Carter Page application to beat NSA Director Admiral Mike Rogers to the FISA court; and why Carlin quit immediately thereafter. Squeeze this bastard’s nuts in the proverbial legal vice.

♦ Prove the Carter Page FISA application (October 2016) was fraudulent and based on deceptions to the FISA Court. Declassify the entire document, and release the transcripts of those who signed the application(s); and/or depose those who have not yet testified.

♦ Release all of the Lisa Page and Peter Strzok text messages without redactions. Let sunlight pour in on the actual conversation(s) that were taking place when Crossfire Hurricane (July ’16) and the FISA Application (Oct ’16) were taking place.

♦ Release all of Bruce Ohr 302’s, FBI notes from interviews and debriefing sessions, and other relevant documents associated with the interviews of Bruce Ohr and his internal communications. Including exculpatory evidence that Bruce Ohr may have shared with FBI Agent Joseph Pientka. [And get a deposition from this Pientka fella]

♦ Release the August 2nd, 2017, two-page scope memo provided by DAG Rod Rosenstein to special counsel Robert Mueller to advance the fraudulent Trump investigation, and initiate the more purposeful obstruction of justice investigation.

Yes, they were spying.

(Conservative Treehouse, 4/14/2019)

February 5 – 12, 2019 – The FBI met with ICIG re Clinton emails, notes of that meeting are reported missing and a CD of notes is found broken and inaccessible

“Judicial Watch announced today that the FBI released 277 pages of redacted records in response to a Freedom of Information Act (FOIA) lawsuit that show the FBI failed to produce information from an August 2015 meeting with Intelligence Community Inspector General about Hillary Clinton’s email server. The FBI claimed that notes are “missing” and the CD containing notes from meeting is likely “damaged” irreparably.

The electronic communication regarding the missing “Notes from Meeting” says:

On or about February 4, 2016, Special Agents (SAs) [redacted] attempted to locate [redacted] 1A4, described as “Notes from Meeting” acquired by [redacted] (see referenced serial). The SAs looked through all case materials in the CI-13 file and workbox area, however they were not able to located this item.

SA [redacted] inquired with Supervisory Intelligence Analyst (SIA) [redacted] regarding the item, as he was previously the IA assigned to the case. SIA [redacted] contacted [redacted] regarding the item, who indicated he remembered handing over his case notes to SA [redacted] (see attached email).

On February 6, 2019, SA [redacted] contacted SA [redacted] regarding the notes.  SA [redacted] explained he documented all relevant case materials before leaving the case and did not retain any notes or other case materials.

As such, WFO CI-13 considers the item missing and will enclose this document into 1A4 as a placeholder until the missing item is located.

The email referred to in the electronic communication on the missing “Notes from Meeting” reads as follows:

Republican Rep. Louie Gohmert (R-TX) said during a hearing with Strzok that in 2015 ICIG investigator Fred Rucker advised Strzok of an “anomaly” on Hillary Clinton’s emails going through the private server. The forensic analysis found that all of those emails except four – over 30,000 – “were going to an address that was not on the distribution list.” (Read more: Judicial Watch, 6/07/2019)

December 12, 2018 – FBI violated policy in Flynn’s Case, judge demands all exculpatory evidence

(Judge Rudolph Contreras suddenly recuses himself from the Flynn case on December 7, 2017. (Credit: public domain)

“A federal judge overseeing the case of Former National Security Advisor Lt. Gen. Michael Flynn is demanding to see the FBI’s first interviews with the retired three-star general after explosive information contained in a sentencing memo released Tuesday night revealed that senior FBI leadership suggested he not have a lawyer present, nor warn him that his interview was subject to penalties if he failed to provide all the answers, according to the 178 page Defendants memorandum submitted to the court.

U.S. District Judge Emmet G. Sullivan ordered Special Counsel Robert Mueller’s office Wednesday night to turn over all the government’s documents by mid-day Friday. The exculpatory documents requested by Sullivan include any memorandums regarding Flynn’s case because of the extraordinary circumstances of the information, according to Sullivan’s request. Further, Sullivan is also requesting any documentation regarding the first interviews conducted by former anti-Trump agent Peter Strzok and FBI Agent Joe Pientka -known by the FBI as 302s- which were found to be dated more than seven months after the interviews were conducted on Jan. 24, 2017, a violation of FBI policy, say current and former FBI officials familiar with the process. According to information contained in Flynn’s memorandum, the interviews were dated Aug. 22, 2017.

FBI Supervisory Agent Jeff Danik told SaraACarter.com Sullivan must also request all the communications between the two agents, as well as their supervisors around the August 2017 time-frame in order to get a complete and accurate picture of what transpired. Danik, who is an expert in FBI policy, says it is imperative that Sullivan also request “the workflow chart, which would show one-hundred percent, when the 302s were created when they were sent to a supervisor and who approved them.”

“The bureau policy – the absolute FBI policy – is that the notes must be placed in the system in a 1-A file within five days of the interview,” said Danik, who added that handwritten notes get placed into the FBI Sentinel System, which is the FBI’s main record keeping system. “Anything beyond five business days is a problem, eight months is a disaster.”

“In a case of this magnitude there is no question what is going on,” said Danik. “These agents went in the White House and had a case with a possible witness of his stature and didn’t write it up until almost eight months later? That is is unconscionable – it’s not fair to the defendant and absolutely goes against FBI policy.” (Read more: Sara Carter, 12/13 2018)

November 22, 2016 – Bruce Ohr tells the FBI, “reporting on Trump ties to Russia were going to the Clinton campaign”

Judicial Watch released 34 pages of “302” report material from FBI interviews with Bruce Ohr on August 8, 2019.

In a FBI 302 report dated November 22, 2016, Bruce Ohr states,  “reporting on Trump’s ties to Russia were going to the Clinton Campaign, Jon Winer at the U.S. State Department and the FBI.”

A former Justice Department official claims the FBI wasn’t serious about its Clinton email investigation.

A Wall Street Journal editorial entitled “The FBI’s Blind Clinton Trust” elicits a September 15, 2016 letter to the editor response from Richard W. Beckler, former Chief of the Criminal Fraud Section of the U.S. Department of Justice.

Richard Beckler (Credit: Bracewell Law)

Richard Beckler (Credit: Bracewell Law)

Beckler writes, “Decisions to prosecute are made by the Justice Department. It is absolutely not the job of the FBI to make prosecutorial decisions. FBI Director James Comey didn’t bother to attend Hillary Clinton’s interview, though he was acting as the ostensible decision maker in the case. One would think he would want to test the witness’s credibility in person. This was clearly no ordinary case and demanded his close attention.”

Furthermore, despite what Comey says, “the FBI doesn’t need to get a referral from Congress to investigate [Clinton’s] false statements to Congress.” He claims, “the FBI’s 302 reports (handwritten notes by FBI agents during investigations) recorded by the FBI should have been turned over to Congress immediately and in their entirety.”

Beckler continues, “Contrary to the [Justice Department]’s normal policy of announcing names of the prosecution team, Mr. Comey hasn’t told anyone who the ‘career’ [Justice Department] attorneys were who supervised the FBI investigation. They have never been named.”

He concludes, “After this long drawn-out FBI inquiry, why did Mr. Comey rush to make his determination and recommendation barely three days after the actual interview took place?” (Wall Street Journal, 09/15/16)

 

August 16-24, 2016 – New Strzok-Page emails reveal FBI gave special treatment to Clinton’s demands for email investigation information just before election

David Kendall, (r), sits behind Hillary Clinton during a House hearing of the Select Committee on Benghazi, on October 22, 2015. (Credit: Diego M. Radzinschi/The National Law Journal)

“Judicial Watch announced today it received 218 pages of disgraced former FBI officials Peter Strzok-Lisa Page emails which show then-FBI General Counsel James Baker instructing FBI officials to expedite the release of FBI investigative material to Hillary Clinton’s lawyer, David Kendall in August 2016. Kendall and the FBI’s top lawyer discussed specifically quickly obtaining the “302” report of the FBI/DOJ interview of Mrs. Clinton.

(…) On August 16, 2016, at 10:02 p.m. Baker emails then-Associate Deputy Director David Bowdich; Michael Steinbach, former executive assistant director for national security; former Acting Assistant Director Jason V. Herring; former FBI lawyer Lisa Page; former Principal Deputy General Counsel Trisha Anderson; Michael Kortan, FBI assistant director for public affairs, now retired; James Rybicki, former chief of staff to Comey; and others to inform them that he “just spoke” with Clinton’s lawyer Kendall, who requested documents from the FBI. Baker says he told Kendall he would “need to submit a request.” Baker tells them, “I said we would process it expeditiously.”

“I just spoke with David Kendall … I conveyed our view that in order to obtain the documents [FBI investigative material] they are seeking they need to submit a request pursuant to the Privacy Act and FOIA. I said they could submit a letter to me covering both statutes. They will send it in the morning. I said that we would process it expeditiously. David asked us to focus first on the Secretary’s 302 [FBI interview report]. I said OK. [Redacted] We will have to focus on this issue tomorrow and get the 302 out the door as soon as possible and then focus on the rest of the stuff.”

The following day, August 17, 2016, Kendall sent a FOIA/Privacy Act request on “behalf of former Secretary of State Hillary Rodham Clinton” to the FBI’s top lawyer with a request for “expeditious processing.” Baker passes this request to Bowdich, Steinbach, Herring, Page, Anderson:

In my view, we need to move as quickly as possible on this, but pursuant to David’s oral request last night, we should focus first on Secretary Clinton’s 302…. Is the end of this week out of the question for her 302?

In a follow-up email exchange, the same day, Anderson arranged for Herring, Page, former FBI Assistant Director and head of the Office of Congressional Affairs Gregory Brower, Strzok and others to “coordinate a plan for processing and releasing” Clinton’s 302, though one official reminds others that they should process the request “consistent” with other requests.

Then, in an August 21, 2016email exchange Baker tells his people that he would “alert” Kendall shortly before Clinton’s 302 was to be posted on the FBI’s FOIA Vault webpage. On September 2, 2016, the FBI announced the release of Clinton’s interview documents.

Finally, on August 24, 2016, the acting FBI FOIA unit chief said he sees “no problem” with giving Hillary’s attorney a heads up before her records were posted to the Vault.” (Read more: Judicial Watch, 6/03/2019)