Category Archives: Department of Justice

Jeff Sessions as attorney general: An insult to justice

In an editorial, the New York Times says: In 1986, President Ronald Reagan nominated Jeff Sessions, then a United States attorney from Alabama, to be a federal judge. The Republican-controlled Senate rejected Mr. Sessions out of concern, based on devastating testimony by former colleagues, that he was a racist.

Three decades later, Mr. Sessions, now a veteran Alabama senator, is on the verge of becoming the nation’s top law-enforcement official, after President-elect Donald Trump tapped him on Friday to be attorney general.

It would be nice to report that Mr. Sessions, who is now 69, has conscientiously worked to dispel the shadows that cost him the judgeship. Instead, the years since his last confirmation hearing reveal a pattern of dogged animus to civil rights and the progress of black Americans and immigrants.

Based on his record, we can form a fairly clear picture of what his Justice Department would look like:

For starters, forget about aggressive protection of civil rights, and of voting rights in particular. Mr. Sessions has called the Voting Rights Act of 1965 a “piece of intrusive legislation.” Under him, the department would most likely focus less on prosecutions of minority voter suppression and more on rooting out voter fraud, that hallowed conservative myth. As a federal prosecutor, Mr. Sessions brought voter-fraud charges against three civil rights workers trying to register black voters in rural Alabama. The prosecution turned up 14 allegedly doctored ballots out of 1.7 million cast, and the jury voted to acquit. [Continue reading…]

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Sidney Blumenthal: Donald Trump won the election as a result of an FBI ‘coup d’état’

Sidney Blumenthal, former aide to President Bill Clinton and long-time confidant to Hillary Clinton, was interviewed on Friday on Nieuwsuur (News Hour) which is broadcast on Dutch public television. The introduction is in Dutch but the interview itself is in English.

Blumenthal says the decisive intervention in the election by FBI Director James Comey “was the result of a cabal of right-wing agents of the FBI in the New York office attached to Rudy Giuliani who was a member of Trump’s campaign and I think it’s not unfair to call it a ‘coup’.”

 

“Trump has positioned himself to be Vladimir Putin’s junior partner… His policy is consistently pro-Putin and I think that we will see, if his rhetoric is made into reality, that American foreign policy since the end of World War Two will be overthrown.”

The New York Times reports: Hillary Clinton on Saturday cast blame for her surprise election loss on the announcement by the F.B.I. director, James B. Comey, days before the election that he had revived the inquiry into her use of a private email server.

In her most extensive remarks since she conceded the race to Donald J. Trump early Wednesday, Mrs. Clinton told donors on a 30-minute conference call that Mr. Comey’s decision to send a letter to Congress about the inquiry 11 days before Election Day had thrust the controversy back into the news and had prevented her from ending the campaign with an optimistic closing argument.

“There are lots of reasons why an election like this is not successful,” Mrs. Clinton said, according to a donor who relayed the remarks. But, she added, “our analysis is that Comey’s letter raising doubts that were groundless, baseless, proven to be, stopped our momentum.” [Continue reading…]

Suppose the Clinton campaign had stayed on track and there had been no FBI intervention. It seems much more likely than not, that Clinton would have won.

That campaign would now be a subject of analysis in which pundits were describing the keys to its success, alongside the reasons Trump had failed.

In other words, it’s easy to picture two versions of the Clinton campaign that are virtually identical, the only significant difference being on whether the FBI had stepped in.

Even though it’s reasonable to point out that the FBI would never have got involved in the first place had it not been for Clinton’s ill-judged decision to set up a private email server, that mistake itself didn’t appear to be an obstacle to her election until the FBI willfully reawakened it as a campaign issue.

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Why did the FBI drag out its email investigation on Hillary Clinton for so long?

Michael T Flynn, the former Director of the Defense Intelligence Agency, a 33-year career military intelligence officer and currently a close adviser to Donald Trump, tweeted this following the FBI’s notification that its review of emails has been completed and its July conclusion remains unchanged:


This is the level of dismay one might expect from someone who is completely ignorant about information technology.

Perhaps this is how Flynn pictures the FBI’s email review process:

 

Or maybe not.

Flynn followed up with an indication he is aware some highfalutin “smart machines” could have been at work, but he remains skeptical about the lightning speed of the analysis:


Let’s see… If it takes one year to review 60,000 emails it should take a decade to review 650,000 — is that what you’re thinking, general?

It turns out, the FBI has a whole division devoted to Operational Technology with stacks and stacks of smart machines at its headquarters in Quantico, Virginia. The bureau acknowledges, “While OTD’s work doesn’t typically make the news, the fruits of its labor are evident in the busted child pornography ring, the exposed computer hacker, the prevented bombing, the averted terrorist plot, and the prosecuted corrupt official.”

The Washington Post drills deep into the information retrieval technicalities of the latest investigation and confirms that it did indeed involve the use of “special software.” (Lead investigator to Comey: “How can we go through 650,000 emails fast enough?!” Comey: “You’ll need to use the special software.”)

We live in an era where roughly two billion people have access to Google. The content of about 50 billion web pages is continuously being indexed by the search giant and information from that index can be retrieved in a fraction of a second. Most people haven’t the faintest idea how search technology works, but everyone knows this: it’s super fast.

So Flynn is right: something doesn’t jive.

If 650,000 emails could be reviewed in 8 days, why did the FBI dawdle for a year over its analysis of 60,000 emails?

It turned out that the recent review was mostly an exercise in matching duplicate documents, i.e. it was highly suited to automated data processing.

The first sweep was much more analytical and interpretative and clearly required more eyeballs and deliberation, considering both content and intent.

Nevertheless, what has become evident over the last ten days is that the FBI is a highly politicized government agency. It appears that among its ranks there are a significant number of individuals who believe they are entitled to use their considerable power to influence the outcome of a presidential election.

For that reason, it’s fair to ask now whether the investigation into Hillary Clinton’s private email server was dragged out for as long as possible precisely so that it could yield the greatest damage to her campaign — irrespective of the investigation’s findings.

If that was the intention, it seems likely this effort will ultimately fail. Instead, the FBI has profoundly damaged its own credibility as a politically impartial institution serving the interests of the American people.

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How to rig an election

Paul Krugman writes: It’s almost over. Will we heave a sigh of relief, or shriek in horror? Nobody knows for sure, although early indications clearly lean Clinton. Whatever happens, however, let’s be clear: this was, in fact, a rigged election.

The election was rigged by state governments that did all they could to prevent nonwhite Americans from voting: The spirit of Jim Crow is very much alive — or maybe translate that to Diego Cuervo, now that Latinos have joined African-Americans as targets. Voter ID laws, rationalized by demonstrably fake concerns about election fraud, were used to disenfranchise thousands; others were discouraged by a systematic effort to make voting hard, by closing polling places in areas with large minority populations.

The election was rigged by Russian intelligence, which was almost surely behind the hacking of Democratic emails, which WikiLeaks then released with great fanfare. Nothing truly scandalous emerged, but the Russians judged, correctly, that the news media would hype the revelation that major party figures are human beings, and that politicians engage in politics, as somehow damning.

The election was rigged by James Comey, the director of the F.B.I. His job is to police crime — but instead he used his position to spread innuendo and influence the election. Was he deliberately putting a thumb on the electoral scales, or was he simply bullied by Republican operatives? It doesn’t matter: He abused his office, shamefully.

The election was also rigged by people within the F.B.I. — people who clearly felt that under Mr. Comey they had a free hand to indulge their political preferences. In the final days of the campaign, pro-Trump agents have clearly been talking nonstop to Republicans like Rudy Giuliani and right-wing media, putting claims and allegations that may or may not have anything to do with reality into the air. The agency clearly needs a major housecleaning: Having an important part of our national security apparatus trying to subvert an election is deeply scary. Unfortunately, Mr. Comey is just the man not to do it. [Continue reading…]

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FBI Director James Comey is unfit for public service

Kurt Eichenwald writes: James Comey should not simply be fired as director of the Federal Bureau of Investigation. He must be barred forever from any form of public service.

In the last 10 days, Comey has whipsawed the election for president of the United States. Now we know he did it for no reason. When his agents found information that suggested there were emails on a laptop that might have relevance to the investigation of Hillary Clinton and her email servers, Comey did not wait until he knew even a scintilla of information before announcing it to the world. Reasonably, lots of voters assumed there must be a there there — who could imagine a person with the power of the FBI director would turn the election on its head for no particular reason, on the basis of nothing?

Then, Sunday, Comey handed down another missive from on high: Never mind. His agents had looked through the emails and decided they were piffle. His majesty, the FBI director, has not yet deigned to officially inform his subjects — the American people — whether the emails related to the Clinton case or what they were. (However, people involved in the case tell Newsweek that almost all of them were duplicates of what the bureau already had or were personal.) He just said “nothing to see here” and waived us on our way. [Continue reading…]

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From the outset of this FBI inquiry, because of the email accounts involved, the conclusion was already clear

Newsweek reports: The night of the disclosure [Oct 28], Newsweek reported that the emails were from as many as three accounts — one through Yahoo, one on the domain clintonemail.com, and one from an account Abedin used in support of one of Weiner’s campaigns for office. Last week, Newsweek learned that that account was through Gmail. In other words, Abedin’s personal account provided by the State Department for non-classified emails was not involved. Abedin, who did not know Clinton used a private server for her emails, told the bureau in an April interview that she used the account on the clintonemail.com domain only for issues related to the secretary’s personal affairs, such as communicating with her friends. For work-related records, Abedin primarily used the email account provided to her by the State Department.

From the information obtained that first day by Newsweek, it was already clear that, because of the accounts involved, almost all of the documents were going to be duplicates or personal emails. In other words, from the opening moments of this inquiry, there were people in government who already knew what the outcome of this new FBI effort would be, yet it took the bureau another nine days to confirm those details. [Continue reading…]

Time reports: For the last 10 days, the cloud of a renewed investigation hung over Clinton and her campaign as FBI agents scoured yet more emails looking at whether Clinton had committed a crime via BlackBerry. The FBI decided, yet again, that she had not. “Based on our review, we have not changed our conclusions that we expressed in July with respect to Secretary Clinton,” Comey wrote.

But damage was done by Comey’s unprecedented disclosure that they were even going back to the matter in the first place. Clinton’s poll numbers in many states sank, and some of her supporters found themselves again questioning Clinton’s honesty. The October Surprise that fizzled may have had a lasting effect on the election: Voters in many states were already casting early ballots informed by little more than speculation at that point. [Continue reading…]

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The FBI looks like Trump’s America

Politico reports: The typical Federal Bureau of Investigation special agent is white, male, and middle-aged, often with a military background — in short, drawn from the segment of the U.S. population most likely to support GOP nominee Donald Trump.

That demographic reality explains much of the heat FBI Director James Comey is taking from his own work force at the moment for his handling of the Hillary Clinton email investigation and inquiries into the Clinton Foundation.

Days before the presidential election, FBI finds itself at the center of a political maelstrom, with Comey being sharply criticized by Democratic presidential nominee Hillary Clinton and even President Barack Obama, who’ve faulted the FBI director for going public with word of new evidence in the Clinton email probe.

That furor has exposed dissension in the FBI’s ranks, prompting a flurry of leaks about alleged efforts to impede the Clinton-related inquiries and exposing lingering anger among agents about Comey’s July decision not to recommend any charges in the email probe.

Incendiary, politically charged remarks from former FBI officials — with one prominent ex-FBI leader publicly calling the Clintons a “crime family” — are also endangering the law enforcement agency’s reputation for sober, nonpartisan investigation.

Largely overlooked in the imbroglio is how the fact that the FBI doesn’t look much like America is complicating Comey’s effort to extricate himself and his agency from the political firestorm.

According to numbers from August, 67 percent of FBI agents are white men. Fewer than 20 percent are women. The number of African-American agents hovers around 4.5 percent, with Asian-Americans about the same and Latinos at about 6.5 percent.

If Trump were running for president with an electorate that looked like that, he’d win in a landslide. [Continue reading…]

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FBI examining fake documents targeting Clinton campaign; intelligence warning on fictional evidence of voter fraud

Reuters reports: The FBI and U.S. intelligence agencies are examining faked documents aimed at discrediting the Hillary Clinton campaign as part of a broader investigation into what U.S. officials believe has been an attempt by Russia to disrupt the presidential election, people with knowledge of the matter said.

U.S. Senator Tom Carper, a Democrat on the Senate Homeland Security Committee, has referred one of the documents to the FBI for investigation on the grounds that his name and stationery were forged to appear authentic, some of the sources who had knowledge of that discussion said.

In the letter identified as fake, Carper is quoted as writing to Clinton, “We will not let you lose this election,” a person who saw the document told Reuters.

The fake Carper letter, which was described to Reuters, is one of several documents presented to the Federal Bureau of Investigation and the U.S. Department of Justice for review in recent weeks, the sources said.

A spokeswoman for Carper declined to comment.

As part of an investigation into suspected Russian hacking, FBI investigators have also asked Democratic Party officials to provide copies of other suspected faked documents that have been circulating along with emails and other legitimate documents taken in the hack, people involved in those conversations said.

A spokesman for the FBI confirmed the agency was “in receipt of a complaint about an alleged fake letter” related to the election but declined further comment. Others with knowledge of the matter said the FBI was also examining other fake documents that recently surfaced.

U.S. intelligence officials have warned privately that a campaign they believe is backed by the Russian government to undermine the credibility of the U.S. presidential election could move beyond the hacking of Democratic Party email systems. That could include posting fictional evidence of voter fraud or other disinformation in the run-up to voting on Nov. 8, U.S. officials have said. [Continue reading…]

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‘The FBI is Trumpland’: Anti-Clinton atmosphere spurred leaks, sources say

The Guardian reports: Deep antipathy to Hillary Clinton exists within the FBI, multiple bureau sources have told the Guardian, spurring a rapid series of leaks damaging to her campaign just days before the election.

Current and former FBI officials, none of whom were willing or cleared to speak on the record, have described a chaotic internal climate that resulted from outrage over director James Comey’s July decision not to recommend an indictment over Clinton’s maintenance of a private email server on which classified information transited.

“The FBI is Trumpland,” said one current agent.

This atmosphere raises major questions about how Comey and the bureau he is slated to run for the next seven years can work with Clinton should she win the White House.

The currently serving FBI agent said Clinton is “the antichrist personified to a large swath of FBI personnel,” and that “the reason why they’re leaking is they’re pro-Trump.”

The agent called the bureau “Trumplandia”, with some colleagues openly discussing voting for a GOP nominee who has garnered unprecedented condemnation from the party’s national security wing and who has pledged to jail Clinton if elected.

At the same time, other sources dispute the depth of support for Trump within the bureau, though they uniformly stated that Clinton is viewed highly unfavorably. [Continue reading…]

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How divisions inside the FBI will persist after the election

The Washington Post reports: Deep divisions inside the FBI and the Justice Department over how to handle investigations dealing with Hillary Clinton will probably fester even after Tuesday’s presidential election and pose a significant test for James B. Comey’s leadership of the nation’s chief law enforcement agency.

The internal dissension has exploded into public view recently with leaks to reporters about a feud over the Clinton Foundation, an extraordinary airing of the agency’s infighting that comes as the bureau deals with an ongoing threat of terror at home and a newly aggressive posture from Russia.

Comey, meanwhile, has come under direct fire for his decision to tell Congress that agents were resuming their investigation of Clinton’s use of a private email server — a revelation that put him at odds with his Justice Department bosses and influenced the presidential campaign.

“He’s got to get control of the ship again,” said Robert Anderson, a former senior official in the FBI who considers Comey a friend. “There’s a lot of tension in the organization, and there’s a lot of tension in Congress and the Senate right now, and all that counts toward how much people trust the FBI.” [Continue reading…]

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FBI launches investigation on its own use of Twitter

ThinkProgress reports: The FBI has launched an internal investigation into one of its own Twitter accounts.
The account at issue, @FBIRecordsVault, had been dormant for more than a year. Then on October 30 at 4 a.m., the account released a flood of documents, including one describing Donald Trump’s father Fred Trump as a “philanthropist.”


But it wasn’t until two days later, when the account tweeted documents regarding President Clinton’s controversial pardon of Marc Rich that the account began to attract significant attention.


The account has not been active since that tweet.
ThinkProgress has learned that the FBI’s Inspection Division will undertake an investigation of the account. [Continue reading…]

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FBI email disclosure broke a pattern followed even this summer

The New York Times reports: The F.B.I. and Justice Department faced a hard decision in two investigations this past summer that had the potential to rock the presidential election. The first case involved Donald J. Trump’s campaign chairman, Paul Manafort, and secretive business dealings in Ukraine. The second focused on Hillary Clinton’s relationships with donors to her family foundation.

At the urging of the Justice Department, the F.B.I. agreed not to issue subpoenas or take other steps that would make the cases public so close to the election, according to federal law enforcement officials.

Against this backdrop, the decision of the F.B.I. director, James B. Comey, to send a letter to Congress last week about a renewed inquiry concerning Mrs. Clinton’s emails is not just a departure from longstanding policy; it has plunged the F.B.I. and the Justice Department directly into the election, precisely what Justice officials were trying to avoid.

Mr. Comey’s letter, which he sent over the objections of the Justice Department, stirred outrage across party lines. It unleashed a torrent of news that laid bare the government’s internal deliberations and exposed the infighting and occasional mistrust between rank-and-file F.B.I. agents and senior department officials.

Since Mr. Comey’s revelation, the F.B.I. has hurried to analyze a cache of emails belonging to one of Mrs. Clinton’s aides, Huma Abedin. It is increasingly unlikely that the review will be complete by Election Day, F.B.I. officials said, although they said there was a chance they could offer updates before Nov. 8.

The mood at the F.B.I. is dark, and nobody is willing to predict what the coming days will bring, particularly if agents and analysts do not complete their review of Ms. Abedin’s emails by Election Day. Officials said it would take something extraordinary to change the conclusion that nobody should be charged. But the absence of information has allowed festering speculation that the emails must be significant. [Continue reading…]

ThinkProgress reports: Tuesday afternoon, the FBI Records Vault Twitter account abruptly shared records “from the FBI’s files related to the William J. Clinton Foundation” on Twitter. The 129 pages of heavily redacted documents appear to pertain mostly to “a 2001 FBI investigation into the pardon of Marc Rich,” which was closed in 2005 without any finding of wrongdoing.

Though some of the records portray Bill Clinton in a less than flattering light, the documents released Tuesday reportedly contain little new information. Eyebrows were raised, however, by the Bureau’s decision to share them just seven days before Election Day and at the same time controversy is swirling around FBI Director James Comey’s decision to resurrect the Hillary Clinton email case. (Though he was appointed by President Obama, Comey told Congress this summer that he has been a registered Republican “for most of his adult life.”) [Continue reading…]

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FBI’s Comey opposed naming Russians, citing election timing

CNBC reports: FBI Director James Comey argued privately that it was too close to Election Day for the United States government to name Russia as meddling in the U.S. election and ultimately ensured that the FBI’s name was not on the document that the U.S. government put out, a former bureau official tells CNBC.

The official said some government insiders are perplexed as to why Comey would have election timing concerns with the Russian disclosure but not with the Huma Abedin email discovery disclosure he made Friday.

In the end, the Department of Homeland Security and The Office of the Director of National Intelligence issued the statement on Oct. 7, saying: “The U.S. intelligence community is confident that the Russian Government directed the recent compromises of emails from U.S. persons and institutions, including from U.S. political organizations. … These thefts and disclosures are intended to interfere with the U.S. election process.”

An FBI spokesperson declined to comment on Comey’s role in the decision-making surrounding the Oct. 7 statement.

According to the former official, Comey agreed with the conclusion the intelligence community came to: “A foreign power was trying to undermine the election. He believed it to be true, but was against putting it out before the election.” Comey’s position, this official said, was “if it is said, it shouldn’t come from the FBI, which as you’ll recall it did not.”
Comey took a different approach toward releasing information about the discovery of emails on a laptop that was used by former congressman Anthony Weiner and his estranged wife Huma Abedin, the official said.

“By doing a press conference, and personally testifying and giving his opinion about the conduct, he made this about James Comey and his credibility,” the official said. “You can see why he did it, from his perspective, once he had had that press conference.”

The official said FBI investigators can get a “preliminary read” of the newly discovered emails within a couple of days and come to an initial conclusion about whether there is classified material in the files. “The questions is whether they will decide to share that read or not,” the official said. “Normally in the FBI we would not, but we’re not in normal land anymore.” [Continue reading…]

The Washington Post reports: In December 2014, it was the FBI that publicly pointed the finger at North Korea for hacking Sony Pictures Entertainment and damaging its computers. That was because the attribution to Pyongyang was based on the FBI investigation, said a senior administration official. In the Russian case, the attribution was based on a fusion of intelligence from intelligence agencies, the bureau and private-sector cyber experts, the official said. “So it made sense that the people who were responsible for integrating all of that information” — the ODNI — should be part of the announcement, he said.

DHS joined the attribution because it is the agency responsible for working with state and local governments in protecting election systems.

The announcement did not mention the White House, which also had been very concerned about appearing to influence the election. [Continue reading…]

Not that Barack and Michelle Obama’s speeches at Hillary Clinton campaign rallies might create such an appearance… I guess they just tell their staffers they’ll be out on golfing or shopping excursions, but just by chance, along the way, happen to find themselves behind a podium or a few.

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Investigating Donald Trump, FBI has yet to uncover clear link to Russia

The New York Times reports: For much of the summer, the F.B.I. pursued a widening investigation into a Russian role in the American presidential campaign. Agents scrutinized advisers close to Donald J. Trump, looked for financial connections with Russian financial figures, searched for those involved in hacking the computers of Democrats, and even chased a lead — which they ultimately came to doubt — about a possible secret channel of email communication from the Trump Organization to a Russian bank.

Law enforcement officials say that none of the investigations so far have found any conclusive or direct link between Mr. Trump and the Russian government. And even the hacking into Democratic emails, F.B.I. and intelligence officials now believe, was aimed at disrupting the presidential election rather than electing Mr. Trump.

Hillary Clinton’s supporters, angry over what they regard as a lack of scrutiny of Mr. Trump by law enforcement officials, pushed for these investigations. In recent days they have also demanded that James B. Comey, the director of the F.B.I., discuss them publicly, as he did last week when he announced that a new batch of emails possibly connected to Mrs. Clinton had been discovered.

Supporters of Mrs. Clinton have argued that Mr. Trump’s evident affinity for Russia’s president, Vladimir V. Putin — Mr. Trump has called him a great leader and echoed his policies toward NATO, Ukraine and the war in Syria — and the hacks of leading Democrats like John D. Podesta, the chairman of the Clinton campaign, are clear indications that Russia has taken sides in the presidential race and that voters should know what the F.B.I. has found.

The F.B.I.’s inquiries into Russia’s possible role continue, as does the investigation into the emails involving Mrs. Clinton’s top aide, Huma Abedin, on a computer she shared with her estranged husband, Anthony D. Weiner. Mrs. Clinton’s supporters argue that voters have as much right to know what the F.B.I. has found in Mr. Trump’s case, even if the findings are not yet conclusive. [Continue reading…]

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Blackmail: Russia has been cultivating Trump for at least 5 years says a former senior intelligence officer

Mother Jones reports: a former senior intelligence officer for a Western country who specialized in Russian counterintelligence tells Mother Jones that in recent months he provided the [FBI] with memos, based on his recent interactions with Russian sources, contending the Russian government has for years tried to co-opt and assist Trump — and that the FBI requested more information from him.

Does this mean the FBI is investigating whether Russian intelligence has attempted to develop a secret relationship with Trump or cultivate him as an asset? Was the former intelligence officer and his material deemed credible or not? An FBI spokeswoman says, “Normally, we don’t talk about whether we are investigating anything.” But a senior US government official not involved in this case but familiar with the former spy tells Mother Jones that he has been a credible source with a proven record of providing reliable, sensitive, and important information to the US government.

In June, the former Western intelligence officer — who spent almost two decades on Russian intelligence matters and who now works with a US firm that gathers information on Russia for corporate clients — was assigned the task of researching Trump’s dealings in Russia and elsewhere, according to the former spy and his associates in this American firm. This was for an opposition research project originally financed by a Republican client critical of the celebrity mogul. (Before the former spy was retained, the project’s financing switched to a client allied with Democrats.) “It started off as a fairly general inquiry,” says the former spook, who asks not to be identified. But when he dug into Trump, he notes, he came across troubling information indicating connections between Trump and the Russian government. According to his sources, he says, “there was an established exchange of information between the Trump campaign and the Kremlin of mutual benefit.”

This was, the former spy remarks, “an extraordinary situation.” He regularly consults with US government agencies on Russian matters, and near the start of July on his own initiative — without the permission of the US company that hired him — he sent a report he had written for that firm to a contact at the FBI, according to the former intelligence officer and his American associates, who asked not to be identified. (He declines to identify the FBI contact.) The former spy says he concluded that the information he had collected on Trump was “sufficiently serious” to share with the FBI.

Mother Jones has reviewed that report and other memos this former spy wrote. The first memo, based on the former intelligence officer’s conversations with Russian sources, noted, “Russian regime has been cultivating, supporting and assisting TRUMP for at least 5 years. Aim, endorsed by PUTIN, has been to encourage splits and divisions in western alliance.” It maintained that Trump “and his inner circle have accepted a regular flow of intelligence from the Kremlin, including on his Democratic and other political rivals.” It claimed that Russian intelligence had “compromised” Trump during his visits to Moscow and could “blackmail him.” [Continue reading…]

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The uninformed public speculation that might tilt this election

Donald Trump’s election campaign has been fueled, more than anything else, by prejudice — the willingness of his supporters to reach conclusions unsupported by evidence.

Yesterday, in New Mexico, Trump claimed that if Hillary Clinton becomes president the population of the United States could triple in size in one week and grow from 325 million to 975 million!

“Think of it,” Trump said, but as the crowd booed there was little evidence that anyone in front of him was indeed thinking about what he’d just said. Some thought should have produced derisory laughter in response to such an absurd statement.

If 650 million peopled poured across the U.S. borders, this would amount to the largest migration in human history. This would be like every single person in Canada, Mexico, Central America, the Caribbean, and South America all arriving in the U.S. — in the space of seven days.

Think of it!

Actually, it’s a bit difficult for anyone to think of it unless they are willing to indulge in an idle flight of fantasy.

What Trump was doing yesterday is what he been doing throughout his campaign: attempting to bypass all meaningful processes of thought and connect with the reptilian brain, animated as it is by archaic forces of fear and aggression. When Trump says think, what he’s really saying is be afraid, very afraid.

* * *

The daily drama of politics, in the age of Wikileaks and beyond the long shadow of Watergate, is repeatedly invigorated by the promise of revelations.

Since Watergate involved the mother of all cover-ups, any claim that something has been “discovered” comes charged with the implication that a discovery is the flip-side of a cover-up. What was meant to remain secret has now become known.

But when FBI Director James Comey wrote to Congress to inform them “the FBI has learned of the existence of emails that appear to be pertinent to the investigation [of Clinton’s personal email server]” nothing of substance had been uncovered.

At this point, all that is known is that a computer used by former Rep. Anthony Weiner (aka Carlos Danger) contained some emails connected to Clinton aide, Huma Abedin.

It has been reported that there are 650,000 emails, without any specifics about who they were written to and received by or when they were sent. The Wall Street Journal reports, “underlying metadata suggests thousands of those messages could have been sent to or from the private server that Mrs. Clinton used while she was secretary of state, according to people familiar with the matter.” Yet it was not until this weekend that the FBI received a court order allowing them to begin reviewing the emails.

If when Comey wrote to Congress, he and those under him had been complying with the law, at that time no one in the FBI had looked at a single of the thousands of emails in question.

When anonymous sources leaked the seemingly hard fact that there are 650,000 emails involved, they were leaking a hard number that again obscures its lack of substance. We don’t know whether hundreds of thousands or hundreds or just a handful are connected to Abedin.

Comey was like a firefighter who runs into a crowded shopping mall and shouts: “There might be a fire. But don’t panic. There might be some smoke — but it could just be steam.”

In his confession to FBI employees he wrote: “I don’t want to create a misleading impression,” but admitted, “there is significant risk of being misunderstood…” Indeed.

Which is why Comey has now been admonished by former Attorney General Eric H. Holder, along with close to 100 other former Department of Justice officials, who in an open letter conclude:

We believe that adherence to longstanding Justice Department guidelines is the best practice when considering public statements on investigative matters. We do not question Director Comey’s motives. However, the fact remains that the Director’s disclosure has invited considerable, uninformed public speculation about the significance of newly-discovered material just days before a national election. For this reason, we believe the American people deserve all the facts, and fairness dictates releasing information that provides a full and complete picture regarding the material at issue.

Given the fact that in the remaining days before the election it is reasonable to assume that a full and complete picture will not and cannot be presented, it is also reasonable to assume that uninformed public speculation on the issue will continue without interruption.

And that should suit Donald Trump just fine.

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Sen. Harry Reid says FBI possesses ‘explosive information about close ties and coordination’ between Trump and Russian government

The Washington Post reports: In a letter to FBI Director James B. Comey on Sunday night, outgoing Senate Minority Leader Harry M. Reid (D-Nev.) says Comey may have broken the law.

And that’s not even the most brazen claim in the letter — not by a long shot.

In the course of arguing that Comey’s disclosure that the FBI is looking into new Hillary Clinton investigation emails may have violated the Hatch Act, Reid slips in an extremely bold claim about the Trump campaign and the Russian government.

In my communications with you and other top officials in the national security community, it has become clear that you possess explosive information about close ties and coordination between Donald Trump, his top advisors, and the Russian government — a foreign interest openly hostile to the United States, which Trump praises at every opportunity. The public has a right to know this information. I wrote to you months ago calling for this information to be released to the public. There is no danger to American interests from releasing it. And yet, you continue to resist calls to inform the public of this critical information.

Even for a man known for bare-knuckle politics, this is remarkable.

Reid is saying that he has been told the FBI has evidence of possible collusion between the Trump campaign and the Russian government. And he’s not just saying this information came from mysterious and unnamed national security officials; he’s saying Comey himself has left him with this impression. [Continue reading…]

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On Clinton emails, did the FBI Director abuse his power?

Richard W Painter writes: The F.B.I. is currently investigating the hacking of Americans’ computers by foreign governments. Russia is a prime suspect.

Imagine a possible connection between a candidate for president in the United States and the Russian computer hacking. Imagine the candidate has business dealings in Russia, and has publicly encouraged the Russians to hack the email of his opponent. It would not be surprising for the F.B.I. to include this candidate and his campaign staff in its confidential investigation of Russian computer hacking.

But it would be highly improper, and an abuse of power, for the F.B.I. to conduct such an investigation in the public eye, particularly on the eve of the election. It would be an abuse of power for the director of the F.B.I., absent compelling circumstances, to notify members of Congress that the candidate was under investigation. It would be an abuse of power if F.B.I. agents went so far as to obtain a search warrant and raid the candidate’s office tower, hauling out boxes of documents and computers in front of television cameras.

The F.B.I.’s job is to investigate, not to influence the outcome of an election.

Such acts could also be prohibited under the Hatch Act, which bars the use of an official position to influence an election. That is why the F.B.I. presumably would keep those aspects of an investigation confidential until after the election. The usual penalty for a violation is termination of federal employment.

That is why, on Saturday, I filed a complaint against the F.B.I. with the Office of Special Counsel, which investigates Hatch Act violations, and with the Office of Government Ethics. I spent much of my career working on government and lawyers’ ethics, including as the chief White House ethics lawyer for George W. Bush. I never thought that the F.B.I. could be dragged into a political circus surrounding one of its investigations. Until this week. [Continue reading…]

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