December 18, 2019 – The Horowitz Report & testimony provide historic condemnation of FBI’s surveillance actions—Jeff Carlson
Amidst the media spin about the recent Department of Justice IG report, what is the real bottom line? What does it mean for the FBI and its future?
Did Inspector General Horowitz really find that there was no bias in the opening of the Russia probe?
And, doing a deep dive into the Horowitz report and Horowitz’s testimony in the Senate hearing that followed, what’s the most important information that was revealed?
This is American Thought Leaders 🇺🇸, and I’m Jan Jekielek.
In this episode, we’ll sit down with Epoch Times columnist Jeff Carlson, a key contributor to The Epoch Times who was instrumental in our coverage of the Spygate scandal, and creation of The Epoch Times’ iconic Spygate poster. He is a CFA® Charterholder who worked for 20 years as an analyst and portfolio manager in the high-yield bond market.
CORRECTION: During a discussion (beginning at the 37:35 mark) of the two separate trips to Italy in August and late September 2019, that were made by AG Barr and US Attorney Durham, I mistakenly stated the year as being 2016. Both trips, along with AG Barr’s communications with officials in the UK and Australia, all occurred during 2019.
October 20, 2016 – The Uncovering – Mike Rogers’ Investigation, Section 702 FISA Abuse & the FBI
(…) “On January 7, 2016, the NSA Inspector General, George Ellard, released a report on NSA Controls & FISA compliance. Starting on page ii:
Agency controls for monitoring query compliance have not been completely developed.
The Agency has no process to reliably identify queries performed using selectors associated with 704 and 705(b) targets.
The rest of the highlights are fully redacted. But more information lay within the report (pages 6-7):
We identified another [redacted] queries that were performed outside the targeting authorization periods in E.O. 12333 data, which is prohibited by the E.O. 12333 minimization procedures. We also identified queries performed using USP selectors in FAA §702 upstream data, which is prohibited by the FAA §702 minimization procedures.
Downstream collection involves the government acquiring data from the companies providing service to the user – like Google or Facebook.
However, some Section 702 collection is obtained via “upstream” collection.
In simple parlance, upstream collection means the NSA accesses the high capacity fiber optic cables that carry Internet traffic and copies all the data flowing through those cables.
The agency is then supposed to filter out any “wholly domestic” communications that are between Americans located in the U.S.
Data collected “incidentally” on U.S. Citizens is generally not destroyed. It is minimized. As we will see later, this became a problem.
Intelligence Agencies can then search the data using “To”, “From” or “About” queries on a target of Section 702 collection.
“About” queries are particularly worrisome.
They occur when the target is neither the sender nor the recipient of the collected communication – but the target’s selector, such as an email address, is being passed between two other communicants.
For more information see, FISA Surveillance – Title I & III and Section 702.”
(…) “About” queries were abruptly halted by NSA Director Mike Rogers on October 20, 2016. This was formally announced by the NSA on April 28, 2017.
The events leading to this decision are described in this post.
Which brings us to a table from the Inspector General’s Report.
Table 3 (page 7) shows four types of violations. The most frequent violation – 5.2% of the total – came from Section 702 upstream “About” queries.
The Inspector General’s Report is heavily redacted – but even a casual reading indicates there were significant compliance and control issues within the NSA regarding the use of Section 702 data.
It’s unclear if NSA Director Rogers discovered the 702 violations and reported them in early 2015, or if it was the Inspector General who found them. Either way, Rogers became aware of Section 702 violations sometime in 2015.
Following NSA Inspector General Ellard’s report, Rogers implemented a tightening of internal rules at the NSA.
However, the NSA Inspector General’s report and Roger’s tightening of internal rules did not halt the Query Compliance Problems.
Outside Agencies – specifically the DOJ’s National Security Division and the FBI’s Counterintelligence Division – were still routinely violating Section 702 procedures.
In 2015, DOJ Inspector General Michael Horowitz (not to be confused with NSA IG Ellard) specifically requested oversight of the National Security Division. Deputy Attorney General Sally Yates responded with a 58 page Memorandum, that effectively told the Inspector General to go pound sand.
As noted earlier, John Carlin was the Head of the DOJ’s National Security Division and was responsible for filing the Government’s proposed 2016 Section 702 certifications.
This filing would be subject to intense criticism from the FISA Court following disclosures made by NSA Director Rogers. Significant changes to the handling of raw FISA data would result.
Bill Priestap remains the Head of the FBI’s Counterintelligence Division – appointed by FBI Director Comey in December 2015. See: FBI Counterintelligence Head Bill Priestap – A Cooperating Witness.”
(…) “On October 20 2016, Rogers was briefed by the NSA compliance officer on findings from the 702 NSA compliance audit. The audit had uncovered numerous “About” Query violations (Senate testimony).
On October 21, 2016, Rogers shut down all “About Query” activity. He reported his findings to the DOJ (Senate testimony & inferences from Court Ruling).
On October 21 2016, the DOJ & FBI seek and receive a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISA Court. At this point, the FISA Court is unaware of the Section 702 violations.
On October 24, 2016, Rogers verbally informed the FISA Court of his findings (Page 4 of Court Ruling). (Read more: themarketswork, 4/05/2018)
(Timeline editor’s note: Jeff Carlson at themarketswork.com, has done a remarkable job of reading the fine print and highlighting key details from Senate testimony, the NSA Inspector General’s report, and the FISC report that followed NSA Director Mike Rogers disclosure of 702 violations. This is a snippet of Carlson’s very informative piece and he has been kind enough to allow me to post far more than what Fair Use would normally allow. Please don’t miss the rest of his easy to understand, in-depth report.)
May 10, 2016 – George Papadopoulos, Alexander Downer & the Opening of the FBI Investigation
By: Jeff Carlson (themarketswork.com)
“The New York Times provided us an introduction to FBI reasoning in launching the Trump-Russia Inquiry – drunken comments from George Papadopoulos:
During a night of heavy drinking at an upscale London bar in May 2016, George Papadopoulos, a young foreign policy adviser to the Trump campaign, made a startling revelation to Australia’s top diplomat in Britain: Russia had political dirt on Hillary Clinton.
About three weeks earlier, Mr. Papadopoulos had been told that Moscow had thousands of emails that would embarrass Mrs. Clinton, apparently stolen in an effort to try to damage her campaign.
The information that Mr. Papadopoulos gave to the Australians answers one of the lingering mysteries of the past year: What so alarmed American officials to provoke the F.B.I. to open a counterintelligence investigation into the Trump campaign months before the presidential election?
The Papadopoulos/Downer meeting has been portrayed as a chance encounter in a bar. That does not appear to be the case. Papadopoulos was introduced to Downer through a chain of two intermediaries. Papadopoulos knew an Israeli embassy official in London named Christian Cantor who introduced Papadopoulos to Erika Thompson. Thompson was a counselor to Downer and served in Australia’s London embassy.
On May 4, 2016, Papadopoulos gave an interview to the London Times in which he stated then-UK Prime Minister David Cameron should apologize to Trump for negative comments. The interview was not well-received. According to the Daily Caller, Thompson reached out to Papadopoulos two days after the story appeared and said Downer wanted to meet with Papadopoulos. The meeting between Papadopoulos and Downer took place on May 10, 2016. Downer reportedly told Papadopoulos to “leave David Cameron alone.”
We know Papadopoulos mentioned “thousands of emails” in his FBI Interview regarding his April 26, 2016 meeting with Mifsud. That comment is noted in the July 28, 2017 Affidavit and the October 5, 2017 Statement of the Offense. However, there is nothing regarding comments made to Alexander Downer in either document.
What does Alexander Downer have to say about the May 10, 2016 meeting. From a news.com.au article:
“We had a drink and he (Papadopoulos) talked about what Trump’s foreign policy would be like if Trump won the election.”
He (Trump) hadn’t got the nomination at that stage. During that conversation he (Papadopoulos) mentioned the Russians might use material that they have on Hillary Clinton in the lead-up to the election, which may be damaging.
“We didn’t know anything about Trump and Russia and we had no particular focus on that,’’ Downer says of the Papadopoulos meeting. “For us we were more interested in what Trump would do in Asia” Downer told The Australian. “He [Papadopoulos] didn’t say dirt; he said material that could be damaging to her. No, he said it would be damaging. He didn’t say what it was.”
“By the way, nothing [Papadopoulos] said in that conversation indicated Trump himself had been conspiring with the Russians to collect information on Hillary Clinton. It was just that this guy, [Papadopoulos], clearly knew that the Russians did have material on Hillary Clinton — but whether Trump knew or not? He didn’t say Trump knew or that Trump was in any way involved in this. He said it was about Russians and Hillary Clinton; it wasn’t about Trump.”
Interestingly, the Schiff Memo appears to back this account up. From page two:
“Papadopoulos’ disclosure occurred against the backdrop of Russia’s aggressive covert campaign to influence our elections, which the FBI was already monitoring. We would later learn in Papadopoulos’ plea that the information the Russians could assist by anonymously releasing were thousands of Hillary Clinton emails.”
Despite initial reporting to the contrary, it appears neither “political dirt” nor Clinton emails were ever mentioned at the Papadopoulos/Downer meeting. Notably, Papadopoulos didn’t mention anything to indicate Trump knew of the Clinton information, or had any role in its collection or potential distribution.
There’s been some confusion over how Papadopoulos’ comments made their way to the FBI. Downer stated in his interview that he reported the conversation back to Australia almost immediately…” (Read much more: themarketswork.com, 8/15/2018)
March 2016 – Former Feinstein staffer, Daniel Jones, and his possible early involvement with Fusion GPS during 2016 elections
“In a March 8, 2018, op-ed for The Daily Caller titled “The Ever-Changing ‘Russia Narrative’ Is False Public Manipulation,” Russian oligarch Oleg Deripaska noted how “the disintegration of evidence-based journalism permits a surprisingly small number of individuals to destroy bilateral or multilateral relations.”
Deripaska then described an unusual meeting that took place on March 16, 2017, between his lawyer and a former intelligence staffer for Sen. Dianne Feinstein (D-Calif.) named Dan Jones:
“Daniel Jones—himself a team member of Fusion GPS, self-described former FBI agent and, as we now know from the media, an ex-Feinstein staffer—met with my lawyer, Adam Waldman, and described Fusion as a ‘shadow media organization helping the government,’ funded by a ‘group of Silicon Valley billionaires and George Soros.’”
At the time, Deripaska’s op-ed was largely ignored, or at least not viewed with great sincerity. Political commentary from Russian oligarchs isn’t in the greatest demand, domestically.
But just one week later, the House final report on Russia was made public. On page 112 of the report, there is a reference to “post-election anti-Trump research by Steele and/or Fusion GPS” along with a footnote. Contained in the footnote on page 113, is the following:
“In late March 2017, Jones met with FBI regarding PQG [Penn Quarter Group], which he described as ‘exposing foreign influence in Western elections.’ [redacted—likely Jones] told FBI that PQG was being funded by 7 to 10 wealthy donors located primarily in New York and California, who provided approximately $50 million. [redacted—likely Jones] further stated that PQG had secured the services of Steele, his associate [redacted—likely Fusion GPS co-founder Glenn Simpson], and Fusion GPS to continue exposing Russian interference in the 2016 U.S. Presidential election.”
This footnote, and its potential significance, was first highlighted in an April 27 article by The Federalist.
Jones, who had previously worked as a senior intelligence staffer for Feinstein, founded PQG in the spring of 2016.
In his interview with the FBI, Jones made mention of “7 to 10 wealthy donors located primarily in New York and California, who provided approximately $50 million” in funding to PQG. But unlike Deripaska, Jones makes no known reference to financial involvement from George Soros.
However, a recent article in the Washington Post revealed that at least some of the money received by Jones’ PQG did come from Soros through an intermediary. Michael Vachon, a spokesman for Soros, disclosed to Washington Post reporter David Ignatius that Soros had made a grant to the Democracy Integrity Project which, in turn, used Fusion GPS as a contractor.
Jones isn’t referred to by name in the article—he is described only as “an associate of Fusion.” Nor is the underlying identity of Democracy Integrity Project disclosed in the Washington Post article.” (Read more: The Epoch Times, 10/01/2018)
December 2015 – January 2017: Spygate, the true story of collusion – how America’s most powerful agencies were weaponized against Trump
Although the details remain complex, the structure underlying Spygate—the creation of the false narrative that candidate Donald Trump colluded with Russia, and the spying on his presidential campaign—remains surprisingly simple:
1. CIA Director John Brennan, with some assistance from Director of National Intelligence James Clapper, gathered foreign intelligence and fed it throughout our domestic Intelligence Community.
2. The FBI became the handler of Brennan’s intelligence and engaged in the more practical elements of surveillance.
3. The Department of Justice facilitated investigations by the FBI and legal maneuverings, while providing a crucial shield of nondisclosure.
4. The Department of State became a mechanism of information dissemination and leaks.
5. Hillary Clinton’s presidential campaign and the Democratic National Committee provided funding, support, and media collusion.
6. Obama administration officials were complicit, and engaged in unmasking and intelligence gathering and dissemination.
7. The media was the most corrosive element in many respects. None of these events could have transpired without their willing participation. Stories were pushed, facts were ignored, and narratives were promoted.
Let’s start with a simple premise: The candidacy of Trump presented both an opportunity and a threat.
Initially not viewed with any real seriousness, Trump’s campaign was seen as an opportunistic wedge in the election process. At the same time, and particularly as the viability of his candidacy increased, Trump was seen as an existential threat to the established political system.
The sudden legitimacy of Trump’s candidacy was not welcomed by the U.S. political establishment. Here was a true political outsider who held no traditional allegiances. He was brash and boastful, he ignored political correctness, he couldn’t be bought, and he didn’t care what others thought of him—he trusted himself.
Governing bodies in Britain and the European Union were also worried. Candidate Trump was openly challenging monetary policy, regulations, and the power of special interests. He challenged Congress. He challenged the United Nations and the European Union. He questioned everything.
Brennan became the point man in the operation to stop a potential Trump presidency. It remains unclear whether his role was self-appointed or came from above. To embark on such a mission without direct presidential authority seems both a stretch of the imagination and particularly foolhardy.
Brennan took unofficial foreign intelligence compiled by contacts, colleagues, and associates—primarily from the UK, but also from other Five Eyes members, such as Australia.
Individuals in official positions in UK intelligence, such as Robert Hannigan—head of the UK Government Communications Headquarters (GCHQ, Britain’s equivalent of the National Security Agency)—partnered with former UK foreign intelligence members. Former MI6 head Sir Richard Dearlove, former Ambassador Sir Andrew Wood, and private UK intelligence firm Hakluyt all played a role.
November 2015 – Employment of Nellie Ohr by Fusion GPS Raises New Questions
“One of the bombshell admissions from a closed-door testimony by DOJ official Bruce Ohr was that his wife, Nellie Ohr, was working for opposition research firm Fusion GPS already in late 2015.
Previously, it had been reported that Nellie Ohr was hired to find dirt on then-candidate Donald Trump in the spring of 2016.
“Ohr testified that Fusion approached his wife for a job and that she began working for the research firm in late 2015,” the Daily Caller reported.
In addition to the new time-frame for Nellie Ohr’s employment, Bruce Ohr also confirmed that former Deputy FBI Director Andrew McCabe, FBI Agent Peter Strzok, and FBI Special Counsel Lisa Page all knew he was talking to former British MI6 spy, Christopher Steele, who compiled the now-infamous opposition research dossier on Trump, which was used as the core evidence of an application for a [Title 1] Foreign Intelligence Surveillance Act (FISA) warrant to surveil Trump campaign volunteer Carter Page.
More importantly, Ohr also informed Justice Department prosecutor Andrew Weissmann about his dossier-related work and interactions with Steele. Ohr made these internal disclosures before Weissmann joined special counsel Robert Mueller’s probe into allegations of collusion between the Trump campaign and Russia. The Mueller Team has known of Ohr’s involvement with the Steele Dossier from the start of their formal investigation.
These events are likely intertwined. To understand why, we need to revisit an April 26, 2017, unsealed FISA Court Ruling, that was declassified by Director of National Intelligence Dan Coats.
There is a staggering amount of information contained within the ruling, including these two disclosures:
“NSA estimates that approximately eighty-five percent of those queries, representing [Redacted] queries conducted by approximately [Redacted] targeted offices, were not compliant with the applicable minimization procedures.”
“The FBI had disclosed raw FISA information, including but not limited to Section 702-acquired information, to a [Redacted] … is largely staffed by private contractors … the [Redacted] contractors had access to raw FISA information that went well beyond what was necessary to respond to the FBI’s requests.”
The Court said these practices had been going on since at least November 2015 and noted that “there is no apparent reason to believe the November 2015-April 2016 period coincided with an unusually high error rate.”
The FISA Court also pointed out that the government could not say how, when, or where the non-compliant information was used. Once an individual had access to the information, it could no longer be traced or tracked.
What the FISA Court disclosed is alarming in its simplicity.
Illegal NSA Database searches were endemic. Private contractors, employed by the FBI, were given full access to the NSA Database. Once in their possession, the FISA Data could not be traced.
Which brings us back to the original question: What was Nellie Ohr doing in 2015? And who were the FBI’s private contractors? (Much more: themarketswork, 9/02/2018)
- Andrew McCabe
- Andrew Weissmann
- Bruce Ohr
- Christopher Steele
- Clinton/DNC/Steele Dossier
- Dan Coats
- Department of Justice
- FISA Title-1 surveillance warrant
- Fusion GPS
- Jeff Carlson
- Lisa Page
- Mueller team
- Nellie Ohr
- November 2015
- NSA database queries
- Peter Strzok
- private contractors
- Trump opposition research
- U.S. Foreign Intelligence Surveillance Court (FISC)