Category Archives: US government

Senate Intelligence Committee subpoenas Flynn

Politico reports: The Senate Intelligence Committee has subpoenaed any Russia-related documents from former national security adviser Michael Flynn for its continuing probe into the Kremlin’s efforts to manipulate the 2016 election.

The legal order, announced by the panel’s bipartisan leaders Sens. Richard Burr (R-N.C.) and Mark Warner (R-Va.), went out Wednesday after Flynn’s attorneys informed the panel they would not cooperate with the probe unless the embattled former general was granted immunity, a congressional source told POLITICO.

Flynn had been asked, along with a spate of other former and current Trump associates, at the end of last month to provide the Intelligence Committee with any documents potentially related to the panel’s Russia probe. The investigation is examining, among other questions, whether Flynn or other Trump associates had improper contact with the Russian government throughout the course of the campaign or the transition period. [Continue reading…]

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Days before firing, Comey asked for more resources for Russia inquiry

The New York Times reports: Days before he was fired, James B. Comey, the former F.B.I. director, asked the Justice Department for a significant increase in resources for the bureau’s investigation into Russia’s interference in the presidential election, according to four congressional officials, including Senator Richard J. Durbin.

Mr. Comey made his appeal to Rod J. Rosenstein, the deputy attorney general, who also wrote the Justice Department’s memo that was used to justify the firing of Mr. Comey this week, the officials said.

“I’m told that as soon as Rosenstein arrived, there was a request for additional resources for the investigation and that a few days afterwards, he was sacked,” said Mr. Durbin, a Democrat of Illinois. “I think the Comey operation was breathing down the neck of the Trump campaign and their operatives, and this was an effort to slow down the investigation.” [Continue reading…]

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After Comey, here are the options for an independent Russia inquiry

The New York Times reports: President Trump’s firing of the F.B.I. director, James B. Comey, on Tuesday escalated calls among Democrats to appoint a special counsel to oversee the investigation into the Trump campaign’s contacts with Russia, especially given Russian interference in the 2016 election.

Deputy Attorney General Rod J. Rosenstein, who is overseeing that investigation, was also the face of Mr. Trump’s decision to fire Mr. Comey: The administration released a lengthy memo from Mr. Rosenstein recommending that Mr. Comey be removed, citing the way he handled the investigation into Hillary Clinton’s use of a private email server while secretary of state.

Late on Tuesday, Senator Patrick J. Leahy, Democrat of Vermont, said Mr. Rosenstein “now has no choice but to appoint a special counsel.”

“His integrity, and the integrity of the entire Justice Department, are at stake,” Mr. Leahy continued.

Senator Mark Warner of Virginia, the top Democrat on the Intelligence Committee, which is also investigating the Trump-Russia question, called it “deeply troubling” that Mr. Trump had fired Mr. Comey during an active counterintelligence investigation. He said the move had made it “clear to me that a special counsel also must be appointed.”

The developments have heightened interest in several related legal issues. [Continue reading…]

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By firing James Comey, Trump has put impeachment on the table

Matthew Yglesias writes: The old saw that the cover-up is worse than the crime often obscures more than it reveals. But in the case of President Donald Trump’s firing of FBI Director James Comey, it carries an important element of truth. It escalates the administration’s Russia scandal, and, for the first time, provides indications of impeachable offenses.

Nothing we’ve seen credibly reported thus far about Trump and Russia would amount to an impeachable offense, and indeed, it’s not really clear what allegations of “collusion” on the campaign trail would really amount to even if proven.

Firing the FBI director in order to obstruct an ongoing investigation would be different.

That obstruction charge is, of course, unproven as of Wednesday afternoon. But the probable cause is everywhere. And it makes a sham of the notion that replacing Comey with a well-qualified director or continuing with existing congressional inquiries is a sufficient remedy. [Continue reading…]

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In win for environmentalists, Senate keeps an Obama-era climate change rule

The New York Times reports: In a surprising victory for President Barack Obama’s environmental legacy, the Senate voted on Wednesday to uphold an Obama-era climate change regulation to control the release of methane from oil and gas wells on public land.

Senators voted 51 to 49 to block consideration of a resolution to repeal the 2016 Interior Department rule to curb emissions of methane, a powerful planet-warming greenhouse gas. Senators John McCain of Arizona, Lindsey Graham of South Carolina and Susan Collins of Maine, all Republicans who have expressed concern about climate change and backed legislation to tackle the issue, broke with their party to join Democrats and defeat the resolution.

The vote also marked the first, and probably the only, defeat of a stream of resolutions over the last four months — pursued through the once-obscure Congressional Review Act — to unwind regulations approved late in the Obama administration.

In anticipation of Republican defections, President Trump sent Vice President Mike Pence to the Senate floor to break a tie vote. But with three members of his own party breaking away, Mr. Pence stood aside.

“We were surprised and thrilled to win on this,” said Tiernan Sittenfeld, senior vice president of the League of Conservation Voters, which, along with other environmental groups, has been lobbying Republicans for weeks to vote against the repeal of the methane rule. “This is clearly a huge win for our health and our climate.” [Continue reading…]

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Grand jury subpoenas issued in FBI’s Russia investigation

CNN reports: Federal prosecutors have issued grand jury subpoenas to associates of former National Security Advisor Michael Flynn seeking business records, as part of the ongoing probe of Russian meddling in last year’s election, according to people familiar with the matter. CNN learned of the subpoenas hours before President Donald Trump fired FBI director James Comey.

The subpoenas represent the first sign of a significant escalation of activity in the FBI’s broader investigation begun last July into possible ties between Trump campaign associates and Russia.

The subpoenas issued in recent weeks by the US Attorney’s Office in Alexandria, Virginia, were received by associates who worked with Flynn on contracts after he was forced out as director of the Defense Intelligence Agency in 2014, according to the people familiar with the investigation.

Robert Kelner, an attorney for Flynn, declined to comment. The US Attorney’s Office in Alexandria, the Justice Department and the FBI also declined to comment.

Investigators have been looking into possible wrongdoing in how Flynn handled disclosures about payments from clients tied to foreign governments including Russia and Turkey, US officials briefed on the matter have told CNN. [Continue reading…]

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Whoever replaces Comey needs to satisfy Deputy Attorney General Rod Rosenstein

This is just my opinion, but the widely expressed view that Trump fired Comey in order to shut down the Russia investigation seems to overstate Comey’s role in an investigation that in his absence still proceeds.

The reports of Trump screaming at television coverage of the investigation, do not suggest that he is in the midst of a carefully crafted cover-up.

Most importantly, having publicly deferred to the judgement of Deputy Attorney General Rod Rosenstein — as did Attorney General Jeff Sessions — Trump has effectively handed a veto to Rosenstein when it comes to the choice of Comey’s replacement.

By all appearances, Rosenstein’s allegiances are strictly constitutional and institutional. If Trump’s choice for a new FBI director appears tainted in any way and if this is not an individual of unquestionable independence and integrity, it seems reasonable to expect that Rosenstein will be shooting off another memo.

Who knows? If he objects to Trump’s choice, maybe Rosenstein would even have the guts to do something virtually unheard of in this era: resign on a matter of principle.

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Former top official cited in DoJ’s Comey memo calls firing a ‘sham’

BuzzFeed reports: A former top Justice Department official whose criticism of FBI Director James Comey was quoted in a DOJ memo offering reasons for Comey’s dismissal on Tuesday told BuzzFeed News that he believed the firing was a “sham.”

Donald Ayer, who served as the deputy attorney general under President George H.W. Bush, has been critical of how Comey handled the investigation into Hillary Clinton’s use of a private email server when she was Secretary of State. In a memo to Attorney General Jeff Sessions on Tuesday recommending Comey’s dismissal, current Deputy Attorney General Rod Rosenstein quoted from a letter that Ayer signed last year expressing concerns about Comey’s actions.

But in an email to BuzzFeed after news of the firing broke late Tuesday, Ayer said that Rosenstein “should realize that his correct assessment of those mistakes is now being used to justify [Comey’s] firing for a very different reason.”

“I view the firing based it seems entirely on Comey’s mishandling of the Clinton investigation by making various inappropriate public statements as a sham,” Ayer wrote. “At the time, Mr. Trump was supportive of the most incorrect things that Comey did – editorializing about the facts of the then ended investigation and later announcing that the investigation had been reopened.”

Asked to explain what he did believe was the reason that President Trump fired Comey, Ayer, now an attorney at the law firm Jones Day, replied, “I have nothing to add to what is known by all of us through the news reports.” Ayer said he was not available for further comment because he is trekking in Nepal. [Continue reading…]

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Trump screamed at television when watching clips on Russia investigation

Politico reports: President Donald Trump weighed firing his FBI director for more than a week. When he finally pulled the trigger Tuesday afternoon, he didn’t call James Comey. He sent his longtime private security guard to deliver the termination letter in a manila folder to FBI headquarters.

He had grown enraged by the Russia investigation, two advisers said, frustrated by his inability to control the mushrooming narrative around Russia. He repeatedly asked aides why the Russia investigation wouldn’t disappear and demanded they speak out for him. He would sometimes scream at television clips about the probe, one adviser said.

Trump’s firing of the high-profile FBI director on the 110th day since taking office marked another sudden turn for an administration that has fired its acting attorney general, national security adviser and now its FBI director, who Trump had praised until recent weeks and even blew a kiss to during a January appearance. [Continue reading…]

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In near darkness, among the bushes, Spicer struggles to explain why Trump fired Comey

The Washington Post reports: “Another Tuesday at the White House,” Sarah Huckabee Sanders quipped as she finished speaking on Fox News from its outdoor set, as the voice of Kellyanne Conway continued to banter with CNN’s Anderson Cooper from the next booth over.

After [White House press secretary Sean] Spicer spent several minutes hidden in the bushes behind these sets, Janet Montesi, an executive assistant in the press office, emerged and told reporters that Spicer would answer some questions, as long as he was not filmed doing so. Spicer then emerged.

“Just turn the lights off. Turn the lights off,” he ordered. “We’ll take care of this… Can you just turn that light off?”

Spicer got his wish and was soon standing in near darkness between two tall hedges, with more than a dozen reporters closely gathered around him. For 10 minutes, he responded to a flurry of questions, vacillating between light-hearted asides and clear frustration with getting the same questions over and over again.

The first question: Did the president direct Deputy Attorney General Rod J. Rosenstein to conduct a probe of FBI Director James B. Comey?

As Spicer tells it, Rosenstein was confirmed about two weeks ago and independently took on this issue so the president was not aware of the probe until he received a memo from Rosenstein on Tuesday, along with a letter from Attorney General Jeff Sessions recommending that Comey be fired. The president then swiftly decided to follow the recommendation, notifying the FBI via e-mail around 5 p.m. and in a letter delivered to the FBI by the president’s longtime bodyguard. At the same time, the president personally called congressional leaders to let them know his decision. Comey learned the news from media reports.

“It was all him,” Spicer said of Rosenstein, as a reporter repeated his answer back to him. “That’s correct — I mean, I can’t, I guess I shouldn’t say that, thank you for the help on that one. No one from the White House. That was a DOJ decision.”

The news Tuesday was surprising for a number of reasons, especially since the president once delighted in Comey’s investigation of Democrat Hillary Clinton’s use of a private email server — an investigation that is now at the heart of Trump’s explanation for firing Comey. Some have then wondered aloud if the president is instead trying to punish Comey for investigating ties between his campaign and Russia.

When pressed on this, Spicer would put forth Rosenstein’s resume: A prosecutor with more than 30 years of experience who served as a U.S. Attorney during the Obama administration and was overwhelmingly confirmed for his new position as deputy attorney general by Congress.

Spicer said he’s not aware of any of Rosenstein’s superiors who might have directed him to do this — although he then said that such questions should be directed to Justice officials, not him. Spicer did a lot of referring.

Was Sessions involved? “That’s something you should ask the Department of Justice,” Spicer said.

Was Rosenstein’s probe part of a larger review of the FBI? “That’s, again, a question that you should ask the Department of Justice,” he said.

Did the president discuss Rosenstein’s findings with Rosenstein? “No, I don’t believe, I don’t know how that sequence went — I don’t know,” he said.

What was the president’s role? “Again, I have to get back to you on the tick-tock,” he said.

When’s the last time Trump and Comey spoke? “Uh, I don’t know. I don’t know. There’s some — I don’t know. I don’t know,” he said.

What were the three occasions on which the president says Comey assured him that he was not under investigation? “I don’t — we can follow — I can try, yeah,” he said.

How long did the president deliberate? “I don’t, I don’t… I can look at the tick-tock. I know that he was presented with that today. I’m not sure what time,” he said.

Why wasn’t Comey given the news in a personal phone call? “I think we delivered it by hand and by email and that was — and I get it, but you asked me a question and that’s the answer,” he said.

Did Comey’s testimony last week — which contained inaccuracies — influence the decision? “You’d have to ask the Department of Justice. They’re the ones that made the recommendation,” he said.

Why didn’t the president do this months ago? “Again, I would refer you to the Department of Justice,” he said.

Does he know about grand-jury subpoenas that have reportedly been issued in an investigation involving Michael Flynn, Trump’s previous national security adviser? “I’m not — I’m not aware of any,” he said.

Is it true that the president will meet on Wednesday with Russian diplomat Sergey Viktorovich Lavrov? “We’ll see what the schedule says. I don’t — I just — I’ve been a little tied up.” [Continue reading…]

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Justice Department was ordered to find reasons for firing Comey; Trump now plans to meet Russian FM

The New York Times reports: Senior White House and Justice Department officials had been working on building a case against Mr. Comey since at least last week, according to administration officials. Attorney General Jeff Sessions had been charged with coming up with reasons to fire him, the officials said. [Continue reading…]

The Hill reports: The White House circulated negative press clippings on FBI Director James Comey minutes after announcing his firing Tuesday evening.

The one-page sheet circulated by the White House contained four stories, most of them about Democrats criticizing Comey’s decision to disclose developments in the investigation into Democratic presidential nominee Hillary Clinton’s use of a private email server.

One of the clips was a Wall Street Journal editorial calling for Comey’s resignation because “he has lost the trust of nearly everyone in Washington, along with every American who believes the FBI must maintain its reputation as a politically impartial federal agency.” [Continue reading…]

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Trump fires Comey, the one man who would stand up to him

Benjamin Wittes and Susan Hennessey write: Make no mistake: The firing of James Comey as FBI director is a stunning event. It is a profoundly dangerous thing—a move that puts the Trump-Russia investigation in immediate jeopardy and removes from the investigative hierarchy the one senior official whom President Trump did not appoint and one who is known to stand up to power. One of the biggest dangers of Comey’s firing is that Trump might actually get away with it, ironically, because of Comey’s unpopularity among Democrats and on the political left.

We warned about this danger immediately after the election.

On November 10, we wrote that that Trump’s firing of Comey would be a “a clear bellwether to both the national security and civil libertarian communities that things are going terribly wrong.” At the time we wrote those words, Comey was deeply unpopular with both the Left, which blamed Hillary Clinton’s defeat on his eleventh hour letter to Congress, and the Right, which criticized his decision to recommend that Clinton not be charged over her handling of government emails. Whatever the merit of Comey’s actions during the campaign, the fact that he managed to anger both sides of the political spectrum demonstrated his storied political independence. And that political independence, we argued, would serve as a critical check against any efforts on the part of President Trump to trample the rule of law.

The FBI Director serves a ten-year term precisely in order to insulate against the whims of a President who does not like what—or whom—the FBI is investigating. While the President has legal authority to fire an FBI director, the fact that Trump has done so under circumstances of an active FBI investigation of the President’s own campaign violates profoundly important norms of an independent, non-political FBI. The situation has no parallel with the only previous FBI director to be removed by a president: President Clinton’s firing of William Sessions, whose ethical misconduct was so extensive that it resulted in a six-month Justice Department investigation an a blistering 161-page report detailing his illicit activities, including flagrant misuse of public funds. Trump’s firing Comey at a time when Comey is investigating Russian intervention in the election on Trump’s behalf and the specific conduct of a number of people close to Trump undermines the credibility of his own presidency. And it deeply threatens the integrity of and public confidence in ongoing law enforcement and intelligence operations. [Continue reading…]

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In Trump’s firing of James Comey, echoes of Watergate

The New York Times reports: In dramatically casting aside James B. Comey, President Trump fired the man who may have helped make him president — and the man who potentially most threatened the future of his presidency.

Not since Watergate has a president dismissed the person leading an investigation bearing on him, and Mr. Trump’s decision late Tuesday afternoon drew instant comparisons to the Saturday Night Massacre when President Richard M. Nixon ordered the firing of Archibald Cox, the special prosecutor looking into the so-called third-rate burglary that would eventually bring Nixon down.

In his letter informing Mr. Comey that he was terminated as F.B.I. director, Mr. Trump made a point of noting that Mr. Comey had three times told the president that he was not under investigation. But Mr. Comey has said publicly that the bureau is investigating Russia’s meddling in last year’s presidential election and whether any associates of Mr. Trump’s campaign were coordinating with Moscow.

While Mr. Trump said he acted on the recommendation of Attorney General Jeff Sessions, he had left little doubt about his personal feelings toward Mr. Comey or that Russia investigation in recent days. “Comey was the best thing that has ever happened to Hillary Clinton in that he gave her a free pass for her many bad deeds!” he wrote on Twitter a week ago.

“The Russia-Trump collusion story is a total hoax, when will this taxpayer funded charade end?” he added on Monday. [Continue reading…]

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Senate Russia investigators ask Treasury for Trump team financial information

CNN reports: Senate Russia investigators have sent a request to the Treasury Department’s criminal investigation division for any information related to President Donald Trump, his top officials and his campaign aides, the top Democrat on the Senate intelligence committee told CNN Tuesday.

“We’ve made a request, to FinCEN in the Treasury Department, to make sure, not just for example vis-a-vis the President, but just overall our effort to try to follow the intel no matter where it leads,” Sen. Mark Warner told CNN. “You get materials that show if there have been, what level of financial ties between, I mean some of the stuff, some of the Trump-related officials, Trump campaign-related officials and other officials and where those dollars flow — not necessarily from Russia.”

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FinCEN is the federal agency that has been investigating allegations of foreign money-laundering through purchases of US real estate. [Continue reading…]

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Here’s how easy it is to get Trump officials to click on a fake link in email

Gizmodo reports: Even technology experts can be insecure on the internet, as last week’s “Google Docs” phishing attack demonstrated. An array of Gmail users, including BuzzFeed tech reporter Joe Bernstein, readily handed over access to their email to a bogus app. Politicians should be especially wary of suspicious emails given recent events, yet a security test run by the Special Projects Desk found that a selection of key Trump Administration members and associates would click on a link from a fake address.

The Trump camp has talked a lot about cybersecurity—or “the cyber”—particularly to criticize Hillary Clinton for the risks posed by her private email server and to savor the damage done by hacks against the Democratic National Committee and Clinton campaign chairman John Podesta. Its own record, however, is less than sterling—in January, notably, after Trump named Rudolph Giuliani as a cybersecurity advisor, experts promptly discovered that the Giuliani Security corporate website was riddled with known vulnerabilities.

So, three weeks ago, Gizmodo Media Group’s Special Projects Desk launched a security preparedness test directed at Giuliani and 14 other people associated with the Trump Administration. We sent them an email that mimicked an invitation to view a spreadsheet in Google Docs. The emails came from the address security.test@gizmodomedia.com, but the sender name each one displayed was that of someone who might plausibly email the recipient, such as a colleague, friend, or family member.

The link in the document would take them to what looked like a Google sign-in page, asking them to submit their Google credentials. The url of the page included the word “test.” The page was not set up to actually record or retain the text of their passwords, just to register who had attempted to submit login information.

Some of the Trump Administration people completely ignored our email, the right move. But it appears that more than half the recipients clicked the link: Eight different unique devices visited the site, one of them multiple times. There’s no way to tell for sure if the recipients themselves did all the clicking (as opposed to, say, an IT specialist they’d forwarded it to), but seven of the connections occurred within 10 minutes of the emails being sent.

At least the recipients didn’t go farther. Our testing setup—which included disclaimers for careful readers at each step—did not induce anyone to go all the way and try to hand over their credentials.

Two of the people we reached—informal presidential advisor Newt Gingrich and FBI director James Comey—replied to the emails they’d gotten, apparently taking the sender’s identity at face value. Comey, apparently believing that he was writing to his friend, Lawfareblog.com editor-in-chief Ben Wittes, wrote: “Don’t want to open without care. What is it?” And Gingrich, apparently under the impression he was responding to an email from his wife, Callista, wrote: “What is this?”

In both cases, we didn’t respond. In an actual phishing attack, the replies could have given the sender a chance to more aggressively put their targets at ease and lure them in. [Continue reading…]

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Trump to arm Syrian Kurds, even as Turkey strongly objects

The New York Times reports: President Trump has approved a plan to provide Syrian Kurds with heavier weapons so they can participate in the battle to retake Raqqa from the Islamic State, the Pentagon said on Tuesday.

American military commanders have long argued for arming the Y.P.G., a Kurdish militia that contains some of the most experienced fighters among the Syrian force that is battling the Islamic State.

But Turkey has vociferously objected to such a move, insisting that the Kurdish fighters are linked with the Kurdistan Workers’ Party, or the P.K.K., which both it and the United States regard as a terrorist group.

President Recep Tayyip Erdogan of Turkey is scheduled to meet with Mr. Trump in Washington this month, and the American decision on arming the Kurds is likely to figure prominently in the discussion. Mr. Erdogan is expected to press Mr. Trump to give Turkey and the Syrian rebels it backs a bigger supporting role in the assault on Raqqa. [Continue reading…]

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On recommendation from Justice Department, Trump dismisses FBI Director Comey

The Washington Post reports: FBI Director James B. Comey has been dismissed by the president, according to White House spokesman Sean Spicer – a startling move that officials said stemmed from a conclusion by Justice Department officials that he had mishandled the probe of Hillary Clinton’s emails.

“The president has accepted the recommendation of the Attorney General and the deputy Attorney General regarding the dismissal of the director of the Federal Bureau of Investigation,” Spicer told reporters in the briefing room.

Spicer also said that Comey was “notified a short time ago.” This is effective “immediately,” he said.

Officials said Comey was fired because senior Justice Department officials concluded he had violated Justice Department principles and procedures by publicly discussing the investigation of Hillary Clinton’s use of private email. Just last week, President Trump publicly accused Comey of giving Clinton “a free pass for many bad deeds’’ when he decided not to recommend criminal charges in the case.

Officials released a Tuesday memo from the Deputy Attorney General, Rod Rosenstein, laying out the rationale behind Comey’s dismissal.

“The FBI’s reputation and credibility have suffered substantial damage, and it has affected the entire Department of Justice,’’ Rosenstein wrote. “I cannot defend the director’s handling of the conclusion of the investigation of Secretary Clinton’s emails, and I do not understand his refusal to accept the nearly universal judgment that he was mistaken. Almost everyone agrees that the director made serious mistakes; it is one of the few issues that unites people of diverse perspectives.’’

In a letter to Trump, Attorney General Jeff Sessions said that he agreed.

“I have concluded that a fresh start is needed at the leadership of the FBI,’’ Sessions wrote. “I must recommend that you remove Director James B. Comey, Jr. and identify an experienced and qualified individual to lead the great men and women of the FBI.’’ [Continue reading…]

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FBI Director Comey’s testimony on Huma Abedin forwarding Hillary Clinton’s emails was inaccurate

By Peter Elkind, special to ProPublica, May 8, 2017

FBI director James Comey generated national headlines last week with his dramatic testimony to the Senate Judiciary Committee, explaining his “incredibly painful” decision to go public about the Hillary Clinton emails found on Anthony Weiner’s laptop.

Perhaps Comey’s most surprising revelation was that Huma Abedin — Weiner’s wife and a top Clinton deputy — had made “a regular practice” of forwarding “hundreds and thousands” of Clinton messages to her husband, “some of which contain classified information.” Comey testified that Abedin had done this so that the disgraced former congressman could print them out for her boss. (Weiner’s laptop was seized after he came under criminal investigation for sex crimes, following a media report about his online relationship with a teenager.)

The New York Post plastered its story on the front page with a photo of an underwear-clad Weiner and the headline: “HARD COPY: Huma sent Weiner classified Hillary emails to print out.” The Daily News went with a similar front-page screamer: “HUMA ERROR: Sent classified emails to sext maniac Weiner.”

The problem: Much of what Comey said about this was inaccurate. Now the FBI is trying to figure out what to do about it.

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