criminal referral

August 28, 2019 – The DOJ OIG report on Comey’s memos is released; the substance within the report shows a two-tiered Justice system

“Having just completed a first review of the IG Report on James Comey, with numerous highlights for further overlay and research, here are my thoughts upon initial review.

First, there is absolutely no doubt James Comey used his memos akin to FD-302 investigative reports from an FBI agent. Meaning, from beginning-to-end he considered himself an investigative agent against the President-elect and then President Trump.

Note: The recording of his encounter with the target, President-elect Trump should be “treated like FISA derived information in a counterintelligence investigation.”  During this January 6th operation, Comey was the active FBI agent gathering evidence for later use.  The collected intelligence would be shared with the team via memo #1.

Remember the Lisa Page Texts from the same date?

The FBI redacted almost all of that text because it outlines the distribution of the evidence Comey was collecting.   Comey’s memos were essentially FD-302 reports, and the officials within the DOJ and FBI didn’t want that exposed.  Lisa Page text was heavily redacted because it would have shown the January 6th encounter was an operation against Trump.

Every encounter and every aspect of every action within that encounter was conducted in what Comey perceived as an official investigative capacity.

President Trump was the target of Comey’s operations and he wrote his memos as investigative notes therein. Example: Comey ran the, operation:

So the “small group”: Comey, McCabe, Strzok, Page, Baker, Priestap, Rybicki, et al, were running a counterintelligence operation against the incoming administration.

There are parts of the IG report highlighting a stunning amount of self-interest.

Example:  Who made the decision(s) about what “was” or what “was not” classified?  Or, put another way: who was making the internal decisions about Comey’s exposure to legal risk for sharing his investigative notes (memos) outside the department?

The answer is the same “small group” who were carrying out the operation:

James Baker, Peter Strzok, Andrew McCabe, James Rybicki and Lisa Page were determining what parts of James Comey’s investigative notes needed to be classified.

The corrupt FBI was in position to police itself.   This is not a conflict of interest, it is better described as a profound conflict of self-interest.

The information the ‘small group‘ wanted to use to frame the target would be visible, not classified; however, any material that would outline the construct of their corruption in targeting the target would be hidden, classified.  You can’t make this stuff up folks.

The “small group” WAS the sources and methods they were protecting.

Everything needed to understand that level of corruption is outlined in the way the IG report discusses the handling of James Comey’s investigative notes (ie. memos).  AND the fact that James Comey kept them hidden, yes hidden.  Read this stuff!

First, “no hard copies of any of the memos were found in Comey’s FBI office.”:

So, if the memos were not held in Director James Comey’s official FBI office, the next logical question is where were they?

Well, when Special Agents went to James Comey’s house, he still kept them hidden and never informed the agents:

If Mr. Altruism, James Comey, was simply fulfilling the duty of a concerned and dedicated FBI Director, why not tell the FBI agents -picking up FBI records- that he had copies of FBI investigative notes in his “personal safe” while they were there?

What honorable justification exists for keeping them hidden from valid investigators?

Obviously me, you and God are not the only ones able to see the sketchy nature of this construct.  In fact, an internal FBI whistleblower came forward soon after that search of Comey’s home to request official “whistleblower status protection” from the IG.

Think logically…. What would prompt someone inside the FBI; who at some point gained access to the Comey memos; to request ‘whistleblower protected status’?

Doesn’t the “whistleblower request” indicate the requesting FBI official saw something nefarious in the way this was all going down?

Who was that ‘whistleblower’?

Well, first, Captain Obvious would tell you it has to be someone who actually gained possession of those memos right?…. this is not a big group.  Second, you only need to read a few more pages of the IG report to see who it was:

The “whistleblower” was the Supervisory Special Agent described in page 38 as above.

The memos were “stored” in a “reception area“, and in locked drawers in James Rybicki’s office.  [“Drawer safes” are silly FBI legal terms for fancy locked drawers]  Also note…

Reception area“?  “May 15th“?

Well, (#1) apparently no-one wanted to be the one holding the hot potato of investigative evidence (Comey memos); that ownership would outline them as participatory members in carrying out the targeting of then President Trump.  Oh, yeah, those investigative notes were not in “the office of the FBI Director” on May 10th, when you were here searching the last time,… for some mysterious reason.. they, uh,… well, they were discovered…  in the “reception area“… yeah, yeah, that’s the ticket!   Right under the four month old copy of People Magazine, n’ stuff.

….ARE YOU FRIGGIN’ KIDDING ME WITH THIS?

…AND (#2) the very next morning, GUESS what happened?…

Now we see why the FBI Supervisory Special Agent in charge of inventorying Comey records asked the IG for official “whistleblower status.”

Sketchy warning flares surrounded the SSA agent right there in the FBI executive suites.

Of course the SSA gave the Inspector General the seven memos, asked for whistleblower protection, and likely told the IG the way they were produced stinks to high heaven.   Good grief. (Read more: Conservative Treehouse, 8/29/2019)

August 6, 2019 – Judicial Watch obtains records of 14 referrals of FBI employees for leaking sensitive or classified information

Text messages between FBI agents Peter Strzok and Lisa Page reveal several leaks of confidential information to former Wall St. Journal reporter, Devlin Barrett. (Credit: Conservative Treehouse)

“Judicial Watch announced today it received records of 14 referrals of Federal Bureau of Investigation (FBI) employees to the organization’s Office of Professional Responsibility (OPR) for the unauthorized disclosure of sensitive or classified information. The disclosure comes off the heels of Judicial Watch’s uncovering a FBI report detailing fired FBI Director James Comey kept FBI documents on President Trump at his house. Comey also admitted to leaking these documents.

Although the FBI’s OPR does not have its own website, according to the DOJ’s OPR, leak allegations may come, “from a variety of sources, including U.S. Attorney’s offices and other Department components, courts, Congress, media reports, other federal agencies, state and local government agencies, private citizens, private attorneys, criminal defendants, civil litigants, and self-referrals. OPR also regularly conducts its own searches to identify judicial findings of misconduct against Department attorneys.”

One referral obtained by Judicial Watch that appears to refer to former Deputy Director of the FBI Andrew McCabe was closed on March 20, 2018 and states as a mitigating factor that the “Employee was facing unprecedented challengers and pressures.”

(Name redacted) (DOJ/O&R)  Closed: 3/20/2018  References: 2.5, 2.6, 4.10

SES [Senior Executive Service] employee released the FBI Sensitive information to a reporter and lacked candor not under oath and under oath when questioned about it, in violation of Offense Codes 4.10 (Unauthorized Disclosure – Sensitive Information); 2.5 (Lack of Candor- No Oath); and 2.6 (Lack of Candor – Under Oath).

The proposed decision in this matter was made by the AD, OPR.  The final decision was made by Attorney General Jeff Sessions. DOK retains final decision-making authority for certain high-ranking FBI officials.

MITIGATION: Employee as (redacted) years of FBI service and a remarkable performance record. Employee was facing unprecedented challengers and pressures.

AGGRAVATION: Employee held an extremely high position and was expected to comport himself with the utmost integrity. Lack of candor is incompatible with the FBI’s Core Values.

FINAL ACTION(S): OPR PROPOSED DECISION Proposed DISMISSAL

                              OPR FINAL DECISION:  DISMISSAL

McCabe was fired from the FBI on March 16, 2018, for leaking to the media and lacking “candor.”

The records show that penalties for unauthorized disclosure of sensitive and/or classified information ranged from no action (due to administrative closure) to, as in the case of McCabe, dismissal. Other FBI employees’ offenses reported in the documents list several cases in which the final action was less severe than OPR’s proposal:

  1. An unidentified employee was fired. The case was closed in July 2016.
  2. An unidentified employee was given a one-day suspension without pay. The case was closed in April 2016.
  3. The following year, an unidentified employee received a five-day suspension without pay, and the case was closed administratively in April 2017.
  4. An SES agent who “misused an FBI database, and provided sensitive information to a former FBI employee” was reported to have had as mitigation that he felt he “had the support of his Division to use his discretion.” OPR proposed a 15-day suspension, but the final decision was to give a letter of censure. This case was closed in June 2017.
  5. An unidentified employee was fired. The case was closed in May 2018.
  6. An unidentified employee was recommended for dismissal but received a 45-day suspension. The case was closed in October 2017.
  7. An unidentified employee was given a 14-day suspension. The case was closed in March 2016.
  8. An unidentified employee, who was cited for misuse of an FBI database and unauthorized disclosure of classified/law-enforcement sensitive/grand jury information, was given a 12-day suspension. The case was closed in January 2016.
  9. An unidentified employee received a letter of censure. The case was closed in August 2016.
  10. An unidentified employee was given a letter of censure. The case was closed in October 2016.
  11. An unidentified employee was accused of “Investigative deficiency – improper handling of documents or property in the care, custody or control of the government; unauthorized disclosure – classified/law enforcement sensitive/grand jury information” and “failure to report – administrative.” It was proposed that they be given a 30-calendar day suspension without pay; the final decision from OPR was that they were given a 10-calendar day suspension without pay. This case was closed in February 2018.
  12. An unidentified employee was fired. This case was closed in October 2017.
  13. An unidentified employee was given a letter of censure. It was proposed that they be fired, but the final decision was a 60-day suspension without pay. The case was closed in January 2019.

“No wonder the FBI was leaking so profusely. Collectively, these documents show lenient treatment for evident criminal activity. Only four of the 14 employees found to have made an unauthorized disclosure were dismissed from the FBI,” said Judicial Watch President Tom Fitton. “And even though Andrew McCabe was fired and referred for a criminal investigation for his leak, no prosecution has taken place.” (Read more: Judicial Watch, 8/06/2019)

June 23, 2019 – Nunes threatens ninth criminal referral, says Trump-Russia conspiracy peddlers are ‘possessed’

“Rep. Devin Nunes threatened to send a ninth criminal referral regarding the Trump-Russia investigation to the Justice Department if he does not receive information he requested about British ex-spy Christopher Steele, and accused those who still push the Russian collusion conspiracy of being “possessed.”

The California Republican sent letters Friday to FBI Director Christopher Wray and U.S. Attorney John Durham, who is conducting a review of the origins of the Russia inquiry. He asked about records the Bureau received in October 2016 that show a top official at the State Department undermining Steele’s credibility. Steele authored a dossier, filled with salacious and unverified claims about President Trump’s ties to Russia, that was used by the FBI to obtain Foreign Intelligence Surveillance Act or FISA warrants to wiretap onetime Trump campaign adviser Carter Page.

In a Fox News interview on Sunday, Nunes said someone at the FBI appears to have been “determined to hide” then-Deputy Assistant Secretary of State Kathleen Kavalec’s notes from both the FISA court and Congress. In the last session, when Nunes was chairman, the House Intelligence Committee conducted its own investigation into Russian interference in the 2016 election.

“So they have until Friday to get it to us, and if they don’t, we will make our ninth criminal referral,” Nunes told host Maria Bartiromo. “Basically, we won’t know exactly who at the FBI obstructed justice, but — Durham or the Department of Justice should be able to figure it out because there’s e-mails that went around, and somebody decided not to give it to the Congress.” (Read more: Washington Examiner, 6/23/2019)

May 1, 2019 – Rep. Mark Meadows files a criminal referral on Nellie Ohr for possible false testimony

Nellie Ohr (Credit: public domain)

On October 19, 2018, Nellie Ohr appeared before the House Committee on the Judiciary and the House Committee on Oversight and Government Reform as part of our joint investigation into decisions made and not made by the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) surrounding the 2016 presidential election. Documents and information reviewed by our committees raise concerns Ms. Ohr knowingly provided false testimony in violation of 18 U.S.C.§1001.

During her transcribed interview, Ms. Ohr testified she “would not have any knowledge of what [was] going on in an ongoing investigation” at DOJ and would not “have any knowledge of the Department of Justice’s investigations on Russia.”

Ms. Ohr also denied she shared her research on Russian organized crime and Donald Trump with individuals outside of Fusion GPS (her employer); her husband, DOJ attorney Bruce Ohr, and Christopher Steele.

However, documents reviewed by our committees raise concerns Ms. Ohr not only had knowledge of an ongoing DOJ investigation, but that she shared information and research on Russian organized crime to assist DOJ, in direct contradiction with her testimony. For example, in March 2016, DOJ official Lisa Holtyn sent Bruce Ohr an email asking if Nellie would be able to speak with Ivana Nizich and Joe Wheatley to discuss her research as part of an ongoing investigation as she was told “Nellie might be a great resource.”

When Mr. Ohr checked if Nellie would feel comfortable speaking with DOJ, Nellie emailed “Sure!”

A separate email chain indicates Ms. Ohr shared her research on Russian organized crime in contradiction to her testimony. Specifically, on a separate email chain between Nellie Ohr, Mr. Ohr, Ms. Holtyn, and DOJ officials Joe Wheatley and Ivana Nizich, Ms. Ohr provides the Department of Justice with analysis of Shakro, a Russian mafia boss, and the separatists in the Donbass war.

Taking these communications into account, in addition to other information we have reviewed, Ms. Ohr misled the committees when she testified she would not have any knowledge of what was going on in an ongoing DOJ investigation, and that she had not shared her research outside of Fusion GPS, her husband, and Christopher Steele.Truthful witness testimony is crucial to the integrity of investigations conducted by the House of Representatives. Ms. Ohr violated her oath to tell the truth by making demonstrably false statements during her testimony before the Committee. Accordingly, I am referring Nellie Ohr to the Department of Justice for investigation of potential violation(s) of 18 U.S.C.§1001 et seq. (John Solomon/Scribd, 5/1/2019)

March 28, 2019 – The Corruption and Influence of Jessie K Liu

“What do the following four points have in common?

  • The manipulated DC legal case surrounding the Awan brothers; and how they escaped full accountability, likely due to need to protect politicians. (House of Representatives)  The sweetheart plea deal.
  • The manipulated DC legal case surrounding SSCI Security Director James Wolfe; and how he was allowed to plea only to lying to investigators when the evidence was clear from the outset how he leaked classified information to his journalist concubine. Again, likely due to the need to protect politicians. (SSCI, Senate) The sweetheart plea deal.
  • The manipulated DC legal case surrounding Obama lawyer Greg Craig; and how he escaped accountability for FARA violations by running out the statute of limitations and burying Mueller’s evidence for 18 months.  Again, likely due to the need to protect politicians (Obama White House).  Sweetheart double standards.
  • The manipulated DC legal case, a non-filing, surrounding former FBI Deputy Director Andrew McCabe for lying to INSD investigators about his media leaks.  Again, likely due to the need to protect the administrative state.  Criminal referral (April 19, 2018); grand jury (Approx. July 2018); Status?… Oh, wait for it….

Jessie Liu (Credit: Jabin Bosford/WaPo)

If you note the common thread is: U.S. Attorney for DC, Jessie K Liu, well, you would be entirely accurate.  Oh, but wait, we’ve only just begun.

Pay attention to the timelines.

While newly confirmed Attorney General William Barr was/is “getting his arms” around ongoing corruption within the organization he is now attempting to lead, there was an announcement on March 5th, about U.S. Attorney Jessie Liu becoming the #3 official at the DOJ.

Three weeks later, on March 28th, there was an announcement about a change of plans, and U.S. Attorney Jessie Liu’s name was withdrawn from consideration.

In addition to AG Bill Barr “getting his arms around” issues within the department, what else happened between March 5th and March 28th that would so drastically change plans for Ms. Liu?:

On March 21st Representatives Jim Jordan and Mark Meadows send a letter (full pdf available here) to Attorney General William Barr wanting to know what is the status of the year-old (April 19th, 2018) criminal referral for fired FBI Deputy Director Andrew McCabe. (link)

(Read more: Conservative Treehouse, 4/14/2019)

December 2, 2018 – Senator Mark Warner says the Senate Intel Committee is ‘working closely’ with Robert Mueller

“Today on Face The Nation Senate Select Committee on Intelligence (SSCI) Vice-Chairman Mark Warner describes how his committee is working with Robert Mueller; including: (a) several criminal referrals (Cohen was one); and (b) the sharing of congressional transcripts so Mueller (the team, not the person) can cross reference statements given to him with testimony given to the SSCI.

Tell me again how letting SSCI Security Director, James Wolfe, off the hook for leaking classified intelligence to the media, including the Carter Page FISA application, was not to cover for SSCI members instructing Mr. Wolfe to carry out those leaks.

For several years, and with increased urgency at each discovery/admission, CTH has been highlighting how the SSCI was part of the 2015, 2016, 2017 plan to eliminate Donald Trump (Spygate), and later remove President Trump (insurance policy).

The most recent series of events by Robert Mueller is a quid-pro-quo to cover for the SSCI involvement. This is not confirmational bias against the SSCI; this is factual evidence of the SSCI’s corruption. Please understand the basic issue here. The SSCI is complicit with the overall scheme – and Robert Mueller, via a plan of mutual benefit and coordination, is trying to protect that from surfacing.

(…) “Remember, those SSCI Senators (Vice-Chair Mark Warner, Dianne Feinstein and senior staffer Dan Jones etc.) were coordinating with Fusion GPS and the Clinton campaign allies; and were direct participants in “Spygate” and the insurance policy known as the special counsel.

This is one of the reasons why it is likely, damned near certain, that senior SSCI senators instructed James Wolfe to leak information, including the March 17th copy of the Carter Page FISA application, and that is why Rosenstein and Mueller let James Wolfe plea to a much lesser one-count crime of lying.

Remember when SSCI senator Dianne Feinstein released the transcript of Fusion GPS founder Glenn Simpson’s testimony so that all of downstream participants could coordinate their stories? Oh, how quickly we forget.

It is near certain that Feinstein gave up her Senate Intelligence Vice-Chair position following the 2016 presidential election because there was an inherent political risk for any intelligence-oversight Democrat in relation to the FBI’s Trump operation, “spygate”. Feinstein’s staffer, Dan Jones, then paid Fusion-GPS $50 million to continue the efforts.

Remember Oleg Deripaska’s lawyer/lobbyist Adam Waldman having secret text messages with new SSCI Vice-Chairman Mark Warner relaying communication from Christopher Steele that Senator Warner wanted to keep quiet?

Adam Waldman texting Senator Warner about Chris Steele and outlining how Feinstein’s former senior staffer Dan Jones was coming to see him.

(link)

The Senate Select Committee on Intelligence is as corrupt and complicit within the entire Spygate fiasco as the DOJ and FBI. That’s why Mueller and Rosenstein (small group) are working to protect the Senators and staff just like they protect the corrupt officials in the DOJ and FBI. Mueller’s entire operation is structured around this type of scheming cover-up.

This is Deep State (via Mueller/Rosenstein) fighting President Trump; and trying to blunt the declassification weapon he holds. Nothing more.

(Read more: Conservative Treehouse, 12/03/2018)

April 19, 2018 – Criminal referral for Loretta Lynch is related to DOJ threat to FBI Uranium One informant

Loretta Lynch, speaks at a press conference on April 28, 2014. (Credit: Andrew Burton/Getty)

“Congressional lawmakers made a criminal referral Wednesday to the Department of Justice Attorney General Jeff Sessions against former senior-level Obama administration officials, including employees of the FBI connected with the unverified dossier alleging collusion between the Trump campaign and Russia, as well as those involved in the warrants used to spy on a former Trump campaign volunteer, this reporter has learned. The lawmakers also made a criminal referral on former Attorney General Loretta Lynch and threats made by her DOJ against the FBI informant, who provided the bureau with information on the Russian nuclear industry and the approval in 2010 to sell roughly 20 percent of American uranium mining assets to Russia.”

(…) “Lynch was referred after concerns were made regarding her decision to threaten with reprisal the former FBI informant, William Douglas Campbell, who first came forward in 2016 with insight into the sale of the Canadian firm Uranium One, which controlled nearly 20 percent of uranium mining interests in the United States, as previously reported.

Campbell had filed a lawsuit in Maryland federal court in 2016 against the Russian companies he was employed with and which he had kept tabs on for the FBI. He was asking for the return of the money he had to launder out of his own paychecks and had sent a Freedom of Information Act request to the DOJ for information on his case. After the DOJ received the FOIA request and the lawsuit was filed, his lawyers were advised by personnel from the Justice Department that prosecutors in the Fraud Section of the Justice Department under Lynch, demanded the withdrawal the lawsuit. According to a letter written by Campbell’s previous attorney, the DOJ threatened to destroy Campbell’s reputation and prosecute him for violating a non-disclosure agreement he had signed with the FBI.

The criminal referral on Lynch is regarding “potential violation(s) of 18 USC 1505 and 1515b,” according to the letter.”  (Read more: Sarah Carter, 04/19/2018)

April 19, 2018 – Criminal Referral Issued For Comey, Clinton, Lynch And McCabe; Rosenstein Recusal Demanded

(Source: Conservative Treehouse)

“Eleven GOP members of Congress led by Rep. Ron DeSantis (R-FL) have written a letter to Attorney General Jeff Sessions, Attorney John Huber, and FBI Director Christopher Wray – asking them to investigate former FBI Director James Comey, Hillary Clinton and others – including FBI lovebirds Peter Strzok and Lisa Page, for a laundry list of potential crimes surrounding the 2016 U.S. presidential election.

Recall that Sessions paired special prosecutor John Huber with DOJ Inspector General Michael Horowitz – falling short of a second Special Counsel, but empowering Horowitz to fully investigate allegations of FBI FISA abuse with subpoena power and other methods he was formerly unable to utilize.

The GOP letter’s primary focus appears to be James Comey, while the charges for all include obstruction, perjury, corruption, unauthorized removal of classified documents, contributions and donations by foreign nationals and other allegations.

The letter also demands that Deputy Attorney General Rod Rosenstein “be recused from any examination of FISA abuse,” and recommends that “neither U.S. Attorney John Huber nor a special counsel (if appointed) should report to Rosenstein.”  (Read more: Zero Hedge, 04/19/2015)

February 2, 2018 – Senator Grassley requests a Mandatory Declassification Review of the FISA application

“The Federal Bureau of Investigation signed off on an unclassified version of the criminal referral by Senate Judiciary Committee Chairman Chuck Grassley and Crime and Terrorism Subcommittee Chairman Lindsey Graham only after the White House declassified a House Intelligence Committee (HPSCI) Majority memo largely based on the same underlying documents.

(A snippet of Grassley’s letter)

Grassley is now calling on the FBI to update the classification of the referral to allow complete disclosure of important context from the documents on which it is based. “Seeking transparency and cooperation should not be this challenging. The government should not be blotting out information that it admits isn’t secret, and it should not take dramatic steps by Congress and the White House to get answers that the American people are demanding. There are still many questions that can only be answered by complete transparency. That means declassifying as much of the underlying documents as possible,” Grassley said. (Conservative Treehouse, 2/02/2018)