158. Olivia Beavers, “Kremlin Spokesman: Russian Ambassador Met with Advisers to Clinton Campaign Too,” The Hill, March 12, 2017.
159. John Solomon, “Ukrainian Embassy Confirms DNC Contractor Solicited Trump Dirt In 2016,” The Hill, May 2, 2019; Kenneth P. Vogel and David Stern, “Ukrainian Efforts To Sabotage Trump Backfire,” Politico, January 11, 2017; Gregg Re, “Clinton-Ukraine Collusion Allegations ‘Big’ And ‘Incredible,’ Will Be Reviewed, Trump Says,” Fox News, April 25, 2019; Ian Schwartz, “Giuliani: ‘Massive Collusion’ Between DNC, Obama Admin, Clinton People & Ukraine To Create False Info About Trump,” RealClear Politics, May 10, 2019.
160. Alan Cullison and Brett Forrest, “Trump Tower Moscow? It Was the End of a Long, Failed Push to Invest in Russia,” Wall Street Journal, November 29, 2018.
161. Megan Twohey and Steve Eder, “For Trump, Three Decades of Chasing Deals in Russia,” New York Times, January 16, 2017.
162. Gregg Jarrett, “Big Lebowski, Esq., Takes Up Gen. Flynn’s Case,” Fox News, April 29, 2017.
163. Robert Windrem, “Guess Who Came to Dinner with Flynn and Putin,” NBC News, April 18, 2017.
164. Shannon Bream, interview with Daniel Hoffman, former CIA station chief, Fox News @ Night with Shannon Bream, Fox News, April 23, 2019.
165. Attorney General William Barr, letter to Lindsey Graham, Jerrold Nadler, Dianne Feinstein, and Doug Collins.
166. James Clapper, Facts and Fears: Hard Truths from a Life in Intelligence (New York: Viking, 2018).
167. Gregg Re, “Rand Paul: ‘Source’ Says John Brennan Pushed Discredited Steele Dossier,” March 27, 2019.
168. Liam Quinn, “Ex–CIA Director John Brennan Admits He May Have Had ‘Bad Information’ Regarding President Trump and Russia,” Fox News, March 26, 2019.
169. Woodward, Fear, 64.
170. Andrew C. McCarthy, “Steele’s Shoddy Dossier,” National Review, June 6, 2019.
171. Jan Crawford, “William Barr Interview: Read the Full Transcript,” CBS News, May 31, 2019.
Chapter 3: Lying and Spying
1. “William Barr’s Testimony Before the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies,” CNN, April 10, 2019.
2. Ibid.
3. Gary Abernathy, “Admit It: Fox News Has Been Right All Along,” Washington Post, April 15, 2019.
4. Justin Wise, “CNN Legal Analyst Knocks Barr Spying Claim: He ‘Talks like Sean Hannity,’ ” The Hill, April 11, 2019.
5. Joseph Wulfsohn, “Media Take Issue with AG Barr for Saying ‘Spying Did Occur’ on Trump Campaign,” Fox News, April 10, 2019.
6. Timothy L. O’Brien, “Bill Barr Is Trying Hard to Be President Trump’s Roy Cohen,” Bloomberg, April 10, 2019.
7. Jennifer Rubin, “William Barr, Trump’s Toady,” Washington Post, April 10, 2019.
8. Whitney Tipton, “CNN Freaks Out over Barr ‘Spying’ Test,” Daily Caller, April 11, 2019.
9. Definition of the word “spy,” Lexico, https://en.oxforddictionaries.com/definition/spy.
10. Byron York, “Barr Is Right, Spying on Trump Campaign Did Occur,” Washington Examiner, April 10, 2019.
11. Ibid.
12. Zack Budryk, “Clapper: Barr’s Spying Claim ‘Stunning and Scary,’ ” The Hill, April 10, 2019.
13. Hans von Spakovsky, “Dems Wrong to Attack Barr for Telling Truth About Fed Spying on Trump Campaign,” Fox News, April 10, 2019.
14. “William Barr’s Testimony Before the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies.”
15. Kimberley A. Strassel, “Barr Brings Accountability,” Wall Street Journal, April 11, 2019.
16. “Read James B. Comey’s Opening Statement Ahead of His Testimony,” June 7, 2017, NBC News.
17. Ibid.
18. Andrew C. McCarthy, “FBI Russia Investigation Was Always About Trump,” Fox News, January 13, 2019.
19. Andrew C. McCarthy, “Behind The Obama Administration’s Shady Plan To Spy On The Trump Campaign,” New York Post, April 15, 2019.
20. Ibid., “Read James B. Comey’s Opening Statement.”
21. Senator Charles E. Grassley, Chairman, Committee on the Judiciary, letter sent to Michael E. Horowitz, Inspector General, U.S. Department of Justice, February 28, 2018, https://www.grassley.senate.gov/sites/default/files/judiciary/upload/2018-02-28%20CEG%20LG%20to%20DOJ%20OIG%20%28referral%29.pdf, 7.
22. Ibid., 4, 5.
23. Brooke Singman, “Comey Scoffs at Barr Testimony, Claims ‘Surveillance’ Is Not ‘Spying,’ ” Fox News, April 12, 2019.
24. Ibid.
25. Author’s interview with Carter Page, March 12, 2018.
26. R. J. Sharpe, Law of Habeas Corpus (Oxford: Clarendon Press, 1989); Paul Halliday, Habeas Corpus: From England to Empire (Cambridge: Belknap Press of Harvard University Press, 2010).
27. Constitution of the United States of America, Amendments V and VI (ratified effective December 15, 1791).
28. Faretta v. California, 422 U.S. 806 (1975), opinion by Justice Potter Stewart.
29. Foreign Intelligence Surveillance Act, 1978, 50 U.S.C., chapter 36, https://fas.org/irp/agency/doj/fisa/.
30. Conor Clarke, “Is the Foreign Intelligence Surveillance Court Really a Rubber Stamp?,” Stanford Law Review, February 2014.
31. Larry Abramson, “FISA Court: We Approve 99% of Wiretap Applications,” National Public Radio, October 15, 2013.
32. Evan Perez, “Secret Court’s Oversight Gets Scrutiny,” Wall Street Journal, June 9, 2013.
33. Erika Eichelberger, “FISA Court Has Rejected .03 Percent of All Government Surveillance Requests,” Mother Jones, June 10, 2013.
34. Daniel Chaitin, “Lack of FISA Court Hearings on Carter Page Warrants Sparks Fierce Debate,” Washington Examiner, September 2, 2018; Dave Boyer, “FISA Court Didn’t Hold Hearings Before Granting Warrants on Carter Page, Trump Notes in Tweet,” Washington Times, September 1, 2018.
35. David Kris, “How the FISA Court Really Works,” Lawfare, September 2, 2018.
36. Asha Rangappa, “It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know,” Just Security, March 6, 2017.
37. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017,” Electronic Privacy Information Center, https://epic.org/privacy/surveillance/fisa/stats/.
38. Rick Moran, “Judicial Watch: No Hearings Held on Carter Page FISA Warrants,” American Thinker, September 1, 2018.
39. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page,” November 2, 2017, https://www.documentcloud.org/documents/4176234-Carter-Page-Hpsci-Hearing-Transcript-Nov-2-2017, 11,15.html; Anna Giaritelli, “Carter Page Says He’s Never Spoken with Trump in His Life,” Washington Examiner, February 6, 2018.
40. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page,” 157.
41. “Text: Obama Speech at the New Economic School,” New York Times, July 7, 2009.
42. Ibid.
43. Scott Shane, Mark Mazzetti, and Adam Goldman, “Trump Adviser’s Visit to Moscow Got the FBI’s Attention,” New York Times, April 19, 2017.
44. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page,” 19.
45. Tim Hains, “Carter Page: I Experienced the Trump-Russia Witch Hunt First Hand, Now We’re Getting the Real Truth,” RealClearPolitics, March 31, 2019.
46. “The Lecture of Trump’s Advisor Carter Page in Moscow,” YouTube, July 7, 2016.
47. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page,” 40.
48. Eric Felten, “Carter Page Is Mr. Clean,” National Review, April 19, 2019.
49. “Company Intelligence Report 2016/080,” December 13, 2016, https://www.documentcloud.org/documents/3259984-Trump-Intelligence-Allegations.html, 9.
50.
Julie Kelly, “Vindication for Carter Page,” American Greatness, July 25, 2018.
51. Michael Isikoff, “U.S. Intel Officials Probe Ties Between Trump Adviser and Kremlin,” Yahoo! News, September 23, 2016.
52. Ibid.
53. Dylan Stableford, “Yahoo News’ Michael Isikoff Describes Crucial Meeting Cited in Nunes Memo,” Yahoo! News, February 2, 2018.
54. Chuck Ross, “The Problem with the News Article at Center of Carter Page Spy Warrant,” Daily Caller, February 5, 2018.
55. Isikoff, “U.S. Intel Officials Probe Ties Between Trump Adviser and Kremlin.”
56. Joe Pompeo, “ ‘He Was Actually the Paul Revere’: As the Steele Dossier’s Moment of Truth Arrives, Journalists Argue Its Impact,” Vanity Fair, April 25, 2019.
57. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page,” attached exhibit, 13, letter from Page to James B. Comey, September 25, 2016.
58. Daniel Chaitin, “Carter Page Says He Consulted State Department, FBI, and CIA for Years,” Washington Examiner, June 9, 2019.
59. United States House of Representatives, Permanent Select Committee on Intelligence, “Testimony of Carter Page.”
60. Ibid., 38.
61. Ibid., 36.
62. United States Code, 18 U.S.C. §§ 1621, 1623, “Perjury”; 19 U.S.C. § 1001, “False and Misleading Statements”; 18 U.S.C. § 1503, et al. “Obstruction of Justice”; 18 U.S.C. § 1031 “Major Fraud Against the U.S.”; 18 U.S.C. § 371 “Conspiracy to Defraud the U.S.”; 18 U.S.C. § 242 “Deprivation of Rights Under Color of Law,” 50 U.S.C. § 1809 “Electronic Surveillance Under Color of Law.”
63. Gregg Jarrett, The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump (New York: Broadside Books, 2018), 139–170.
64. United States Foreign Intelligence Surveillance Court, Washington, D.C., warrant applications and corresponding orders dated October 2016, January 2017, April 2017, and June 2017, https://vault.fbi.gov/d1-release/d1-release/view.
65. Ibid., see “Verification” document (54) and “Certification” document (63, 65).
66. Sharyl Attkisson, “Nunes Memo Raises Question: Did FBI Violate Woods Procedures?,” The Hill, February 4, 2018.
67. John Solomon, “Mueller Hauled Before Secret FISA Court to Address FBI Abuses in 2002, Congress Told,” The Hill, February 6, 2019.
68. Devin Nunes, Chairman, U.S. House of Representatives, Permanent Select Committee on Intelligence, to Jeff Sessions, Attorney General, March 1, 2018, https://www.scribd.com/document/372746970/Nunes-to-Sessions-FBI-may-have-violated-criminal-statutes-in-Carter-Page-FISA-application#from_embed.
69. Ibid.
70. Andrew C. McCarthy, “The Steele Dossier And The ‘Verified Application’ That Wasn’t,” National Review, May 18, 2019.
71. Brooke Singman, “FISA Memo: Steele Fired As An FBI Source For Breaking ‘Cardinal Rule’—Leaking To The Media,” Fox News, February 2, 2018.
72. Andrew C. McCarthy, “FISA Applications Confirm: The FBI Relied On The Unverified Steele Dossier,” National Review, July 23, 2018.
73. Catherine Herridge and Pamela Brown, “DOJ Releases FISA Docs That Formed Basis for Surveillance of Ex-Trump Adviser Carter Page,” Fox News, July 22, 2018.
74. “Full Transcript and Video of James Comey’s Testimony on Capitol Hill,” New York Times, June 8, 2017.
75. John Solomon, “Comey’s Confession: Dossier Not Verified Before, or After, FISA Warrant,” The Hill, December 8, 2018.
76. Andrew C. McCarthy, “FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier,” National Review, July 23, 2018.
77. House Permanent Select Committee on Intelligence Majority Members, memorandum re “Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation,” January 18, 2018 (declassified by order of the president, February 2, 2018), https://www.documentcloud.org/documents/4365338-Nunes-memo.html.
78. Byron York, “FISA Warrant Application Supports Nunes Memo,” Washington Examiner, July 22, 2018.
79. Ian Schwartz, “Baier to Comey: If Dossier Was ‘Salacious,’ Why Did You Use It to Get FISA Warrant?,” RealClearPolitics, April 26, 2018.
80. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017”; Gregg Re, “FBI Told FISA Court Steele Wasn’t Source of Report Used to Justify Surveilling Trump Team, Docs Show,” Fox News, July 22, 2018.
81. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017,” 15.
82. Ibid., 100.
83. Mollie Ziegler Hemingway, “Confirmed: DOJ Use Materially False Information to Secure Wiretaps on Trump Associate,” The Federalist, July 23, 2018.
84. For more details on the assistance Carter Page supplied to the FBI, see Gregg Jarrett, The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump (New York: Broadside Books, 2018), 148.
85. United States Code, 50 § U.S.C. 1804, “Applications for Court Orders”; Andrew C. McCarthy, “The Schiff Memo Harms Democrats More Than It Helps Them,” National Review, February 25, 2018.
86. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017.” See also House Permanent Select Committee on Intelligence Majority Members, memorandum re “Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation.”
87. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017,” footnote 8:
Source #1 was approached by an identified U.S. Person, who indicated to Source#1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s ties to Russia. (The identified U.S. Person and Source #1 have a long-standing business relationship.) The identified U.S. person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign.
88. Senator Charles E. Grassley, Senator Lindsey O. Graham, Senator John Cornyn, and Senator Thom Tillis, letter and memorandum re “Referral of Christopher Steele for Potential Violation of 18 U.S.C. 1001,” January 4, 2018, available at https://www.grassley.senate.gov/news/news-releases/senators-grassley-graham-refer-christopher-steele-criminal-investigation.
89. Rowan Scarborough, “Trump Legal Team Makes Case to Prosecute Comey, Others for Lying After Cohen Guilty Plea,” Washington Times, December 2, 2018; Gregg Jarrett, “James Comey May Be the Only One Who Believes the Stories He’s Selling,” Fox News, December 18, 2018; Catherine Herridge and Judson Berger, “Trump Team Renews Claims Comey Misled Congress in Wake of Cohen Plea,” Fox News, November 30, 2018; John Dowd, lawyer for Trump, letter to Rod Rosenstein, Deputy Attorney General, September 1, 2017, https://www.scribd.com/document/394562504/Trump-legal-team-s-letters-to-Mueller-Rosenstein-on-Comey#from_embed.
90. Matt Apuzzo, Michael Schmidt, Adam Goldman, and Eric Lichtblau, “Comey Tried to Shield FBI from Politics. Then He Helped Shape an Election,” New York Times, April 22, 2017.
91. Michael Doran, “The Real Collusion Story,” National Review, March 13, 2018.
92. Gregg Re, Catherine Herridge, and Cyd Upson, “FBI Clashed with DOJ over Potential ‘Bias’ of Source for Surveillance Warrant: McCabe-Page Texts,” Fox News, March 22, 2019.
93. Ibid.
94. Ibid.
95. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017,” 2, 68, 164.
96. Tim Hains, “Deputy AG Rod Rosenstein: ‘The Department of Justice Is Not Going to Be Extorted,’ ” RealClearPolitics, May 1, 2018.
97. “Foreign Intelligence Surveillance Act Court Orders 1979 to 2017,” 1, 84, 182, 292.
98. Craig Bannister, “Rosenstein Testifies He Doesn’t Need to Read FISA Applications He Signs,” CNS News, June 29, 2018.
99. Sonam Sheth, “House Investigators Grill Christopher Wray and Rod Rosenstein in Contentious Hearing About the Trump and Clinton Probes,” Business Insider, June 28, 2018;
100. Executive Session, Committee on the Judiciary, Joint with the Committee on Government Reform and Oversight, U.S. House of Representatives, “Interview of: James Comey,” December 7, 2018, https://www.lawfareblog.com/document-transcript-james-comeys-dec-7-interview-house-committees.
101. Ibid., 124–26.
102. Gregg Jarrett, “Testimony in Russia Probe Shows FBI and Justice Department Misconduct in Effort to Hurt Trump,” Fox News, January 24, 2019.
103. Ibid.
104. John Solomon, “Steele’s Stunning Pre-FISA Confession: Informant Needed Trump Dirt Before Election,” The Hill, May 7, 2019.
105. John Solomon, “FBI’s Steele Story Falls Apart: False Intel and Media Contacts Were Flagged Before FISA,” The Hill, May 9, 2019.
106. Catherine Herridge and Adam Shaw, “Lawmakers Say FBI May Have Been Warned of Steele’s ‘Political Motivations’ Before Trump Aide Surveillance,” Fox News, May 10, 2019; Senators Ron Johnson and Charles E. Grassley, letter to Michael R. Pompeo, Secretary of State, May 9, 2019, https://www.scribd.com/document/409477564/Lawmakers-letter-to-Secretary-of-State-Pompeo#from_embed.
107. Solomon, “FBI’s Steele Story Falls Apart.”
108. Ibid.
109. John Solomon, “State Department’s Red Flag on Steele Went to a Senior FBI Man Well Before FISA Warrant,” The Hill, May 14, 2019.
110. Solomon, “FBI’s Steele Story Falls Apart.”
111. Solomon, “Steele’s Stunning Pre-FISA Confession.”
112. Ibid.
113. “Spying on Trump: Was Obama Behind CIA, FBI Plan to Elect Hillary?,” Investor’s Business Daily, May 22, 2018.
114. Jane Mayer, “Christopher Steele, the Man Behind the Trump Dossier,” The New Yorker, March 12, 2018; Jasper Fakkert, “The Origins of ‘Spygate’: 10 Questions,” The Epoch Times, May 16, 2019.
115. Letter from Sen. Charles E. Grassley, Chairman of Committee on Finance, to Mark Esper, Acting Secretary of the Department of Defense, July 12, 2019, available at https://www.grassley.senate.gov/sites/default/files/constituents/2019-07-12%20CEG%20to%20DoD%20(Halper%20Contracts)_0.pdf; Sara Carter, “Grassley Pressures DOD For More Information On FBI Spy Stefan Halper,” saraacarter.com, July 22, 2019.
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