Deep State
Page 38
Such lack of provable intent: Mary-Rose Papandrea, “National Security Information Disclosures and the Role of Intent,” William & Mary Law Review 56, no. 4 (2015): 1426–33.
“has to be so gross”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 30–31.
By the time McCabe became Comey’s deputy: “Why Intent, Not Gross Negligence, Is the Standard in Clinton Case,” War on the Rocks, July 14, 2016.
“Wasserman Schultz assured Benardo”: Via Electronic Transmission, Senate Committee on the Judiciary, June 22, 2017.
“In the Clinton situation”: Ruth Marcus, “Why a No-Indictment for Hillary Clinton Would Still Be a Problem for America,” Washington Post, March 29, 2016.
“Things are fair not fixed”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 186.
“The both of us are just kind of like”: Ibid.
And there were some who felt the idea: Ibid., 200–201.
“very active and prominent role”: Ibid., 177.
“I wanted Comey up there”: Ibid., 179.
“Jim, I thought we had talked”: Ibid., 175.
The draft was tough on Clinton: Ibid., 187–88.
“While it is not noted specifically”: Ibid., 182.
An ongoing concern in discussions: Ibid., 193–94.
Comey said he just took the phrase: Comey, Higher Loyalty, 181.
Chapter Three: A Sighting on the Tarmac
That Lynch thought she could escape: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 202–9.
Less than twenty-four hours later: “Full Timeline & Breakdown of Uncovered Lynch-Clinton Emails,” ACLJ, June 28, 2016.
Later that day, Sign asked: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 213.
“caused a cascading political storm”: “Bill Clinton’s Fondness for Tarmac Talk Gets Him into Trouble,” New York Times, July 1, 2016.
“doesn’t take mistakes lightly”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 217, 220.
“reviewed by career supervisors”: Ibid., 218.
“I’ll be briefed on it”: Aspen Ideas Festival 2016: “Crime and Punishment: A Conversation on 21st Century Policing, Civil Rights, and Criminal Justice Reform,” Aspen, Colorado, July 1, 2016.
“Hey, you’ve surely already considered this”: Ibid., 132.
“technically illiterate”: Ibid., 127.
While she might have known little: Hillary R. Clinton, FBI Records: The Vault, 1–33.
“I can’t sit here”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 137.
“I can’t and I hope someday”: Ibid., 224.
“Good morning,” Comey began: “Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-mail System,” FBI.gov, July 5, 2016.
“short of dashing across the street”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 226–27.
“that was way out of order”: Ibid., 228.
“Today is the best evidence”: “Coverage of Donald Trump’s Speech in North Carolina; Trump Slams ‘Crooked Hillary’ Email Investigation; Trump on Clinton Email Decision: ‘System Is Rigged,’” CNN, July 5, 2019.
Chapter Four: “This Feels Momentous”
CNN ran a feature: “FBI Boss Comey’s 7 Most Damning Lines on Clinton,” CNN, July 5, 2016.
“Though he recommended no criminal charges”: “FBI Recommends No Criminal Charges in Clinton Email Probe,” Washington Post, July 5, 2016.
“In just a few minutes of remarks”: “F.B.I.’s Critique of Hillary Clinton Is a Ready-Made Attack Ad,” New York Times, July 5, 2016.
Not only had Comey emerged unscathed: “12 Times Democrats Praised FBI Director James Comey as an American Hero,” The Federalist, October 31, 2016.
That night, just after Trump’s formal nomination: “Read Chris Christie’s Convention Speech Attacking Hillary Clinton,” Time, July 22, 2016.
From the guilty cries emerged another refrain: “How ‘Lock Her Up!’ Became a Mainstream GOP Rallying Cry,” Rolling Stone, July 21, 2016.
Others at the convention picked up the refrain: “Michael Flynn Leads ‘Lock Her Up’ Chant at 2016 RNC,” YouTube, December 1, 2017.
“an energy and oil consultant, excellent guy”: Transcript of Donald Trump’s meeting with the Washington Post, washingtonpost.com, March 21, 2016.
“said it would be damaging”: “Alexander Downer, Signing Off,” Australian, April 28, 2018.
Even more intriguing: Report on the Investigation into Russian Interference in the 2016 Presidential Election, U.S. Department of Justice, 2:89.
The next day, at a press conference: “Candidate Trump News Conference on July 27, 2016,” C-SPAN, June 14, 2017.
“Donald goes out of his way”: “Michael Cohen Has Said He Would Take a Bullet for Trump. Maybe Not Anymore,” New York Times, April 20, 2018.
“lock and load”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:137.
Chapter Five: “The Band Is Back Together”
Comey explicitly refused to say: “F.B.I. Director James Comey Testifies Before Congress,” New York Times, July 7, 2016.
Mercer Family Foundation: “‘Clinton Cash’ Book Got Most of Its Funding from One Hedge Fund Star,” Bloomberg News, January 18, 2017.
“When a source, no matter”: “Don’t Kill the Messenger,” U.S. News & World Report, April 23, 2015.
“The foundation should remove”: “Clinton Foundation Should Stop Accepting Funds,” Boston Globe, August 16, 2016.
“One school of thought”: Strzok testimony, Transcript of Peter Strzok House Judiciary Committee Interview, House Judiciary Committee, 269.
“I want to believe the path”: “What the Strzok-Page ‘Insurance Policy’ Text Was Actually About,” Washington Post, March 14, 2019.
“Anthony Weiner carried on a months-long”: “EXCLUSIVE: Anthony Weiner Carried On a Months-Long Online Sexual Relationship with a Troubled 15-Year-Old Girl Telling Her She Made Him ‘Hard,’ Asking Her to Dress Up in ‘School-Girl’ Outfits, and Pressing Her to Engage in ‘Rape Fantasies,’” Daily Mail, September 21, 2016.
In just three paragraphs: Article 235—NY Penal Law, New York State Law, Penal Law.
“threatens to remind voters”: “Anthony Weiner and Huma Abedin to Separate After His Latest Sexting Scandal,” New York Times, August 29, 2016.
Among the domain addresses: FBI Communication on Discovery of Hillary Clinton E-mails on Anthony Weiner’s Laptop Computer, FBI Records: The Vault, 2.
“Just putting this on the record”: JW v DOJ FBI Weiner production 02105, pg 34, October 17, 2018.
“I don’t even wait”: “Trump Recorded Having Extremely Lewd Conversation about Women in 2005,” Washington Post, October 7, 2016.
Two days later, FBI agents: “Clinton Campaign Chairman Ties Email Hack to Russians, Suggests Trump Had Early Warning,” Washington Post, October 11, 2016.
“We were consumed by these ever-increasing allegations”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 298.
“My focus wasn’t on Midyear anymore”: Ibid., 297.
“FBI agents say the bureau”: “Exclusive: FBI Agents Say Comey ‘Stood in the Way’ of Clinton Email Investigation,” Daily Caller, October 17, 2016.
“something had fallen through the cracks”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 304.
“I did the right thing”: Ibid., 305.
“Clinton Ally Aided Campaign”: “Clinton Ally Aided Campaign of FBI Official’s Wife,” Wall Street Journal, October 24, 2016.
“good news, in a bad news way”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 317.
Comey and McCabe wondered: U.S. House of Representatives, Executive Session Committee on the Judiciary, Joint with the Committee on Government Reform and Oversight, 152–53.
“We don’t know with certainty”: DOJ OIG Releases Report on Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, June 14, 2018, Office of the Inspector General.
Chapter Six: “To Speak or to Conceal”
“I ought to be fired”: Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election, 358.
Axelrod was shocked and dismayed: Ibid., 360–64.
“This is BS”: Ibid., 354–55.
“FBI Dir just informed me”: “FBI Dir just informed me, ‘The FBI has learned of the existence of emails that appear to be pertinent to the investigation.’ Case reopened,” @jasoninthehouse, October 28, 2016, 11:57 A.M.
“It sounds like Comey is being”: “‘This Changes Everything’: Donald Trump Exults as Hillary Clinton’s Team Scrambles,” New York Times, October 28, 2016.
“Comey made an independent decision”: “Justice Officials Warned FBI That Comey’s Decision to Update Congress Was Not Consistent with Department Policy,” Washington Post, October 29, 2016.
“in love with my own righteousness”: Comey, Higher Loyalty, 206.
“FBI in Internal Feud”: “FBI in Internal Feud over Hillary Clinton Probe,” Wall Street Journal, October 30, 2016.
A few days later, Comey asked: McCabe, Threat, 196.
“Comey had no choice”: William Barr, “James Comey Did the Right Thing,” Washington Post, October 31, 2016.
“I have to tell you”: “Presidential Candidate Donald Trump Rally in Phoenix, Arizona,” C-SPAN, October 29, 2016.
“Molotov cocktail”: “Democrats’ One-Word Answer to Their Horrible Night: Comey,” Washington Post, September 11, 2016.
“a former senior intelligence officer”: David Corn, “A Veteran Spy Has Given the FBI Information Alleging a Russian Operation to Cultivate Donald Trump,” Mother Jones, October 31, 2016.
“swept away her largest and most immediate problem”: “Emails Warrant No New Action Against Hillary Clinton, F.B.I. Director Says,” New York Times, November 6, 2016.
“A victory by Mr. Trump remains possible”: “Who Will Be President,” New York Times, November 8, 2016.
Chapter Seven: “There Were No Prostitutes”
“We may find people of great technical talent”: “Comey on FBI Hiring Cyber Talent,” C-SPAN, August 30, 2016.
In an interview on Fox News: “Chris Wallace Hosts ‘Fox News Sunday,’ Interview with President-Elect Donald Trump,” CQ Newsmaker Transcripts, December 11, 2016.
The incoming White House chief of staff: “Chris Wallace Hosts ‘Fox News Sunday,’ Interview with Incoming White House Chief of Staff Reince Priebus,” Fox News, December 18, 2016; “Reince Priebus on War of Words with White House over Russia,” Fox News, December 18, 2016.
To the White House communications director: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:23.
On January 6 a motorcade of black SUVs: Comey, Higher Loyalty, 218–25.
The focus would be Russian interference: James Comey, memo, My notes from private session with PE on 1/6/17, January 7, 2017.
“Classified documents presented last week”: “Intel Chiefs Presented Trump with Claims of Russian Efforts to Compromise Him,” CNN, January 12, 2017.
Just one hour later, BuzzFeed News: “These Reports Allege Trump Has Deep Ties to Russia.”
Michael Cohen, Trump’s lawyer: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:27–28.
“have been incalculable and will play”: “How a Sensational, Unverified Dossier Became a Crisis for Donald Trump,” New York Times, January 11, 2017.
“if I could put out a statement”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:28.
“I’m a germophobe”: Comey, Higher Loyalty, 226.
“Something is rotten in the state of Denmark”: David Ignatius, “Why Did Obama Dawdle on Russia’s Hacking?,” Washington Post, January 12, 2017.
“We all have our personal lives”: U.S. House of Representatives, Committee on the Judiciary, 45–46.
On Sunday afternoon, January 22: “Brief Remarks: Donald Trump Speaks to Inauguration Law Enforcement Officers—January 22, 2017,” Factbase.
When Comey described the encounter: “What James Comey Told Me About Donald Trump,” Lawfare, May 18, 2017.
“You know what I said”: Flynn quoted in McCabe, Threat, 200. (The comment doesn’t appear in McCabe’s contemporaneous notes.)
The two agents arrived early: Strzok’s interview of Flynn, Case 1:17-cr-00232-EGS Document 62, U.S. Department of Justice, December 17, 2018.
“relaxed and jocular,”: “United States of America v. Michael T. Flynn, Defendant’s Memorandum in Aid of Sentencing,” United States District Court for the District of Columbia, December 11, 2018.
“Not happy”: Peter P. Strzok interview, Federal Bureau of Investigation, July 19, 2017.
Trump didn’t want to fire Flynn: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:41.
“Not again, this guy, this stuff”: Ibid., 32.
Trump didn’t waste any time: Comey, Higher Loyalty, 235–44.
The next day, Comey was lunching at his desk: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:35.
“Don’t talk about Russia”: Ibid., 33.
“I need loyalty,” he said again: Comey memo, My notes from private session with PE on 1/6/17, January 7, 2017.
Chapter Eight: “Where’s My Roy Cohn?”
The same day as Comey’s dinner: “Why Sally Yates Stood Up to Trump,” New Yorker, May 22, 2017.
About five hours later: Sally Yates, U.S. Department of Justice, September 28, 2017.
“a role model”: “Read Rosenstein’s Full Opening Statement on Comey to Congress,” PBS NewsHour, May 19, 2017.
“Rod is a survivor”: “What James Comey Told Me About Donald Trump.”
On Sunday, February 5: “President Trump Talks Travel Ban, Putin, Mexico; Could Trump Pull Federal Funds from California?; Trump Says There Could Be Tax Cut by End of 2017,” CNN Transcripts, February 5, 2017.
Three days later, on February 8: Comey memo, My notes from private session with PE on 1/6/17, January 7, 2017; Comey, Higher Loyalty, 248–49.
“privately discussed U.S. sanctions against Russia”: “National Security Adviser Flynn Discussed Sanctions with Russian Ambassador, Despite Denials, Officials Say,” Washington Post, February 9, 2017.
“Oh, this is fine”: Pence quoted in McCabe, Threat, 203.
“Okay. That’s fine. I got it”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:37.
“We’ll give you a good recommendation”: Ibid., 38.
“Unfortunately, because of the fast pace of events”: Michael Flynn, Whitehouse.gov, February 13, 2017.
“The President was very concerned”: Press Briefing by Press Secretary Sean Spicer, Whitehouse.gov, February
14, 2017.
“Now that we fired Flynn”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:38–39.
“No way,” he said: Chris Christie, Let Me Finish: Trump, the Kushners, Bannon, New Jersey, and the Power of In-Your-Face Politics, with Ellis Henican (New York: Hachette Books, 2019), 329.
The suggestion made Christie uncomfortable: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:39.
“I want to talk about Mike Flynn”: Ibid., 40.
“I hope you can see your way”: Ibid., 39–40.
“unqualified contradiction to what the Bureau stood for”: McCabe, Threat, 204.
“General Flynn is a wonderful man”: “Remarks by President Trump and Prime Minister Netanyahu of Israel in Joint Press Conference,” Whitehouse.gov, February 15, 2017.
“Phone records and intercepted calls”: “Trump Aides Had Contact with Russian Intelligence,” New York Times, February 15, 2017.
“You’re not being good partners”: Priebus quoted in McCabe, Threat, 204.
“acting like his own branch of government”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:53.
“fine man”: “Remarks by President Trump in Press Conference,” Whitehouse.gov, February 16, 2017.
“violation of procedures”: “FBI Refused White House Request to Knock Down Recent Trump-Russia Stories,” CNN Politics, February 24, 2017.
“I have decided to recuse myself”: Attorney General Sessions Statement on Recusal, U.S. Department of Justice, March 2, 2017.
meeting with McGahn and Priebus: “Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation,” New York Times, January 4, 2018.
“I don’t have a lawyer”: Report on the Investigation into Russian Interference in the 2016 Presidential Election, 2:50.
“who to investigate”: Ibid., 76.
pulled Sessions aside to ask him to “unrecuse”: Ibid., 51.
Trump was in a “panic/chaos”: Ibid., 52.