Up to Six Month Prison term requested for former FBI Attorney who admitted to falsifying email used in Russia Probe, “Crossfire Hurricane:”

Special Prosecutor John Durham emphasized a “need” for Kevin Clinesmith to be punished with up to six months of imprisonment 4 December, Lawandcrime reported. Clinesmith admitted to falsifying an email in the Russian Probe that investigated into whether individuals associated with the Donald J. Trump for President Campaign were coordinating activities with the Russian government. 

“Crossfire Hurricane” was the probe between U.S. elections and Russia and whether there was any interference or meddling. Thus far, no wrongdoing has been found by officials of the Trump administration.

The Attorney on the case is John Durham. AP had an interview with AG William Barr who stated that he had appointed Durham as Special prosecutor to continue his investigation through the Biden administration in October 2020.

The appointment authorizes Special Council John Durham to continue his investigation of wrongdoing by any officials during and before the Trump administration election period, if any exists.

The investigation expanded into that of a criminal one, with Kevin Clinesmith pleading guilty to falsifying documents in August.

“Society expects and requires better from attorneys and officers of the court, who take the oath to uphold the law and comply with their professional and ethical obligations,” the prosecutors wrote in the case against Kevin Clinesmith, law.com reported

FBI Attorney Admits Altering Email Used for FISA Application During “Crossfire Hurricane” Investigation DOJ

Former FBI attorney Kevin Clinesmith, 38, pleaded guilty 19 August in the U.S. District Court for the District of Columbia to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application, announced John H. Durham, Special Attorney to the Attorney General.

According to court documents and statements made in court, between July 2015 and September 2019, Clinesmith was employed with the FBI as an Assistant General Counsel in the National Security and Cyber Law Branch of the FBI’s Office of General Counsel in Washington, D.C.  On July 31, 2016, the FBI opened a Foreign Agents Registration Act investigation, known as “Crossfire Hurricane,” into whether individuals associated with the Donald J. Trump for President Campaign were coordinating activities with the Russian government.  By August 16, 2016, the FBI had opened cases under the Crossfire Hurricane umbrella on four individuals, including an individual identified in this case as “Individual #1.”

Clinesmith was assigned to provide legal support to FBI personnel working on Crossfire Hurricane, and he assisted FBI personnel with applications prepared by the FBI and the Justice Department’s National Security Division to conduct surveillance under the FISA.  During the investigation, there were a total of four court-approved FISA applications targeting Individual #1.  Each of the FISA applications alleged there was probable cause that Individual #1 was a knowing agent of a foreign power, specifically Russia.

On August 17, 2016, prior to the approval of the first FISA application #1, another U.S. government agency (“OGA”) provided certain members of the Crossfire Hurricane team a memorandum indicating that Individual #1 had been approved as an “operational contact” for the OGA from 2008 to 2013 and detailing information that Individual #1 had provided to the OGA concerning Individual #1’s prior contacts with certain Russian intelligence officers.  The first three FISA applications did not include Individual #1’s history or status with the OGA.

Prior to the submission of the fourth FISA application, and after Individual #1 stated publicly that he/she had assisted the U.S. government in the past, an FBI Supervisory Special Agent (“SSA”) asked Clinesmith to inquire with the OGA as to whether Individual #1 had ever been a “source” for the OGA.  On June 15, 2017, Clinesmith sent an email to a liaison at the OGA (“OGA Liaison”) seeking clarification as to whether Individual #1 was an OGA source, and the OGA Liaison responded via email to Clinesmith.  On June 19, 2017, Clinesmith altered the email he received from the OGA Liaison by adding the words “not a source,” and then forwarded the email to the FBI SSA.  Relying on the altered email, on June 29, 2017, the SSA signed and submitted the fourth FISA application to the U.S. Foreign Intelligence Surveillance Court.  The application did not include Individual #1’s history or status with the OGA.

Clinesmith pleaded guilty to one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.  Judge Boasberg scheduled sentencing for December 10, 2020.

This case is being prosecuted by Special Assistant U.S. Attorney Neeraj N. Patel and Assistant U.S. Attorney Anthony Scarpelli, with the support and assistance of other members of Special Attorney Durham’s team.

The timeline from the Senate files:

• June 2009: FBI NYFO interviews Carter Page, who “immediately advised [them] that due to his work and overseas experiences, he has been questioned by and provides information to representatives of [another U.S. government agency] on an ongoing basis.”1
•   Mar. 2, 2015: NY Times reports that Secretary Clinton uses private email account.2
•   July 10, 2015: FBI opens “Midyear Exam” investigation (MYE).3
•   Mar. 21, 2016: Carter Page joins the Trump campaign.4
•   Apr. 1, 2016: FBI HQ advises NYFO to investigate Carter Page (opened Apr. 6).5
•   May 2016: George Papadopoulos meets with a Friendly Foreign Government (FFG).6
•   May 4, 2016:

o Donald Trump becomes the presumptive GOP nominee.7
o FBI DAD Peter Strzok texts FBI Special Counsel Lisa Page: “Now the pressure really starts to finish MYE.” Page responds: “It sure does.”8

 July 5, 2016:
o FBI Director Comey statement ending MYE investigation9
o Christopher Steele provides an election report to FBI handling agent in Europe.10

•   July 22, 2016: WikiLeaks releases DNC emails.11
•   July 28, 2016:

o FBI HQ counterintelligence division (CD) receives FFG information.12 o FBI NYFO receives two Steele election reports.13

 July 28-31, 2016:14
o Neither CD AD Priestap nor EAD Steinbach want Strzok to lead the investigation

because of his personal relationship with L. Page and instances of Strzok-Page

bypassing the chain of command to advise FBI Deputy Dir. Andrew McCabe.15

o McCabe overrules decision to exclude Strzok.16
o Priestap rejects idea of defensively briefing Trump campaign.17

 July 31, 2016:
o FBI opens the “Crossfire Hurricane” investigation (CFH).18
o Strzok texts Page “And damn this feels momentous. Because this matters. The

other one did, too, but that was to ensure we didn’t F something up. This matters because this MATTERS. So super glad to be on this voyage with you.”19

Page 1 of 12

•   Aug. 6, 2016: Page texts Strzok: “And maybe you’re meant to stay where you are because you’re meant to protect the country from that menace.”20
•   Aug. 8, 2016: L. Page texts Strzok, “[Trump’s] not ever going to become president, right? Right?!” and Strzok replies, “No. No he’s not. We’ll stop it.”21
•   Aug. 10, 2016: FBI NYFO’s investigation of Carter Page is transferred to CFH.22
•   Aug. 11, 2016: Strzok texts L. Page: “So. You come up with a codename? ” Page responds, “Latitude.” Strzok responds, “[REDACTED] Yuuuuuge. Though we may save that for the man, if we ever open on him.”23
•   Aug. 15, 2016:

o CFH Case Agent 1 tells FBI OGC there is “a pretty solid basis” for requesting

FISA authority on C. Page.24

o FBI OGC responds that they “need more for P[robable C[ause]”25
o Strzok texts L. Page: “I want to believe the path you threw out for consideration in Andy [McCabe]’s office—that there’s no way he gets elected—but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40….”26
o Comey is briefed on CFH.27

•   Aug. 17, 2016: FBI and ODNI provide a strategic intelligence briefing for Trump and selected advisors.28 This briefing did not address the allegations contained in the FFG information;29 a CFH agent attends and memorializes the results of the briefing.30
•   Aug. 25, 2016: McCabe directs CFH to contact FBI NYFO for helpful information.31
•   Aug. 31, 2016: FBI joins ODNI’s strategic intelligence briefing for Trump.32
•   Sept. 8, 2016: Comey, DHS Secretary Jeh Johnson, and President Obama’s Homeland Security Advisor Lisa Monaco brief Members of Congress about the Russian Government’s attempts to interfere in the 2016 election. The briefers assured Members that the Administration had the matter under control and asked for Congress’s help in reinforcing public confidence in the election.33
•   Sept. 19, 2016: CFH team receives six Steele reports.34
•   Sept. 19, 2016: Strzok texts Page: “See, this is the crap that aggravates me: I specifically DIDN’T tell Bill about the new Intel we got on Fri on CH so that Jon [Moffa] could present it. Then Jon runs in this morning and does it without me. Whatever…”35
•   Sept. 23, 2016: Yahoo News publishes story about C. Page similar to Steele reporting.36
•   Sept. 26, 2016: C. Page ends association with the Trump campaign.37

•   Sept. 30, 2016: Strzok texts Page: “Hey I’m almost home, sorry. Remind me tomorrow what victoria nuland said.”38
•   Early Oct. 2016: Papadopoulos is dismissed from Trump campaign.39
•   Oct. 7, 2016: DNI and DHS attribute DNC hack to Russia40
•   Oct. 11, 2016: Steele meets at the State Department.41 ooo
•   Oct. 12, 2016: Comey and McCabe are briefed about Evans’ concerns by Priestap, Strzok, L. Page, and others;o
•   Oct. 13, 2016: FBI Transnational Organized Crime Section Chief informs DOJ Attorney Bruce Ohr that FBI counterintelligence agents were examining Steele’s reporting.48
•   Oct. 14, 2016: McCabe receives text message from an unknown individual: “Just called. Apparently the DAG [Yates] wants to be there, and WH wants DOJ to host. So we are setting that up now. We will very much need to get [REDACTED] view before we meet with her. Better, have him weigh in with her before the meeting. We need to speak with one voice, if that is in fact the case.”49
•   Oct. 18, 2016:

o Steele emails DOJ Attorney Bruce Ohr about a “quite urgent” matter to discuss.50 o Ohr schedules meeting with McCabe; Ohr meets with McCabe and L. Page, he

explains Steele’s connection to Glen Simpson and his wife, and they tell Ohr to contact the FBI if he heard again from Steele.51

o Either McCabe or L. Page briefs Strzok about their meeting with Ohr.52

•   Oct. 21 2016: FISC approves FISA warrant for Carter Page (Yates).53
•   Oct. 31, 2016: Mother Jones publishes article based on information from Steele.54
•   Nov. 1, 2016: FBI terminates relationship with Steele.55

Oct. 11, 2016:

After being asked three times by DOJ attorney Stu Evans, FBI responds that

Steele “had been paid to develop political opposition research”;42 DOJ holds

FISA application because of concerns of bias that may need to be disclosed to the court43

Strzok advises L. Page that, the IG writes, “support from McCabe might be necessary to move the FISA application forward.”44

Strzok texts Page: “Currently fighting with Stu [Evans] for this FISA.”45

Comey and McCabe both were “‘supportive’ of moving forward despite those concerns.”46

L. Page texts McCabe: “I communicated you and boss’s green light to Stu earlier.

. . . If I have not heard back from Stu in an hour, I will invoke your name to say you want to know where things are[.]”47

•   Nov. 8, 2016: Trump is elected President.
•   Nov. 9, 2016: FBI attorney instant messaged another FBI employee: “I am so stressed about what I could have done differently…I just can’t imagine the systematic disassembly of the progress we made over the last 8 years.”56
•   Nov. 17, 2016: FBI officially closes Steele as a source for cause.57 They discuss sending someone who can “assess … any new[] Q[uestion]s, or different demeanor.”59
•   Nov. 21, 2016: Bruce Ohr meets with L. Page, Strzok, and other FBI officials to discuss “Steele’s background and reliability as a source and to identify his source network.”60
•   Nov. 23, 2016: During a discussion of how much a subject was paid to work on the Trump campaign, an FBI colleague instant messaged an FBI attorney, “Is it making you rethink your commitment to the Trump administration?” The FBI attorney responds, “Hell no,” and “Viva le resistance.”61
•   Nov. 28, 2016: McCain Institute staffer meets with Steele in Europe. Staffer later obtains the Steele reports from Glen Simpson.62
•   Dec. 9, 2016: Sen. McCain provides Comey with 16 Steele election reports (including five reports that Steele had not given the FBI).63
•   Dec. 10, 2016: Ohr receives thumb drive from Simpson containing Steele’s reports.64

o Ohr gives thumb drive to the FBI.65
o Thumb drive contains all but one of the reports Sen. McCain provided Comey.66

Nov. 17, 2016: Strzok texts L. Page about the possibility of “develop[ing] potential relationships” at a November 2016 FBI briefing for the Trump presidential transition team staff.58

Dec. 15, 2016: Strzok texts L. Page, “Think our sisters have begun leaking like mad.

Scorned and worried and political, they’re kicking in to overdrive.”67

 Dec. 16, 2016:
o McCabe insists that Steele reporting is included in the Intelligence Community

Assessment (ICA) about Russian interference in the 2016 election;68 Comey informs DNI Director that FBI will submit the Steele reporting to the assessment.69

•   The Intel Section Chief said to the OIG, “The minute we put the [Steele election reporting] in there, it goes from what you’d expect the FBI to be collecting in a counterintelligence context to direct allegations about collusion with the Trump campaign.”70
•   CIA viewed Steele reporting as “not completely vetted” and “internet rumor”71

o Washington Post story, “FBI in agreement with CIA that Russia aimed to help Trump win White House.”72

o Strzok texts Page: “And just talked with Kortan, he was just on with editor of WP.” Page responds: “They going to change it?” Strzok said: “Not certain. Sounds like something. Mike [Kortan] was worried, like me, that the tone was WE [FBI] had shifted our position. Because the agency plays this game better than we do. Gotta say the new WP article angle really infuriates me – and Kortan echoed it – the notion that somehow we’ve come around to the agency’s position. The point now is there were a variety of motives. That’s [sic] been our position all along. Only the agency’s has changed. Why is that so hard to see? The re-write headline is still wrong – “FBI in agreement with CIA that Russia aimed to help Trump win White house”73

•   Dec. 19, 2016: Strzok texts Page: “I hope this upcoming presidency doesn’t fill my years with regret, wonderwishing [sic] what we might have done differently.”74
•   Dec. 20, 2016: Strzok texts Page: “Remind me [REDACTED] met with Bruce and got.[sic]more stuff today.” Page responds: “Yeah, lots to read, but it all stressed me Out [sic] too much.”75
•   Dec. 22, 2016: Page texts Strzok: “The election stuff makes me want to cry.” Strzok responds, “I know. Me too. And I don’t see it getting better…” Page responds: “As you said last night, I’m really scared for our country. And there’s practically no one I can talk to about it.”76
•   Dec. 22, 2016:77 Strzok texts L. Page: “Where it says we ‘changed’ our assessment to the Russians helping T.”

o Page texts Strzok: “Yup. Infuriating. The hrc stuff was accurate, the Russia stuff not really at all.”

o Strzok texts Page: “Again. Agency’s pr masterful, ours, meh. Yet THEY’RE resisting putting the C stuff in. Maybe there’s a lesson in there.”

o Page texts Strzok: “What the lesson?”
o Strzok texts Page: “Play the political game better. I don’t know. We seem toirritate everyone at every turn.”

•   Dec. 28, 2016: McCabe emails ODNI Principal Deputy Director objecting to CIA’s proposal to present Steele information in an appendix to the ICA.78o o o o
•   Early Jan. 2017: ICA is completed and includes a short summary and assessment of the Steele election reporting as an appendix.84
•   Jan. 3, 2017:85 Strzok texts L. Page: “Our material in the report is much better now. Don’t like an annex, but is what it is. Did you follow the drama over the P[residential] D[aily] B[riefing] last week?”

o L. Page: “Yup. Don’t know how it ended though.”
o Strzok: “They didn’t include any of it and Bill didn’t want to dissent.”
o L. Page: “Wow. Bill should make sure Andy knows about that, since he was

consulted numerous times about whether to include the reporting.”

•   Jan. 3, 2017: Strzok texts Page: “[Bill Priestap], like us, is concerned with over sharing. Doesn’t want Clapper giving CR cuts to WH. All political, just shows our hand and potentially makes enemies.” Page responds: “Yeah, but keep in mind we were going to put that in the doc on friday, with potentially larger distribution than just the dni.” Strzok says, “The question is should we, particularly to the entirety of the lame duck usic with partisan axes to grind.”86
•   Jan. 5, 2017: Clapper, Michael Rogers, Brennan, and Comey brief the ICA report to Obama and his national security team.87oo

o Congressional leadership briefed on ICA.90 

Jan. ?, 2017: FBI interviews Steele’s primary sub-source for the first time,79 and reports:

Steele’s reporting was “misstated or exaggerated,” and some of the primary sub-source’s information was based on “rumor and speculation”;80

“he/she never expected Steele to put the Primary Sub-source’s statements in reports or present them as facts”;81

“he/she made it clear to Steele that he/she had no proof to support the statements from his/her sub-sources and that ‘it was just talk’”;82

Information was “word of mouth and hearsay”; “conversations that [he/she] had with friends over beers”; statements made in ‘”jest.”83

Jan. 6, 2017:

Clapper, Brennan, Rogers, and Comey brief Trump on ICA at Trump Tower; after the briefing, pursuant to Clapper’s suggestion, Comey alone briefs Trump on Steele reporting.88

Comey told Trump that the “FBI did not know whether the allegations were true or false and that the FBI was not investigating them.”89

Jan. 7, 2017: Comey memorializes his discussion with Trump and writes, “I [] executed the session exactly as I had planned.”91

Page 6 of 12

•   Jan. 10, 2017: Buzzfeed publishes Steele reports after obtaining them from McCain Institute staffer.92
•   Jan. 12 2017: FISC grants 1st renewal for C. Page FISA (Yates).93
•   Jan. 20, 2017: Trump’s inauguration

o The same day before leaving the White House, National Security Advisor SusanRice sends herself an email memorializing an Intelligence briefing she attended with Obama on Jan. 5, 2017 that reportedly included a discussion on the Steele dossier and the FBI’s investigation.94

o Rice writes that that Obama stressed that he wanted “every aspect of this issue [] handled by the Intelligence and law enforcement communities [to be done] ‘by the book.’”95

•   Feb. 2, 2017: Strzok texts Page: “I mean, I feel like we’re living on borrowed time before some massively disastrous event.” Page responds: “Same here.”96
•   Mar. ?, 2017: FBI interviews Steele’s primary sub-source a second time.98
•   Apr. 7, 2017: FISC grants 2nd renewal for C. Page FISA (Boente).99 
•   May ?, 2017: FBI interviews Steele’s primary sub-source for the third time.101
•   May 9, 2017: Comey is fired.102
•   May 17, 2017: CFH transferred to Office of Special Counsel.103
•   May 19, 2017:104

o Strzok texts Page: “For me, and this case, I personally have a sense of unfinished business. I unleashed it with MYE. Now I need to fix it and finish it.”
o Strzok texts Page: “you and I both know the odds are nothing. If I thought it was

Priestap and states that “recent interviews and investigation [] reveal [Steele] may not be in a position to judge the reliability of his sub-source network.”97

Apr. 13, 2017: Strzok emails FBI colleagues: “I’m beginning to think the agency got infoa lot earlier than we thought and hasn’t shared it completely with us. Might explain allthese weird/seemingly incorrect leads all these media folks have. Would also highlight agency as source of some of the leaks.”100

Feb. 15, 2017: After interviewing a primary sub-source in January, Strzok emails likely I’d be there no question.

I hesitate in part because of my gut sense and concern there’s no big there there.”

June 19, 2017: FBI Attorney alters email to read that C. Page was not a source for another U.S. government agency105

•   June 29, 2017: FISC grants 3rd renewal for C. Page FISA (Rosenstein).106
•   July 27, 2017: McCabe removes Strzok from Special Counsel team.107
•   Sept. 22, 2017: FISA coverage of Carter Page ends.108
•   Dec. 2017: FBI memo for Congressional briefing states it “did not assess it likely that the [Steele election reporting] was generated in connection to a Russian disinformation campaign.”109
•   Dec. 12, 2017: Initial press reports on the content of the Strzok/Page text messages.110
•   Jan. 19, 2018: FBI notifies Congress that it did not preserve five months of Strzok/Pagetext messages.111
•   Jan. 23, 2018: Chairman Johnson releases Strzok-Page text messages. “no big there there” text released.112
•   Mar. 16, 2018: McCabe is fired.113
•   Apr. 19, 2018: Reports indicate DOJ OIG referred McCabe to federal prosecutors forlying.114
•   May 4, 2018: L. Page resigns from the FBI.115
•   June 14, 2018: IG Horowitz releases his 2016 election report.116
•   Aug. 10, 2018: Strzok is fired.117
•   Dec. 13, 2018: DOJ IG issues report about recovering 20,071 total Strzok/Page texts.118
•   Apr. 18, 2019: Mueller report becomes public.119
•   Dec. 9, 2019: IG Horowitz releases his FISA report.