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The Durham Coverup
Did Ex-CIA Director John Brennan Doctor His Notes to Hide His Role in Russiagate?
May 16, 2023
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John Brennan: Former CIA chief claims he briefed Obama and Biden about Clinton plans to smear Trump as Russian agent.

 

Reading through the newly released Durham Report, there’s a lot to absorb and I plan to be filling several reviews in the coming days. But it struck me that the section of the report detailing an aspect of John Brennan’s role in the Clinton campaign and Obama administration’s operation targeting Donald Trump and his aides was most urgent. LS.

 

The only genuine piece of Russian intelligence that US spy services ever received about Donald Trump’s ties to Russia was intelligence that Russia knew Hillary Clinton backed a 2016 campaign plan to smear Trump as a Russian agent.

According to John Durham’s 300-page report, the information reached the CIA in late July 2016. Brennan told Durham that on August 3 he briefed President Barack Obama at the White House on what the special counsel refers to as the Clinton Plan intelligence. Others in attendance at the meeting were Vice President Joe Biden, Attorney General Loretta Lynch, and FBI Director James Comey.

Imagine Comey’s reaction when he first heard of the Clinton Plan intelligence, only days after the July 31 start date for the FBI’s investigation into Trump’s alleged ties to Russia, code-named Crossfire Hurricane: So, if it’s just a dirty trick staged by the Clinton campaign, I should shut down the Trump-Russia probe, right?   

Right. There is little chance Brennan said anything about the Clinton Plan intelligence in that August 3 meeting. Reading the Durham report, it’s not even clear when Brennan first found out about it or the September 2016 CIA memo referring the Clinton Plan intelligence to the FBI’s counterintelligence division.

Brennan’s handwritten notes memorializing his allegedly briefing Obama on the Clinton Plan and the CIA’s referral letter were both declassified by Trump’s Director of National Intelligence John Ratcliffe in October 2020. Durham’s report sheds light on how the information and subsequent CIA memo were received, who knew about them, and perhaps more significantly who didn’t.

According to the report, virtually none of the officials interviewed by Durham knew about the Clinton Plan intelligence or the referral memo. Former FBI general counsel James Baker “stated that he had neither seen nor heard of the Clinton Plan intelligence or the resulting Referral Memo prior to his interview” with Durham.

Same with Supervisory Special Agent-1, reportedly FBI agent Joe Pientka. According to the report, when Durham showed Pientka the information, he became “visibly upset and emotional, left the interview room with his counsel, and subsequently returned to state emphatically that he had never been apprised of the Clinton Plan intelligence and had never seen the aforementioned Referral Memo. Supervisory Special Agent-1 expressed a sense of betrayal that no one had informed him of the intelligence.”

The reason so few FBI officials knew of the Clinton Plan information is because it was buried. Otherwise, it would have implicated senior Obama officials — the president and vice president and his security chiefs — and the Crossfire Hurricane team in an illegal surveillance and propaganda operation targeting a presidential campaign.

But how did the Russians know it started with Hillary Clinton? Did they have spies buried deep inside the Democratic National Committee? Maybe Christopher Steele, British ex-spy and author of the Clinton-funded memos tying Trump to Russia, had been compromised by one of the Russian oligarchs he worked for?

No, you wouldn’t have needed an intelligence service to find out the Clinton campaign was using Moscow as an instrument to smear the GOP candidate. By the end of July, much of the anti-Trump campaign was public.

As I explained in my 2019 book The Plot Against the President, the media piece of Russiagate started in Winter 2016 when pro-Clinton reporters first started calling Trump and his aides Russian agents. With Franklin Foer’s July 4 Slatearticle, “Putin’s Puppet,” the press component of the Russia-collusion narrative was in full swing.

In a July 21 Washington Post column, Anne Applebaum cited Foer’s piece and asserted that “Russia is clearly participating in the Trump campaign.” In an Atlantic article published the same day, Jeffrey Goldberg wrote that Trump has chosen “to unmask himself as a de facto agent of Russian president Vladimir Putin.”

Before the end of July, scores of articles in the Weekly Standard, the New Yorker, New York Magazine, the New York Timesand elsewhere made the same case: Donald Trump, according to Times columnist Paul Krugman, was the “Siberian candidate.”

Russiagate reporters typically referenced each other's articles to create an unmistakable echo chamber effect. Media analysts at the Russian foreign ministry or in any Russian embassy couldn’t have missed the frequency with which the US press kept inserting their government into a vague account of the Republican candidate’s uncertain loyalties. Thus, it would not have been hard to figure out who was the beneficiary of this extraordinary amount of newsprint devoted to promoting a storyline labeling Trump a Russian agent.

The Durham report does not disclose how US intelligence agencies found out the Russians were discussing the Clinton Plan. Perhaps it came through the signals intelligence that British agencies and other foreign services reportedly shared with Washington.

On August 22, an FBI cyber-analyst passed the Clinton Plan intelligence on to two members of the Crossfire Hurricane team, including fixer Brian Auten. A 2019 Justice Department report faulted Auten for failing to verify the Clinton-funded Steele dossier tying Trump to Russia. In other words, he cleared the central piece of evidence, now thoroughly discredited, that the FBI used to obtain the warrant to spy on the Trump campaign.

On September 2, a US official briefed Auten and other FBI personnel about the Clinton Plan intelligence. Auten related to Durham that he told the official he wanted to see the CIA’s official referral letter. Completed September 7, the memo was addressed to Comey and FBI counterintelligence official and Crossfire Hurricane point-man Peter Strzok.

According to Durham: “None of the FBI personnel who agreed to be interviewed could specifically recall receiving this Referral Memo, nor did anyone recall the FBI doing anything in response to the Referral Memo. Auten said that he couldn’t remember if he shared the memo with other members of the Crossfire Hurricane team.

If Brennan was briefed on it at the time, it seems he didn’t share it with anyone — he almost certainly had not spoken of it during the August 3 meeting with Obama and other administration officials. There’s no evidence that Brennan briefed congressional oversight committees on what US agencies had picked up from the Russians on the Clinton Plan. Nor did he say anything about it when he testified before the House Intelligence Committee in May 2017.

Most significantly, it’s not part of the intelligence that was used to produce the January 2017 intelligence community assessment on Russian interference in the 2016 election that Obama directed Brennan to finish before Trump came to office. Indeed, the Clinton Plan intelligence would serve as a powerful rebuttal to the ICA’s central conclusion that Putin sought to help Trump win the 2016 election.

Evidence of Brennan’s hiding the Clinton Plan intelligence and CIA referral letter would strongly suggest that he was a crucial part of the effort to target Trump as a Russian agent.

Perhaps it was rumor of Pientka’s rage after Durham showed him the Clinton Plan intelligence and the referral memo in a July 22, 2020 interview that Brennan moved to protect himself. It was nearly a month later, August 21, when he sat for an eight-hour long interview with Durham. Brennan said that he couldn’t remember when he first received the Clinton Plan intelligence but there was evidence that he didn’t hide it — handwritten notes proving that he told Obama, Biden, Lynch and Comey all about it.

Durham states in his report that he declined to pursue a criminal case related to the Clinton Plan intelligence because it “would face what in all likelihood would be insurmountable classification issues given the highly sensitive nature of the information itself.”

 

 

 

And thus, the section on the Clinton Plan intelligence concludes: the government’s treatment of the information “may have amounted to a significant intelligence failure and a troubling instance in which confirmation bias and a tunnel-vision pursuit of investigative ends may have caused government personnel to fail to appreciate the extent to which uncorroborated reporting funded by an opposing political campaign was intended to influence rather than inform the FBI. It did not, all things considered, however, amount to a provable criminal offense.”

 

 

 

 

 

 

 

 

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Dancing with Dr. Ruth
In Memoriam, 1928-2024

 

I was saddened to hear the news today that Dr. Ruth Westheimer has passed away at the age of 96. I danced with her once.

In the mid-1990s, I edited the Voice Literary Supplement, the monthly literary review of the Village Voice, America’s first alternative weekly newspaper. We hosted regular events in New York to publicize our contributors, which often turned into contentious, albeit rewarding affairs, like the night my friend Joe Wood argued with Stanley Crouch about the legacy of the great Albert Murray. Crouch had famously beat up another Voice writer, Harry Allen, to conclude their debate about music, but that night Joe and Stanley simply moved to the bar to continue their argument.

The VLS’ publisher wanted to have a party in Chicago to coincide with the American Book Association’s annual book fair. So, we arranged to co-host it with Verso Books, a leftwing publisher then headed up by Colin Robinson, a Brit with a gravelly baritone voice made for BBC radio theatre. The other co-host was The Baffler, a great small magazine based in Chicago and hooked into the city’s lively indy scene so they arranged for the music.

I tried to get David Foster Wallace to come. He was in the area staying at his parents’ home in Illinois. I think it was the year Infinite Jest came out and he’d done lots of publicity, so he opted out. But I’d gotten him to agree to review Joseph Frank’s biography of Dostoevsky. He grumbled when he realized it was a five-volume work, but David’s essay is great — it’s here.  

I guess Dr. Ruth had a new book out that year. Her bibliography shows that the ‘90s were perhaps her most prolific decade. She was so famous that Saturday Night Live impersonated her. Dr. Ruth was everywhere — radio, TV, movies. She was also at our party.

I can’t remember who invited her but there she was, the world’s most famous sex counselor standing on the sidelines like a high-school girl at her first dance. She smiled at me. Maybe it was just because I was the host. The music was very loud, so I leaned in closely and then led her to the dance floor. It was only for one song, but she was smiling the whole time, and so was I.

It was only later that I learned about her life. She grew up in an orthodox Jewish family in Frankfurt and at the age of ten her mother sent her to Switzerland to keep her safe. The Gestapo had already taken her father away to Dachau. He was murdered at Auschwitz. Her mother and all her relatives were murdered in the Holocaust. After the war, she moved to pre-state Israel, trained as a sniper with the Haganah, and was wounded during Israel’s war of independence. At the age of 90, she showed she could still reassemble a gun with her eyes closed. She studied in Paris and New York, where she worked as a maid to put herself through school. She spoke German, Hebrew, French, and English. She was married three times and leaves behind her two children. She was a serious woman who knew how to laugh at herself. She made a career out of encouraging people to enjoy their physical intimacy with others. She had an unforgettable smile.

May her memory be a blessing.

 

 

 

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How Trump V US Helps Jeffrey Clark
Former DOJ Official Optimistic and Grateful

 

Monday’s 6-3 Supreme Court decision, Trump v US, acknowledging the President of the United States enjoys absolute immunity while conducting official affairs came as good news not only for Donald Trump but also aides who served in his administration, including Assistant Attorney General, Jeffrey Clark.

In the immediate aftermath of the 2021 election, progressive legal activist and longtime Barack Obama ally Norm Eisen teamed up with federal law enforcement authorities, the media, and Senate Democrats to zero in on the Trump appointee. A January 2021 New York Times article laid the groundwork for the attack by categorizing Clark’s efforts to give the President he served legal counsel to challenge 2020 vote results as a Justice Department coup.

In October 2021, Illinois Senator Dick Durbin called for the Washington, DC Bar to investigate Clark. This April, a disciplinary hearing committee judged (albeit on a preliminary, non-binding basis) that Clark violated a rule of legal ethics, without specifying which one, for drafting an unsent letter to Georgia officials regarding the election. The Bar’s Disciplinary Counsel said Clark should be disbarred.

In August 2023, Clark was also one of 19 people, including Trump, charged by Fulton County, Georgia District Attorney Fani Willis for interfering in the 2020 election. That case has been stalled and no date has yet been set for the trial. One of the motions pending before the judge was filed by Trump’s attorney arguing that the case be dismissed on grounds of presidential immunity.

I spoke with Clark’s lawyer, Harry MacDougald, who explained how the Supreme Court decision should help both his client’s cases.

“The Court’s ruling extended absolute immunity to ‘core constitutional powers,’” says MacDougald. “This was specifically applied to Trump’s discussions with Department of Justice officials about investigating the election, potentially replacing the Acting Attorney General Jeff Rosen with Jeff Clark, and potentially sending a letter to state officials from DOJ. Such actions are not reviewable in any other forum and cannot be restricted by Congress or the Courts.”

Those are the very activities for which Clark is charged in both the Georgia indictment and the DC Bar case. “Clark was a participant in the activities that are within the scope of the absolutely immune core constitutional powers,” says MacDougald. “If Trump is immune, Clark is immune.”

In addition, says Clark’s lawyer, “the Court held that there was a category of official conduct that was not absolutely immune, but ‘presumptively’ immune. But to prove a crime for conduct in the ‘presumptively’ immune category, no evidence can be introduced that would intrude on the President’s core constitutional powers.”

The Supreme Court, says MacDougald, “was keen to protect the exercise of core constitutional powers from intrusion, lest the President be deterred in the vigorous discharge of his duties. To prevent such intrusion, the Court prohibited the use of any evidence relating to the exercise of these core constitutional powers.”

As the Court explained: “If official conduct for which the President is immune maybe scrutinized to help secure his conviction, even on charges that purport to be based only on his unofficial conduct, the ‘intended effect’ of immunity would be defeated.”

MacDougald adds: “If evidence of Trump-to-DOJ communications cannot be introduced against Trump, they cannot be introduced against Clark.”

From a summary provided by the Court’s Reporter of Opinions:

“[T]he parties and the District Court must ensure that sufficient allegations support the indictment’s charges without such [core immune] conduct. Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial.”

And, says MacDougald, “all the evidence regarding Clark’s conduct is clearly and obviously within this zone of prohibited evidence. We made a motion in the DC Bar case to exclude all such evidence on the grounds that it intruded on the President’s core constitutional authorities. The motion was, of course, denied. But the decision in Trump v. US confirms that the Constitution prohibits the admissibility of the evidence against Mr. Clark at the Bar hearing.”

All of this relates to Trump v. US and, says MacDougald, “an additional and equally solid constitutional defense is that the Supremacy Clause prohibits inferior governments such as the State of Georgia or the District of Columbia from interfering with or intruding upon the operations of the federal government. The opinion in Trump v. US cements the validity of this argument because it irrevocably establishes that the conduct for which Clark is charged is within the scope of the President’s core constitutional authorities.”

There may not be much movement on either case right away, but MacDougald and his client are optimistic, and grateful. When I spoke with Clark on the phone he told me: “Despite threats of criminal contempt of Congress, disbarment, criminal prosecution in Georgia, the destruction of my career, enormous legal fees and being ostracized by the establishment legal community, I have stood fast on principle to protect the same core constitutional authorities of the Presidency that the Supreme Court upheld in Trump v US.  It has been a long and very difficult ordeal. I am strengthened by the prayers of those who support me and gratified by the vindication by the Supreme Court.

With Trump v US, the Roberts Court has sent a clear message to progressive activists who have weaponized the justice system to target their political opponents. The war may not be over, but this battle has been decisively won by the Constitution. It’s time to let Jeff Clark come home.

 

 

 

 

 

 

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