Category Archives: Department of Justice

FBI used dossier allegations to bolster Trump-Russia investigation

CNN reports: The FBI last year used a dossier of allegations of Russian ties to Donald Trump’s campaign as part of the justification to win approval to secretly monitor a Trump associate, according to US officials briefed on the investigation.

The dossier has also been cited by FBI Director James Comey in some of his briefings to members of Congress in recent weeks, as one of the sources of information the bureau has used to bolster its investigation, according to US officials briefed on the probe.

This includes approval from the secret court that oversees the Foreign Intelligence Surveillance Act (FISA) to monitor the communications of Carter Page, two of the officials said. Last year, Page was identified by the Trump campaign as an adviser on national security.

Officials familiar with the process say even if the application to monitor Page included information from the dossier, it would only be after the FBI had corroborated the information through its own investigation. The officials would not say what or how much was corroborated. [Continue reading…]

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Louise Mensch on Mike Flynn’s treason tour: Russian propaganda coordinated with Trump

There is still considerable wariness around Louise Mensch because of her persona and her politics, but even so, considerable evidence that she has earned the trust of sources inside the intelligence community. In February, The Guardian reported:

The full facts about the connections between the Trump camp and the Kremlin are not yet known. Trump now has authority over all the intelligence agencies that were investigating the Russian connection. Investigations have been officially launched in the Senate, but there too, Republicans are in command, and only a handful of senators seem ready to break party ranks to inquire further.

However, it seems increasingly clear that Mensch landed an extraordinary scoop [that a FISA court in Washington had granted a warrant to allow the FBI to conduct surveillance of “US persons” in an investigation of possible contacts between Russian banks and the Trump organisation] that had eluded the best investigative journalists in the US. Her explanation is that her vocal advocacy on behalf of UK and US intelligence agencies since former NSA contractor Edward Snowden’s revelations about mass surveillance led her sources to trust her.

“They gave me one of the most closely guarded secrets in intelligence,” she said in a telephone interview. “People are speculating why someone trusted me with that. Nobody met me in a darkened alley in a fedora, but they saw me as someone who has political experience and is their friend. I am a pro-national security partisan. I don’t have divided loyalties.”

Mensch said she gained her reputation among intelligence professionals on both sides of the Atlantic as a result of her furious criticism of the Guardian’s handling of the NSA files leaked by Snowden when he walked out of his NSA job in Hawaii and fled to Hong Kong.

Mensch now writes: Sources linked to the intelligence community say that General Mike Flynn’s trips to Cambridge and across Europe will form a key part of Donald Trump’s impeachment and the prosecutions of dozens of his associates.

According to several sources within the intelligence community, Michael Flynn was co-ordinating, with and for Russian agents, the drafting of messages that Vladimir Putin was using to attack democracy in not only the United States, but across Europe. Furthermore, Flynn was doing this with the full knowledge of the Trump campaign, including Donald Trump himself.

This news directly relates to the data laundering performed by the Alfa Bank server on behalf of Donald Trump and Russia, where, as I reported, the Trump campaign colluded with the hacking of both the DNC and state voter databases.

The Alfa Bank server ‘washed’ that data together to tell Trump where to target it, sources say. But the messages and content with which targets were served was co-ordinated with Russia by General Flynn.

Furthermore, Flynn took the same hacking tools and artificial intelligence coded in Russia and helped far-right and Nazi parties across Europe use it in their own nations. Intelligence sources assert that multiple NATO partners have evidence of this and that it has been provided to the FBI.

If ‘data laundering’ is the first part of the Trump Russia incontrovertible evidence, ‘propaganda targeting’ is the second part. Flynn attacked not only the United States but all her Western allies on Russia’s behalf, with the full knowledge and connivance of Donald Trump.

Both halves of the social media impeachment will, sources assert, be key to Director Comey’s overall case. This is the ‘incontrovertible evidence’ to which Sir Richard Dearlove and others have referred. [Continue reading…]

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FBI documents detail how the Russians try to recruit spies

CNN reports: It is a scene ripped from Hollywood spy thrillers: Russian agents living and working among everyday, American citizens as cover for their true mission of stealing state secrets.

In the real world, it is highly unlikely that your neighbor, coworker or mailman is actually a clandestine Russian operative working under a false identity. But that certainly does not mean the art of espionage has gone out of style in the world of international intelligence gathering, particularly between the United States and its former Cold War foe.

Amid all of the accusations and speculation pouring out of the investigations of Russian meddling in the 2016 US election, the notion that foreign spies are using old-school tactics and personally recruiting agents to divulge sensitive information is actually widely accepted among intelligence officials.

There is no doubt that the rise of information warfare and cyberespionage has changed the spy game in the years since the Cold War. But the playbook on how to target, recruit and manipulate sources has generally stayed the same. [Continue reading…]

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Jeff Sessions, unleashed at the border

A New York Times editorial says: Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference: Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law. [Continue reading…]

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Court approved wiretap on Trump campaign aide, Carter Page, seen as Russian agent

The New York Times reports: The Justice Department obtained a secret court-approved wiretap last summer on Carter Page, a foreign policy adviser to Donald J. Trump’s presidential campaign, based on evidence that he was operating as a Russian agent, a government official said Wednesday.

The Foreign Intelligence Surveillance Court issued the warrant, the official said, after investigators determined that Mr. Page was no longer part of the Trump campaign, which began distancing itself from him in early August. Mr. Page is one of several Trump associates under scrutiny in a federal investigation.

The Justice Department considered direct surveillance of anyone tied to a political campaign as a line it did not want to cross, the official added. But its decision to seek a wiretap once it was clear that Mr. Page had left the campaign was the latest indication that, as Mr. Trump built his insurgent run for the White House, the F.B.I. was deeply concerned about whether any of his associates were colluding with Russia.

To obtain the warrant, the government needed to show probable cause that Mr. Page was acting as an agent of Russia. Investigators must first get approval from one of three senior officials at the Justice Department. Then, prosecutors take it to a surveillance court judge.

And though the Trump administration has said Mr. Page was a bit player who had no access to the candidate, the wiretap shows the F.B.I. had strong evidence that a campaign adviser was operating on behalf of Moscow. [Continue reading…]

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KremlinGate and the limits of classified evidence

John R. Schindler writes: President Trump’s Russia problem is off the front pages for the first time in months. In retaliation for the Assad regime’s continued use of chemical weapons against civilians, Trump attacked a Syrian airbase using 59 cruise missiles launched from U.S. Navy ships.

To the great distress of many of the president’s most ardent fans, the Trump White House has honored Obama’s Syrian “red line,” which his predecessor so embarrassingly walked away from almost four years ago, thereby handing the Syrian problem—and much of the Middle East—over to Vladimir Putin. It’s no wonder that the Kremlin is suddenly critical of the new administration, using strong words to express its displeasure with Trump’s muscular act against the Assad regime, which is Moscow’s loyal client.

But none of this means the FBI’s counterintelligence investigation of KremlinGate is going away. In fact, we now know that it’s been underway for almost a year. According to a new report in The New York Times, John Brennan, the CIA director during President Obama’s second term, knew last summer that Kremlin interference in our election was a serious and fast-growing problem. He was so worried that, in late August, Brennan personally briefed eight senior members of Congress on new evidence of Russia’s meddling—in some cases, the CIA director interrupted their summer vacations to share the bad news.

The Times doesn’t indicate what that urgent new intelligence was, but members of the Intelligence Community with access to that evidence have told me there are several top-secret reports—mainly, but not exclusively, signals intelligence from NSA—demonstrating links between Team Trump and top Kremlin officials, hinting at collusion with Moscow during last year’s election. Although none of these reports individually is conclusive—there is no “smoking gun” as Beltway wonks like to say—taken together they lead to the disturbing finding that Trump’s campaign was in cahoots with Moscow to hurt Hillary Clinton. That the IC knew much of this last summer invites disturbing questions about the Obama administration’s puzzling inaction last fall, in the weeks leading to the election.

FBI director James Comey has tamped down expectations of any quick resolution of his Bureau’s investigation of KremlinGate. He is surely correct that this weighty matter is best addressed thoroughly and judiciously, not rashly. We need the facts—not assertions or unprovable claims from dodgy dossiers. The existence of top-secret evidence pointing to collusion between Team Trump and Team Putin means that investigators and prosecutors have red meat to work with, but that does not necessarily mean that indictments are coming soon.

Comey faces a particular problem, little understood by the public or even by most journalists covering KremlinGate. That’s the fact that classified evidence is inadmissible in court, and top-secret information will never be shown to a jury. FBI agents therefore face the uncomfortable difficulty of knowing (from highly classified reports) what was going on—and finding unclassified corroboration if they want to prosecute anybody.

Hence the pressing need to get co-conspirators to “flip” on each other and, even better, coercing confessions from those facing possible prison time. [Continue reading…]

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FBI obtained FISA warrant to monitor former Trump adviser Carter Page

The Washington Post reports: The FBI obtained a secret court order last summer to monitor the communications of an adviser to presidential candidate Donald Trump, part of an investigation into possible links between Russia and the campaign, law enforcement and other U.S. officials said.

The FBI and the Justice Department obtained the warrant targeting Carter Page’s communications after convincing a Foreign Intelligence Surveillance Court judge that there was probable cause to believe Page was acting as an agent of a foreign power, in this case Russia, according to the officials.

This is the clearest evidence so far that the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of an investigation into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor.

Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others in connection with Russia’s meddling in the 2016 presidential election. The counterintelligence investigation into Russian efforts to influence U.S. elections began in July, officials have said. Most such investigations don’t result in criminal charges. [Continue reading…]

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Trump associates didn’t have to be under surveillance to be unmasked

The current Trump/White House narrative designed to distract and deflect attention away from the massive array of ties Trump and his associates have with Russia, is to cast themselves as victims of politicized intelligence who were illegitimately spied on and thence illegitimately “unmasked.”

One of the key deceptions at the heart of this narrative is the notion that Trump and/or his associates were parties to the intercepted conversations from which their names were subsequently unmasked.

As Business Insider notes:

[F]ormer NSA Director Michael Hayden, who also served as the principal deputy director of national intelligence and the director of the CIA, cautioned against “automatically assuming that the US person was party to the conversation” that may have prompted an unmasking.

“My life experience suggests that the overwhelming proportion of these cases of incidental collection is not information to or from an American, but information about an American,” Hayden said. “In this case, it is very likely in most instances two foreigners talking about the Trump transition.”

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FBI probing whether Trump aides helped Russian intel in early 2016

CBS News reports: CBS News has learned that U.S. investigators are looking into whether Trump campaign representatives had a role in helping Russian intelligence as it carried out cyberattacks on the Democratic National Committee and other political targets in March 2016.

This new information suggests that the FBI is going back further than originally reported to determine the extent of possible coordination. Sources say investigators are probing whether an individual or individuals connected to the campaign intentionally or unwittingly helped the Russians breach Democratic Party targets.

In March 2016, both Mr. Trump and Hillary Clinton had emerged as their parties’ most likely nominees.

According to a declassified intelligence assessment, it was in March when Russian hackers “began cyber operations aimed at the U.S. election.” In May, U.S. officials say the Russians had stolen “large volumes of data from the DNC.” [Continue reading…]

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Paul Manafort’s finances, alliance with Trump draw Treasury, Justice, FBI eyes

McClatchy reports: The man who headed Donald Trump’s presidential campaign last summer is in a squeeze.

Paul Manafort is not only a key figure in the FBI investigation of whether Trump associates knew of or colluded in Russia’s cyber meddling in last year’s U.S. elections, but he also faces legal issues about his business and personal finances that could give investigators leverage to compel his cooperation.

The FBI, Justice Department and Treasury Department are examining whether any of Manafort’s millions of dollars in consulting income from pro-Russian Ukrainian politicians and oligarchs were laundered from corrupt sources, whether he properly disclosed all his foreign bank accounts each year to the U.S. government and whether he paid taxes on all foreign income, two sources familiar with the inquiry said.

Also at issue is whether Manafort needed to register as a foreign agent on behalf of Ukraine or Russia and failed to do so, said the sources, who spoke on condition of anonymity because the sprawling inquiries are secret and ongoing. [Continue reading…]

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Is the Trump White House spying on the FBI?

Barton Gellman writes: If Nunes saw reports that named Trump or his associates, as he said, the initiative for naming names did not come from the originating intelligence agency. That is not how the process works. The names could only have been unmasked if the customers—who seem in this case to have been Trump’s White House appointees—made that request themselves. If anyone breached the president’s privacy, the perpetrators were working down the hall from him. (Okay, probably in the Eisenhower Executive Office Building next door.) It is of course hypocritical, even deceptive, for Nunes to lay that blame at the feet of intelligence officials, but that is not the central concern either.

If events took place as just described, then what exactly were Trump’s appointees doing? I am not talking only about the political chore of ginning up (ostensible) support for the president’s baseless claims about illegal surveillance by President Obama. I mean this: why would a White House lawyer and the top White House intelligence adviser be requesting copies of these surveillance reports in the first place? Why would they go on to ask that the names be unmasked? There is no chance that the FBI would brief them about the substance or progress of its investigation into the Trump campaign’s connections to the Russian government. Were the president’s men using the surveillance assets of the U.S. government to track the FBI investigation from the outside? [Continue reading…]

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FBI visits office of Saipan casino run by Trump protege

Bloomberg reports: Agents from the U.S. Federal Bureau of Investigation visited an office belonging to the operator of a casino on the remote U.S. island of Saipan that has attracted attention for its huge revenues, according to a local legislator and residents.

FBI personnel, accompanied by uniformed police officers, arrived Thursday morning at a local office used by Imperial Pacific International Holdings Ltd., the Hong Kong-based company that owns the Best Sunshine Live casino, local residents said. They stayed for several hours, with local police blocking access to the building.

“There definitely was some kind of investigation or raid being done,” said Ed Propst, a member of the territorial legislature. “It appears to be a joint effort between local and federal authorities.” [Continue reading…]

In November, Bloomberg reported: On a tiny island in the western Pacific, at the end of a duty-free mall wedged between a one-story laundromat and a cell-phone shop, you’ll find what may be the most successful casino of all time.

The awkwardly named Best Sunshine Live hardly looks like a high-roller hub. Construction workers bet $5 or $10 at a time on roulette and baccarat in a fug of nicotine. Clustered in a far corner are a handful of tables for so-called VIP gamblers, which at 8:30 p.m. on a September Saturday are almost empty. A nearby bar has just a couple of patrons.

Nothing about the facility, which opened last year on the U.S. island of Saipan, hints at the money flowing through it—table for table, far more than at the biggest casinos in Macau, the world’s number-one gambling capital. Nor is there any sign of the connections of its owner, Hong Kong-listed Imperial Pacific International Holdings Ltd., which has a market value of $2.4 billion.

It’s a power list that includes a former director of the Central Intelligence Agency, a former director of the Federal Bureau of Investigation, and three former U.S. governors, including past chairmen of both the Democratic and Republican National Committees. Behind them all: a Donald Trump protege, Mark Brown, who ran the Republican president-elect’s Atlantic City casino empire and is now Imperial Pacific’s chief executive officer.

With that backing, Best Sunshine is posting numbers that stagger industry veterans. The daily reported revenue for each of its VIP tables in the first half of the year, about $170,000, is almost eight times the average of Macau’s largest casinos. Its 16 VIP tables alone generate revenue that’s more than half of the receipts from 178 high-stakes tables at Wynn Resorts Ltd.’s flagship casino in the Chinese territory, a 20-story palace with three Michelin-starred restaurants.

The revenue figures, or actual wins by the house, are just a fraction of total bets. In September, Imperial Pacific reported a record $3.9 billion in bets at its casino—meaning the 100 or so high-rollers who it says come through its doors monthly each wagered an average of $39 million. [Continue reading…]

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Flynn and Trump’s views on immunity, crimes, and FBI investigations

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Flynn offers to testify in Trump-Russia probe in exchange for immunity

The Wall Street Journal reports: Mike Flynn, President Donald Trump’s former national security adviser, has told the Federal Bureau of Investigation and congressional officials investigating the Trump campaign’s potential ties to Russia that he is willing to be interviewed in exchange for a grant of immunity from prosecution, according to officials with knowledge of the matter.

As an adviser to Mr. Trump’s presidential campaign, and later one of Mr. Trump’s top aides in the White House, Mr. Flynn was privy to some of the most sensitive foreign-policy deliberations of the new administration and was directly involved in discussions about the possible lifting of sanctions on Russia imposed by the Obama administration.

He has made the offer to the FBI and the House and Senate intelligence committees though his lawyer but has so far found no takers, the officials said. [Continue reading…]

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Trump Russia dossier key claim ‘verified’

BBC News reports: The BBC has learned that US officials “verified” a key claim in a report about Kremlin involvement in Donald Trump’s election – that a Russian diplomat in Washington was in fact a spy.

So far, no single piece of evidence has been made public proving that the Trump campaign joined with Russia to steal the US presidency – nothing.

But the FBI Director, James Comey, told a hushed committee room in Congress last week that this is precisely what his agents are investigating.

Stop to let that thought reverberate for a moment.

“Investigation is not proof,” said the president’s spokesman.

Trump’s supporters are entitled to ask why – with the FBI’s powers to subpoena witnesses and threaten charges of obstructing justice – nothing damning has emerged.

Perhaps there is nothing to find. But some former senior officials say it is because of failings in the inquiry, of which more later.

The roadmap for the investigation, publicly acknowledged now for the first time, comes from Christopher Steele, once of Britain’s secret intelligence service MI6.

He wrote a series of reports for political opponents of Donald Trump about Trump and Russia.

Steele’s “dossier”, as the material came to be known, contains a number of highly contested claims.

At one point he wrote: “A leading Russian diplomat, Mikhail KULAGIN, had been withdrawn from Washington at short notice because Moscow feared his heavy involvement in the US presidential election operation… would be exposed in the media there.”

There was no diplomat called Kulagin in the Russian embassy; there was a Kalugin. [Continue reading…]

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Why the FBI can’t tell all on Trump, Russia

WhoWhatWhy reports: It will take an agency independent of the Federal Bureau of Investigation (FBI) to expose Donald Trump’s true relationship with Moscow and the role Russia may have played in getting him elected.

Director James Comey recently revealed in a congressional hearing for the first time that the FBI “is investigating … the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia’s efforts.”

However, a two-month WhoWhatWhy investigation has revealed an important reason the Bureau may be facing undisclosed obstacles to revealing what it knows to the public or to lawmakers.

Our investigation also may explain why the FBI, which was very public about its probe of Hillary Clinton’s emails, never disclosed its investigation of the Trump campaign prior to the election, even though we now know that it commenced last July.

Such publicity could have exposed a high-value, long-running FBI operation against an organized crime network headquartered in the former Soviet Union. That operation depended on a convicted criminal who for years was closely connected with Trump, working with him in Trump Tower — while constantly informing for the FBI and the Department of Justice (DOJ), and being legally protected by them.

Some federal officials were so involved in protecting this source — despite his massive fraud and deep connections to organized crime — that they became his defense counsel after they left the government.

In secret court proceedings that were later unsealed, both current and former government attorneys argued for extreme leniency toward the man when he was finally sentenced. An FBI agent who expressed his support for the informant later joined Trump’s private security force.

In this way, the FBI’s dilemma about revealing valuable sources, assets and equities in its ongoing investigation of links between the Trump administration and Russian criminal elements harkens back to the embarrassing, now infamous Whitey Bulger episode. In that case, the Feds protected Bulger, a dangerous Boston-based mobster serving as their highly valued informant, even as the serial criminal continued to participate in heinous crimes. The FBI now apparently finds itself confronted with similar issues: Is its investigation of the mob so crucial to national security that it outweighs the public’s right to know about their president? [Continue reading…]

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Senate intelligence leaders pledge bipartisan Trump-Russia inquiry

Reuters reports: The Republican chairman of the U.S. Senate Intelligence Committee on Wednesday promised a thorough investigation into any direct links between Russia and Republican Donald Trump during his successful 2016 run for the White House.

Committee Chairman Richard Burr and Mark Warner, its top Democrat, pledged at a joint news conference that they would work together, in contrast with the partisan discord roiling a similar probe by the House of Representatives Intelligence Committee.

Burr was asked if the Senate panel wanted to determine if there was anything suggesting a direct link to Trump, and responded: “We know that our challenge is to answer that question for the American people.”

Trump’s young presidency has been clouded by allegations from U.S. intelligence agencies that Russia sought to help him win, while connections between his campaign personnel and Russia also are under scrutiny. Trump dismisses such assertions and Russia denies the allegations.

The Senate committee intends to begin interviewing as many as 20 people, including Jared Kushner, Trump’s son-in-law and one of his closest advisers, beginning as early as Monday.

Burr served as a security adviser to Trump’s campaign but said he had not coordinated with him on the scope of the committee’s investigation. He insisted he could remain objective.

Burr declined to go along with the White House’s denial of collusion between the campaign and Russian hackers, who U.S. intelligence officials believe favored Trump in last year’s campaign at the expense of Democratic challenger Hillary Clinton.

Warner and Burr both stressed the importance of exposing the activity of Russian hackers, which Warner said included reports of “upwards of 1,000 paid Internet trolls” who spread false negative stories about Clinton. [Continue reading…]

Aaron Blake writes: Americans live in two realities when it comes to the Russia investigation. On one side is the intelligence community, and on the other is a Republican Party that very much believes President Trump’s alternative facts.

Including, apparently, that Trump’s offices were wiretapped during the 2016 presidential campaign.

A new CBS poll shows that three in four Republicans believe it’s at least “somewhat likely” that Trump’s offices were wiretapped or under some kind of surveillance during the race. Although 35 percent think it’s “very likely,” 39 percent say it’s “somewhat likely.” About half (49 percent) of independents also say it’s at least “somewhat likely.” [Continue reading…]

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