James Baker

June 10, 2019 – DOJ outlines to Congress its investigation of the investigators

Assistant Attorney General Stephen Boyd (Credit: Wikipedia)

“The Justice Department’s investigation of the investigators involved in the Trump-Russia probe will look at actions both by the U.S. government and by foreigners.

That’s what the agency said Monday, telling Congress its review is “broad in scope and multifaceted” in a letter from Assistant Attorney General Stephen Boyd to House Judiciary Committee Chairman Jerry Nadler, D-N.Y.

The DOJ said the wide-ranging inquiry led by Attorney General William Barr, along with his right-hand man U.S. Attorney John Durham, would seek to “illuminate open questions regarding the activities of U.S. and foreign intelligence services as well as non-governmental organizations and individuals.”

The letter made it clear that DOJ’s review is not limited just to their specific agency, but would also scrutinize the intelligence community as a whole. The letter stated that the DOJ review team had already asked certain intelligence community agencies to preserve records, make witnesses available, and start putting together documents that the DOJ would need to carry out its inquiry.

And the DOJ made it clear that they weren’t just looking to see if policies were violated — they’ll be looking at whether any laws were broken, too.” (Read more: Washington Examiner, 6/10/2019)

(…) “Following the planned release of a classified memo by Republican staffers regarding FISA warrants during the 2016 election, also dubbed the Nunes memo, Boyd wrote a letter writing that it would be “extraordinarily reckless” to release the memo. In his letter, Boyd also asked “why the Committee would possibly seek to disclose classified and law enforcement sensitive information without first consulting with the relevant members of the intelligence community” and went on to mention that the Justice Department was “currently unaware of any wrongdoing relating to the FISA process,” but that such allegations would be taken seriously, writing “we agree that any abuse of that system cannot be tolerated.”  President Donald Trump was reportedly furious following Boyd’s letter.  According to Bloomberg, President Donald Trump viewed Boyd’s letter as “another example of the department undermining him and blocking GOP efforts to expose the political motives behind special counsel Robert Mueller’s probe” and “intensified Trump’s concern that his own department is undercutting him”  (Wikipedia)

May 31, 2019 – Sidney Powell discusses DOJ in the Lawfare era: “guilty until proven innocent”

Not enough people understand the role of the Lawfare group in the corruption and political weaponization of the DOJ, FBI and larger intelligence community.

Benjamin Wittes (Credit: Conservative Treehouse)

What Media Matters is to corrupt left-wing media, the Lawfare group is to the corrupt DOJ and FBI.

All of the headline names around the seditious conspiracy against Donald Trump assemble within the network of the Lawfare group.

Three days after the October 21st, 2016, FISA warrant was obtained, Benjamin Wittes outlined the insurance policy approach.

FBI Director James Comey, FBI Legal Counsel James Baker, Comey memo recepient Daniel Richman, Deputy AG Sally Yates, Comey friend Benjamin Wittes, FBI lead agent Peter Strzok, FBI counsel Lisa Page, Mueller lead Andrew Weissmann and the Mueller team of lawyers, all of them -and more- are connected to the Lawfare group; and this network provides the sounding board for all of the weaponized approaches, including the various new legal theories as outlined within the Weissmann-Mueller Report.

The Lawfare continuum is very simple.  The corrupt 2015 Clinton exoneration; which became the corrupt 2016 DOJ/FBI Trump investigation; which became the corrupt 2017 DOJ/FBI Mueller probe; is currently the 2019 “impeachment” plan.  Weissmann and Mueller delivering their report evolved the plan from corrupt legal theory into corrupt political targeting.  Every phase within the continuum holds the same goal.

The current “impeachment strategy” is planned-out within the Lawfare group.

After the 2018 mid-terms, and in preparation for the “impeachment” strategy, House Intelligence Committee Chairman Adam Schiff and House Judiciary Committee Chairman Jerry Nadler hired Lawfare Group members to become committee staff. Chairman Schiff hired former SDNY U.S. Attorney Daniel Goldman (link), and Chairman Nadler hired  Obama Administration lawyer Norm Eisen and criminal defense attorney Barry Berke (link), all are within the Lawfare network.

Remember, Special Prosecutor Robert Mueller didn’t come into this process as an ‘outsider’, and Mueller didn’t select his team. The corrupt Lawfare team inside government (FBI Counsel James Baker, DOJ Deputy Andrew Weissmann, FBI Deputy McCabe etc.) already knew Mueller.  The team had established personal and professional connections to Mueller, and they brought him in to lead the team.

When you realize that Robert Mueller didn’t select the team; rather the preexisting team selected their figurehead, Robert Mueller; then results make sense.  Robert Mueller can never be allowed to testify to congress because if questioned he actually has very little understanding of what took place.

A disconcerting aspect to the Lawfare dynamic is how current U.S. Attorney General William Barr has knowledge of this.  Barr knows and understands how the Lawfare network operates. Barr is from this professional neighborhood. Like Mueller, Barr also knows these people.

“As a matter of law. In other words, we didn’t agree with the legal analysis- a lot of the legal analysis in the report. It did not reflect the views of the department. It was the views of a particular lawyer or lawyers.

AG BILL BARR

Under Eric Holder, Sally Yates, Loretta Lynch, Tom Perez, Robert Mueller, James Comey and Andrew McCabe, the focus of the DOJ and FBI became prismatic toward politics and tribalism.  All of the hired senior lawyers and officials had to be aligned with the political intents of the offices.

(CIA Director John Brennan brought the same political goals to an intelligence apparatus that held a preexisting disposition of alignment, see Mike Morell: “I ran the CIA now I’m endorsing Hillary Clinton.”)

Their agencies were used against their ideological enemies in large operations like Fast-n-Furious, IRS targeting, Gibson Guitar etc.  And also smaller operations: Henry Louis Gates, George Zimmerman, Darren Wilson, Ferguson, Baltimore etc.  All of these activist Lawfare examples were pushed and promoted by an allied media.

Many of the ‘weaponized’ approaches use radical legal theory (ex. disparate impact), and that ties into the purposes and methods of the Lawfare Group.  The intent of Lawfare is described in the name: to use Law as a tool in Warfare.  The ideology that binds the group is the ideological outlook and purpose: using the legal system to target political opposition.

The Lawfare group ensures you have the right to remain guilty until they verify your politics and determine your alignment with the tribe.  If accepted, your disposition shifts to innocent and you receive a pass to avoid any legal jeopardy…

When special counsel Robert Mueller formally closed the Russia investigation on May 29th, he opened the door to wide-ranging speculation as to the intent behind his statement. In the eyes of Former Texas Prosecutor Sidney Powell, Mueller’s words stood the rule of law and the presumption of innocence on their heads. (Conservative Treehouse, 6/01/2019)

February 25, 2019 – DOJ prevented the FBI from pursuing gross negligence charges against Clinton

“The DOJ required the FBI to establish evidence of intent in regards to Clinton—even though the gross negligence statute explicitly does not require this.

This meant that the FBI would have needed to find a smoking gun, such as an email or an admission from Clinton.

The word “intent” drove the entirety of the FBI’s investigation.

Anderson viewed intent as “an email that the Secretary sent saying, I set up this server for the purpose of sending unclassified information for my convenience, even though I know it’s not a secure system.”

According to House Majority Counsel at the time of Priestap’s interview, the State Department had identified 22 top-secret emails and 1,300 classified emails on Clinton’s email server.

Included within Clinton’s emails was “classified information up to the Special Access Program level.”

The classification level of SAPs is so high that Anderson refused to define her understanding of SAPs in the unclassified interview setting before congressional investigators

An email sent from an unknown individual in the FBI general counsel’s office to Priestap’s former boss, Michael Steinbach, contained a chart of available statutes for prosecuting Clinton.

Gross Negligence was specifically excluded.

Lisa Page appeared to indicate during her testimony that because of the DOJ’s position, there was no reason for the FBI to even pursue evidence related to the specific statute of gross negligence.

Under Anderson’s understanding of the DOJ’s standard, the extreme volume of emails was not a factor, nor was the classification level of the emails, as long as those being investigated were able to say they simply didn’t know any documents were actually classified.

Despite this, not everyone within the FBI agreed w/the DOJ.

FBI General Counsel James Baker:

“I thought these folks should know that this stuff is classified, that it was alarming what they were talking about, especially some of the most highly classified stuff.”

Page, Baker, and Anderson all testified that the gross negligence statute was rarely, if ever used, as part of their explanation for the DOJ’s unwillingness to pursue, but this logic was repeatedly challenged by then-majority House counsel Breitenbach.

Breitenbach:

“If part of that rationale was that it had never been used, then, by extension, one might presume that other statutes that are on the books, if they aren’t being used, should not be ever considered as predication for a prosecution.”

Anderson, the #2 lawyer at the FBI, was asked about her understanding of the difference between gross negligence and extreme carelessness.

Anderson answered that she didn’t “know exactly what the precise difference is between extremely careless and gross negligence.”

Which begs the question of why Anderson, among others, felt compelled to push Comey to change the language within his statement from the legal term of gross negligence to the non-legal term of extremely careless.

According to Anderson’s testimony, the FBI never even looked into negligence due to the DOJ’s legal position:

The issue at the heart of the Clinton email investigation was summarized by Breitenbach:

“The Department of Justice made a decision that intent was required, even though we have a statute on the books that does not require intent that [only] requires gross negligence.”

Absent a major error on her part, it appears that Clinton was effectively in the clear from the outset of the FBI investigation due to the DOJ’s decision to require intent.17)

Postscript:

With the exceptions of Moffa, Evans, and Hickey, every individual from the FBI and DOJ mentioned in the article has either been fired or has resigned.

Most have been the subject of congressional interviews.
(Jeff Carlson@themarketswork, 2/25/2019)   (Full Article: The Epoch Times, 2/25/2019)

(Republished in part with permission)

December 19, 2018 – Rep. Sheila Jackson Lee claims four Trump campaign officials are targets of FISA investigations

During a break in the testimony of Christine Blasey-Ford, Sheila Jackson Lee discretely passes along an envelope to Ford’s attorney, Michael Bromwich on September 28, 2018. (Credit: public domain)

“Multiple Trump campaign officials were the subjects of Foreign Intelligence Surveillance Act investigations, a Democratic lawmaker said in a closed-door hearing late last year.

If what Rep. Sheila Jackson Lee, D-Texas, says is true, the scope of the FBI’s FISA efforts for its counterintelligence investigation into President Trump’s 2016 campaign and its ties to Russia span far wider than previously known. So far, it is only confirmed that the FBI obtained FISA warrants targeting onetime Trump campaign aide Carter Page.

During a hearing on Dec. 19 with former Attorney General Loretta Lynch, the transcript of which was released on Monday, Jackson Lee mentioned three other individuals.

“I want to talk about the spring, summer, and autumn of 2016. Carter Page, at the time, was suspected of being a Russian asset; George Papadopoulos had told the Australian ambassador that Russians had Hillary [Clinton] emails; Paul Manafort had been named Trump campaign manager; Michael Flynn was Trump’s chief national security adviser and foreign policy adviser and, just yesterday, had a continuance in his sentencing,” Jackson Lee said. “One thing that all of these persons had in common was that each was the subject of a FISA Court investigation, which we now know, and all were directly connected to Trump. As attorney general, you had the authority to oversee FISA application process. Is that correct?”

Lynch replied “yes,” after which Justice Department lawyer Bradley Weinsheimer cut in to say Jackson Lee’s question “potentially gets into possibly classified information and also equities in an ongoing investigation.

(…) There has been talk in recent weeks about further steps taken to record members of Trump’s campaign, including Papadopoulos. Former Rep. Trey Gowdy, R-S.C., said on Sunday that the FBI withheld “game changer” transcript material about Papadopoulos from the surveillance court when filing applications targeting Page.

In an interview Friday, former FBI general counsel James Baker, who claims to have taken a leading role in overseeing the Page FISA warrant applications, was asked point-blank if the bureau used an unverified dossier to surveil anyone else. Claiming to be unfamiliar with what the government has revealed, Baker opted not to confirm nor deny it.

“I don’t think I should comment on that. I don’t know what else the government has confirmed,” Baker said on MSNBC. “I don’t want to confirm or deny anything about other potential FISA applications.”  (Read more: Washington Examiner, 5/21/2019) 

December 19, 2018 – Lynch testimony reveals bias and intent for failing to give Trump defensive briefing

Loretta Lynch (Credit: Moriah Ratner/The Hill)

“The defensive briefing, after all, is a procedure that is often given to presidential candidates, elected officials and even U.S. businesses that have either been unwittingly approached by foreign actors attempting to gain trust and befriend those in position of influence.

The briefing allows the government to protect the candidates, specifically if there is substantial information or knowledge to suggest that someone has targeted an unwitting American for information. If the FBI or intelligence agencies suspect foreign adversaries may be trying to penetrate a presidential campaign, as those FBI and DOJ sources suggested in testimony to lawmakers, it would then be required to warn those affected, a senior former intelligence official told SaraACarter.com.

Why? Because foreign adversaries like China and Russia for example, and even allies, will attempt to glean information – or favor – from unwitting persons with access to senior level officials. The access can assist those nation’s own national interest or provide access for intelligence collection.

In the case of Trump, the FBI gave only a general counterintelligence briefing but did not provide information to the campaign that the FBI believed there were specific counterintelligence threats. For example, the FBI’s concern over campaign advisors George Papadopolous, Carter Page and then concerns over former national security advisor Lt. Gen. Michael Flynn.“It is an essential task of the FBI and the intelligence community to give a defensive briefing to a presidential candidate when a foreign adversary is attempting to penetrate or make contact with someone in the campaign,” said a former senior intelligence official. “If the FBI and DOJ were so concerned about Carter Page and (George) Papadopolous why didn’t they brief Trump when he became a candidate? The fact that they didn’t is very revealing. If they gave defensive briefing to the Clinton campaign then I think we have the answer.

Bruce Ohr’s 268-page testimony, released last week by Georgia Rep. Doug Collins reveals the machinations of the FBI’s investigation into the Trump campaign and the players involved. Ohr’s testimony coupled with testimony provided by former U.S. Attorney General Loretta Lynch, which has not been released but reviewed by this reporter, along with former FBI General Counsel James Baker’s testimony reveals a startling fact: everyone appeared to say they were concerned the Russian’s were penetrating the Trump campaign but no one at the DOJ or FBI authorized a defensive briefing.” (Read more: Sarah Carter, 3/14/2019)

December 3, 2018 – Judicial Watch sues for records of FBI meetings with Clinton-DNC law firm, Perkins Coie in 2016

Michael Sussmann (l) and James Baker (Credit: Perkins Coie/public domain)

“Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice seeking records of all meetings in 2016 between former FBI General Counsel James Baker and the Perkins Coie law firm. The Clinton campaign and the Democratic National Committee (DNC) reportedly paid Fusion GPS to create the “salacious and unverified” Clinton-DNC anti-Trump dossier.

The lawsuit cites a specific media report that FBI top lawyer Baker met with Perkins Coie lawyers to discuss allegations of collusion between Donald Trump and Russia. The meeting reportedly took place weeks before the 2016 election and before the FBI secured a controversial FISA spy warrant targeting then-candidate Trump’s campaign.

Judicial Watch filed the lawsuit in the U.S. District Court for the District of Columbia after the DOJ failed to respond to an October 9, 2018, FOIA request (Judicial Watch v. U.S. Department of Justice (No. 1:18-cv-02617)) seeking:

All records concerning any and all meetings between former FBI general counsel James Baker and one or more attorneys from Perkins Coie, the Democratic National Committee’s private law firm during 2016.

On October 4, 2018, Fox News reported that Baker told congressional investigators that Perkins Coie lawyer Michael Sussmann “initiated contact with him and provided documents and computer storage devices on Russian hacking.” The contact was made in late 2016 as federal investigators prepared a Foreign Intelligence Surveillance Act (FISA) warrant to spy on Trump campaign aide Carter Page.

At the time, Perkins Coie had hired opposition research firm Fusion GPS to dig into President Trump’s background. Fusion GPS paid British ex-spy Christopher Steele to compile the anti-Trump dossier, memos from which were shared with the FBI in the summer of 2016.

The DNC and Clinton campaign’s funding of the unverified dossier was revealed in a memo from House Permanent Select Committee on Intelligence Chairman Devin Nunes which was disclosed publicly on February 2, 2018.

According to an October 24, 2017, report, Perkins Coie lawyer Marc E. Elias retained Fusion GPS in April 2016 on behalf of the Clinton campaign and DNC: “The Clinton campaign and DNC, through the law firm, continued to fund Fusion GPS’s research through the end of October 2016, days before Election Day.” Fusion GPS gave Steele’s dossier and other research documents to Elias.

“The real collusion scandal is the hand-in-hand effort by the Clinton campaign and the Obama DOJ/FBI to spy upon and destroy Donald J. Trump,” Judicial Watch President Tom Fitton said. “The FBI, pulled by the troika of Comey/McCabe/Strzok, became an arm of the Clinton campaign. And our new lawsuit aims to get to the bottom of the massive scandal.” (Judicial Watch, 12/03/2018)

October 23, 2018 – Sally Moyer’s redacted transcript

“Sally Moyer was FBI unit chief in the Office of General Counsel (counterintelligence legal unit within the FBI Office of General Counsel). Moyer reported to an unnamed section chief, who reported to Trisha Beth Anderson, who was deputy legal counsel to James Baker.

Ms. Moyer is responsible for the legal compliance within the FBI counterintelligence operations that generated FISA applications:

(Sally Moyer Transcript)

(Credit: Conservative Treehouse)

A review of the transcript clarifies a few aspects:

First, the DOJ/FBI team, “the small group”, specifically the legal officials who were ultimately participating in the process that permits politicization and weaponization of government intelligence systems, was also the exact same legal group who reviewed (and approved) the internal inspector general report which outlined their activity.

In essence, the DOJ/FBI bureaucratic corruption is so widespread, the corrupt officials involved are the same people who are the decision-makers in the amount of sunlight the Office of Inspect General is allowed to put forth.  Now the disconnect between the OIG executive summary and the body of content material makes sense:” (Read more: Conservative Treehouse, 5/21/2019)

October 13, 2018 – Ron Johnson demands records of FBI’s meeting with DNC attorney during campaign

Ron Johnson (l) and Christopher Wray (Credit: Carolyn Kaster/The Associated Press)

“Wisconsin Sen. Ron Johnson is calling on FBI Director Christopher Wray to hand over documents related to a former FBI lawyer’s meeting during the 2016 campaign with an attorney that represented the Democratic National Committee and Clinton campaign.

The meeting was revealed during a congressional deposition that former FBI general counsel James Baker gave on Oct. 3. Baker told lawmakers that in September 2016 he met with Michael Sussmann, a partner at Perkins Coie.

As the lead law firm for former Secretary of State Hillary Clinton’s campaign and the DNC, Perkins Coie hired opposition research firm Fusion GPS, which in turn hired Christopher Steele, the author of the infamous dossier alleging collusion between the Trump campaign and Russian government.

Sources familiar with Baker’s testimony say he testified that Sussmann provided him with documents related to Russian hacking of Democrats. He also testified that the meeting was unusual.

Republican lawmakers have questioned why Baker was meeting with a top Democratic lawyer at a crucial point in the campaign. Baker was interviewed as part of an investigation into the FBI’s handling of the Russia probe, as well as the Steele dossier.

Johnson, the chairman of the Senate Homeland Security and Government Reform Committee, is also asking Wray for FBI notes of interviews, known as 302s, conducted with Bruce Ohr, a Department of Justice official who met numerous times before and after the election with Steele. Ohr’s wife also worked for Fusion GPS while the firm was investigating President Donald Trump.” (Read more: The Daily Caller, 10/13/2018)

October 3, 2018 – James Baker testimony reveals he met with Larry Klayman regarding CIA/NSA whistleblower, Dennis Montgomery, and played a role in his immunity deal

Larry Klayman (l) and Dennis Montgomery (Credit: public domain)

On the same day House Intelligence Committee chairman Devin Nunes gave a press conference disclosing that President Trump had been under “incidental surveillance,” attorney and FreedomWatch chairman, Larry Klayman, sent a letter to the same committee, imploring them to pursue the claims and evidence presented under oath at a Washington DC FBI Field Office by his client, CIA/NSA whistleblower Dennis Montgomery, who Klayman claims “holds the keys to disproving the false claims that there is no evidence that the president and his men were wiretapped.”

When Montgomery attempted to deliver this information through the appropriate channels, he was met with closed doors.

In a March 2017 Newsmax article, Klayman writes:

(…) “Montgomery left the NSA and CIA with 47 hard drives and over 600 million pages of information, much of which is classified, and sought to come forward legally as a whistleblower to appropriate government entities, including congressional intelligence committees, to expose that the spy agencies were engaged for years in systematic illegal surveillance on prominent Americans, including the chief justice of the Supreme Court, other justices, 156 judges, prominent businessmen such as Donald Trump, and even yours truly. Working side by side with Obama’s former Director of National Intelligence (DIA), James Clapper, and Obama’s former Director of the CIA, John Brennan, Montgomery witnessed “up close and personal” this “Orwellian Big Brother” intrusion on privacy, likely for potential coercion, blackmail or other nefarious purposes.” 

(…) “After Montgomery was turned away as a whistleblower, he came to me at Freedom Watch. With the aid of the Honorable Royce C. Lamberth of the U.S. District Court for the District of Columbia, who I had come to respect and trust over the years of my public interest advocacy, we brought Montgomery forward to FBI Director James Comey, through his General Counsel James Baker. Under grants of immunity, which I obtained through Assistant U.S. Attorney Deborah Curtis, Montgomery produced the hard drives and later was interviewed under oath in a secure room at the FBI Field Office in the District of Columbia. There he laid out how persons like then-businessman Donald Trump were illegally spied upon by Clapper, Brennan, and the spy agencies of the Obama administration. He even claimed that these spy agencies had manipulated voting in Florida during the 2008 presidential election, which illegal tampering resulted in helping Obama to win the White House.

This interview, conducted and videoed by Special FBI Agents Walter Giardina and William Barnett, occurred almost two years ago, and nothing that I know of has happened since. It would appear that the FBI’s investigation was buried by Comey, perhaps because the FBI itself collaborates with the spy agencies to conduct illegal surveillance. In landmark court cases which I filed after the revelations of Edward Snowden, the Honorable Richard Leon, a colleague of Judge Lamberth, had ruled that this type of surveillance constituted a gross violation of the Fourth Amendment to the Constitution.

Deborah Curtis, the DoJ attorney who helped Montgomery receive a grant of immunity, also served on Robert Mueller’s Special Counsel investigation team.

Here is the relevant testimony in James Baker’s transcript release:

October 3rd & 18th, 2018 – Transcripts of former top FBI lawyer details a belief Clinton should have been charged for her “alarming, appalling” mishandling of classified info

(Credit: Conservative Treehouse)

“[James] Baker served as the FBI’s general counsel when the bureau investigated the Trump campaign and Hillary Clinton’s use of an unauthorized private email server. During two days of testimony on Oct. 3 and Oct. 18, he told lawmakers that he believed even toward the end of the Clinton investigation that she should have been charged over her “alarming, appalling” mishandling of classified information.

He argued with others, including then-FBI Director James Comey, about the issue all the way toward the end of the investigation, but was ultimately persuaded that Clinton should be exonerated.

“My original belief … after having conducted the investigation and towards the end of it, then sitting down and reading a binder of her materials, I thought that it was alarming, appalling, whatever words I said, and argued with others about why they thought she shouldn’t be charged,” Baker told lawmakers.

As of October 2018, nearly two years after the Clinton probe concluded, Baker still believed that the conduct of the former secretary of state and her associates was “appalling” with regard to the handling of classified information.

(…) As general counsel, Baker advised senior FBI leaders on the legal aspects of key investigations and served as the liaison with the Department of Justice (DOJ). In testimony, he detailed a series of unusual steps he took in the Trump-Russia investigation, including serving as the conduit between Perkins Coie—the firm working for the Clinton 2016 presidential campaign and the Democratic National Committee (DNC)—and the FBI.

Baker left his position as general counsel in early January 2018 and then resigned from the FBI in early May 2018.” (Read more: Epoch Times, 1/18/2019)