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Durham zeroes in on Clinton campaign, could call some aides to testify, court memo reveals

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Justice is coming albeit very slowly unless the democrat commies find a way to shut it down.

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New court filing in Steele dossier source Igor Danchenko's criminal case shows prosecutors want to know if Clinton campaign knew false intel was going to FBI. Expert calls it an "incredible twist."

By John Solomon
Updated: December 21, 2021 - 10:47pm

Hillary Clinton's team long fought to keep its ties to Christopher Steele's dossier from public view, but Special Counsel John Durham is now making clear he has a strong interest in her campaign's behavior during the Russia collusion probe. He is even suggesting some of her aides could be summoned as trial witnesses.
Durham's earth-shaking revelation came inside a routine court filing this month in the case of Igor Y. Danchenko, a Russian analyst who was a primary source in 2016 for Steele's now-infamous dossier. Danchenko has been charged with repeatedly lying to the FBI during the Russia collusion probe and has pleaded innocent.
File
DanchenkoIndictment.pdf
Durham's motion asked the presiding judge to determine whether Danchenko's lawyers —Danny Onorato and Stuart Sears of the Schertler Onorato Mead & Sears law firm — pose a conflict of interest because the firm also represents the Hillary for America campaign as well as several former campaign officials in "matters before the special counsel."
"The Clinton Campaign financed the opposition research reports, colloquially known as the 'Dossier,' that are central to the Indictment against the defendant," the Durham team stated in the motion. "Accordingly, for the reasons set forth below, the government respectfully requests that the Court inquire into the potential conflict issues set forth herein."
File
DurhamMotionDanchenkoClintonConflicts.pdf
Prosecutors said they want to know what the Clinton campaign knew about the accuracy of the Steele dossier's now-discredited allegations of Trump-Russia collusion and whether any campaign "representatives directed, solicited, or controlled" Danchenko's activities assisting Steele.
"The interests of the Clinton Campaign and the defendant could potentially diverge in connection with any plea discussions, pre-trial proceedings, hearings, trial, and sentencing proceedings," the prosecutors told the court, often referring to the Steele dossier as "Company Reports."
"For example, the Clinton Campaign and the defendant each might have an incentive to shift blame and/or responsibility to the other party for any allegedly false information that was contained within the Company Reports and/or provided to the FBI," the Durham filing stated. "Moreover, it is possible that one of these parties might also seek to advance claims that they were harmed or defrauded by the other's actions, statements, or representations."
For the first time, Durham also raised the possibility aides to Hillary Clinton could testify at Danchenko's trial.
"In the event that one or more former representatives of the Clinton Campaign (who are represented by defense counsel's firm) are called to testify at any trial or other court proceeding, the defendant and any such witness would be represented by the same law firm, resulting in a potential conflict," Durham's team argued.
And for one of the first times, Durham's team declares to a court what it believes was the political motive for the Clinton campaign to pay its law firm, Perkins Coie, to hire the Fusion GPS investigative firm to hire the retired MI6 agent Steele to write the anti-Trump Russia reports known as the dossier.
"The Clinton Campaign, through Law Firm-1 and U.S. Investigative Firm-1, commissioned and financed the Company Reports in an attempt to gather and disseminate derogatory information about Donald Trump," the filing stated.
In all, the latest Durham court filing identifies five areas where the prosecutor's case may pose a conflict, including:
  • the Clinton campaign's "knowledge or lack of knowledge concerning the veracity of information" in the dossier created by Steele with help from Danchenko;
  • the Clinton campaign's "awareness or lack of awareness of the defendant's collection methods and sub-sources";
  • "meetings or communications" between the Clinton campaign, Fusion GPS and Steele "regarding or involving" Danchenko;
  • "the defendant's knowledge or lack of knowledge regarding the Clinton Campaign's role in and activities surrounding the" Steele dossier;
  • And "the extent to which the Clinton Campaign and/or its representatives directed, solicited, or controlled" Danchenko's activities.
"On each of these issues, the interests of the Clinton Campaign and the defendant may diverge," the court filing explained.
The memo gives the most detailed explanation to date of Durham's interest in the Clinton campaign and its potential exposure in his criminal investigation, surprising even some veteran Russiagate investigators.
"He is moving forward methodically against the largest organized criminal enterprise to ever take down a presidential election," said Kash Patel, the former chief investigative counsel for the House Intelligence Committee. Patel worked with Rep. Devin Nunes, the committee's chairman, to expose the bogus Russia collusion narrative as a political dirty trick that fed opposition research to the FBI to cause Trump to be investigated on false pretenses.
Patel, a former federal prosecutor and adviser to Trump, told the John Solomon Reports podcast that the memo is "an unbelievable twist" in the Russia case. He said the fact that the law firm representing the Clinton campaign is the same one representing Danchenko was certain to raise questions.
"You have to ask yourself why," he said. "Why would the Clinton campaign lawyers go and represent the Steele dossier's No. 1 source, who has been charged federally with five counts of lying to the FBI in a 39-page indictment that cites Clinton campaign former staffers?
"There is no such thing as coincidences in these types of investigations."
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6 New Revelations From The John Durham Spygate Probe​

BY: MARGOT CLEVELAND
JANUARY 26, 2022
11 MIN READ
Special Counsel John Durham swears in

IMAGE CREDITNEWSWEEK / YOUTUBE
With Michael Sussmann’s lawyers soon to receive a cache of complaints against John Durham’s team, watch for the corrupt media to be quoting those false charges by this weekend
Author Margot Cleveland profile

MARGOT CLEVELAND
VISIT ON TWITTER@PROFMJCLEVELAND

On Jan. 25, Special Counsel John Durham filed a “discovery update” and a request for an extension of time to provide Michael Sussmann documents related to the government’s pending criminal case against the former Hillary Clinton campaign lawyer.
The 19-page court filing reveals some fascinating details about the Sussmann case, the broader special counsel investigation, and most intriguingly an apparent rift between Durham’s team and the Office of Inspector General. Here’s a quick refresher of the case, followed by five takeaways.

What’s Happened So Far​

On September 16, 2021, the special counsel’s office filed a one-count indictment against Sussmann, who served as a lawyer for the Clinton campaign during the 2016 election. The indictment charged that Sussmann had lied to FBI General Counsel James Baker when he provided him information that purported to show the Trump organization had established a secret channel to communicate with a Russian bank, Alfa Bank.
Specifically, according to the indictment, “Sussmann lied about the capacity in which he was providing the allegations to the FBI,” with Sussmann falsely stating “he was not doing his work on the aforementioned allegations ‘for any client.’” In fact, though, the indictment charged, Sussmann was acting on behalf of “a U.S. technology industry executive at a U.S. Internet company”—later identified as Rodney Joffe—and “the Hillary Clinton Presidential Campaign.”
Before the 2016 election, the Clinton team also pushed claims to the press of a Trump-Alfa Bank covert communication channel, with Slate publishing a detailed story on this conspiracy theory the week before the election. The FBI later concluded there was nothing to the story and then turned its attention to claims of a broader Trump-Russia collusion for the next three years.
But by May 2019, the investigators had become the investigated, with then-Attorney General William Barr directing Durham “to investigate certain intelligence and law-enforcement activities surrounding the 2016 presidential election.” Prior to the 2020 election, Barr appointed Durham as a special counsel, and for the last year-and-a-half he has continued in that role, albeit with little fanfare.

1. There’s Much More to Come​

In fact, Sussmann represents only the third individual charged as a result of Durham’s probe. In August 2020, FBI lawyer Kevin Clinesmith pleaded guilty to altering an email to push forward the FISA surveillance application against Carter Page. On November 4, 2021, Durham charged Igor Danchenko, Christopher Steele’s primary sub-source, with five counts of lying to the FBI.
Now, with Monday’s filing in the Sussmann case, there is reason to believe more is to come—much more. And that’s the first take-away.

2. Criminal Investigation of Sussmann Afoot​

There is an “active, ongoing criminal investigation” of Sussmann’s conduct.
After news broke of the indictment against Sussmann, the left quickly spun the charge as a big nothing-burger. “Is that all John Durham Has?,” more than one commentary asked.

Of course the indictment of Danchenko a little over a month later proved that wasn’t the case, but even before Durham charged Danchenko, the media should have known more was to come. After all, when the special counsel’s office charged Sussmann, it should have been clear from Durham’s timing that he was trying to outrun the clock on the five-year statute of limitations: With Sussmann’s alleged lie to Baker occurring on September 19, 2016, the special counsel team had to file the indictment when it did to prevent the charge from being time-barred.
That Durham was not done seemed clear from the 27-page speaking indictment that, among other details, revealed that in crafting the Trump-Alfa Bank narrative, computer researchers working with Joffee “accessed ‘data of an Executive Branch office of the U.S. government,’ which ‘Internet Company-I had come to possess as a sub-contractor in a sensitive relationship between the U.S. government and another company.’”
And while Danchenko’s indictment makes clear the special counsel’s office was not done in general, yesterday’s filing by the special counsel suggests he isn’t even done with Sussmann.
“The Government also maintains an active, ongoing criminal investigation of the defendant’s conduct and other matters,” Monday’s court filing explained on its opening page. Special Counsel Durham’s office repeated that point two more times, adding more texture in the third instance: “In addition, the Special Counsel’s office maintains an active, ongoing criminal investigation of these and other matters that is not limited to the offense charged in the Indictment.”
So, no, this offense is not all Durham has, either in general, or potentially related to Sussmann.

3. Marc Elias Called Before the Grand Jury​

Another significant revelation from yesterday’s court filing concerned Sussmann’s Perkins Coie colleague, Marc Elias, the top lawyer for the Hillary Clinton campaign.
Elias, identified in the Sussmann indictment and the government’s discovery update as “Campaign Lawyer-1,” provided sworn grand jury testimony, according to the special counsel’s office. That revelation proves significant given that Elias served as an attorney for the Clinton campaign and thus attorney-client privilege would generally protect communications related to the legal work performed.
However, as the attorney known by the moniker Techno Fog noted, “the fact that Marc Elias, the DNC/Clinton lawyer, was before a grand jury. . . indicates Durham has used the ‘crime-fraud exception’ to compel disclosure of information and to elicit testimony.”
The crime-fraud exception provides that communications are not protected by attorney-client privilege if a client seeks advice from an attorney to plan or commit a crime. If Durham did successfully use the crime-fraud exception to question Elias or force the production of documents, that would be a huge development, especially given Elias’s role in hiring Fusion GPS, which hired Steele.
But there’s much more than Marc.

4. Many Others Called Before Grand Jury​

Elias was not the only one called before the grand jury, as Durham’s team laid out in Monday’s filing in an effort to obtain an extension to the discovery deadline.
In addition to Elias, the grand jury heard sworn testimony from James Baker; Bill Priestap; the assistant director of the FBI’s counterintelligence division; a former FBI deputy assistant director for counterintelligence; an FBI special agent; an FBI headquarters supervisory special agent; two CIA employees; two employees of Georgia Tech; and a former employee of one of the internet companies identified in the indictment.
Also significant was the list of individuals or companies served with grand jury subpoenas for documents, which included the Clinton campaign; “a political organization,” likely the Democratic National Committee; Perkins Coie; three internet companies connected to Joffe; Georgia Tech; Fusion GPS; and “a public relations firm that advised [Perkins Coie] concerning public statements issued in 2018 about the [Sussmann’s] meeting with the former FBI General Counsel.”
The full list of materials provided to Sussmann’s legal team added additional insights into the breadth of the special counsel’s investigation, including the fact that Durham’s team conducted at least 94 interviews. In addition to Baker and Priestap, Durham’s team interviewed more than 24 other current or former FBI employees, numerous CIA employees, a dozen employees at various internet companies connected to Joffe, as well as an employee of Joffe’s, the former chairman of Perkins Coie, a former employee of the Clinton campaign, and four current and former employees of Georgia Tech.
Likewise interesting is that the special counsel’s office turned over to Sussmann 12 transcripts of interviews conducted by the DOJ’s Office of Inspector General in connection with the OIG’s investigation of Crossfire Hurricane. That Durham had these documents suggests the special counsel’s office is reviewing what the OIG compiled as part of its own investigation.
A final tidbit of note: The special counsel’s office provided Sussmann nearly 400 emails its team had retrieved from the FBI’s holdings that were sent to, received from, or copied to Sussmann’s Perkins Coie email address from January of 2016 through June of 2017. That’s a lot of email messages: To whom at the FBI was Sussmann communicating during that time period, and about what?

5. The Court of Public Opinion​

In addition to detailing all of the information the special counsel’s office had already provided Sussmann or would shortly, in requesting an extension to finish discovery, Durham’s team stressed the breadth of Sussmann’s discovery demands and the transparency with which those demands were met.
For instance, Sussmann’s attorneys requested “all of the prosecution team’s communications with counsel for witnesses or subjects in this investigation, including, ‘any records reflecting any consideration, concern, or threats from your office relating to those individuals’ or their counsels’ conduct…and all formal or informal complaints received by you or others’ about the conduct of the Special Counsel’s office.”
After noting that “communications with other counsel are rarely discoverable,” the government said it expects to produce responsive documents later this week. But the special counsel office added, “it is doing so despite the fact that certain counsel persistently have targeted prosecutors and investigators on the Special Counsel’s team with baseless and polemical attacks that unfairly malign and mischaracterize the conduct of this investigation.”
For instance, “certain counsel have falsely accused the Special Counsel’s Office of leaking information to the media and have mischaracterized efforts to warn witnesses of the consequences of false testimony or false statements as ‘threats’ or ‘intimidation,’” Durham explained to the court.
In other words, with Sussmann’s lawyers soon to receive this cache of complaints against Durham’s team, watch for the corrupt media to be quoting those false charges by this weekend, spinning a narrative of a corrupt special counsel’s office.

6. Wait! WHAT?​

Near the end of the special counsel’s 19-page discovery update and extension request came the fifth takeaway: something strange is going on in the Office of Inspector General.
According to yesterday’s filing, on December 17, 2021, the OIG provided the special counsel’s office a written forensic report concerning a “cyber-related matter” that Sussmann had told an OIG special agent in charge about. Specifically, in early 2017, Sussmann told the OIG agent that one of his “clients had observed that a specific OIG employee’s computer was ‘seen publicly’ in ‘Internet traffic’ and was connecting to a Virtual Private Network in a foreign country.”
When the OIG office provided Durham’s team the “forensic report,” it represented “that it had ‘no other file[] or other documentation’ relating to this cyber matter.”
However, one week ago, Sussmann’s attorneys informed Durham’s team that Sussmann had, in fact, personally met with the DOJ’s inspector general in March 2017, when he passed on the tip about the OIG employee’s connection to a foreign VPN. While Sussmann had not told the OIG his client’s name at the time, last week his lawyers informed Durham’s team that it was Tech Executive-1, i.e., Joffe, who had discovered the OIG employee’s computer connecting to a VPN in a foreign country.
Upon learning this news, Durham’s team promptly contacted the OIG again and learned, for the first time, that Sussmann had met with both the inspector general and his then-general counsel in March 2017 about the above-described cyber matter. Since then, including over this last weekend, the OIG has been providing further documentation related to that meeting to the special counsel’s office.
So many questions! First, why did the OIG not inform the special counsel’s office that Sussmann had met with both the inspector general and his then-general counsel? And why did the OIG falsely represent that there was no “further documentation”? Sure, it could have been accidental, but given that Durham’s attorneys publicly exposed this “mistake,” it suggests something more is afoot.
Then there is the question of the veracity of the claim and what happens to the investigation. Was there really an OIG employee connecting on a foreign VPN? Who was it? Why? Did the OIG ever find out?
What about Joffe: How in the world did he discover the OIG employee’s computer connecting to a VPN in a foreign country? Was Joffe monitoring other government computers? How? Why? Was anyone else involved? Who knew?
These questions seem significant given that Sussmann’s meeting with the OIG occurred in March 2017, putting the “discovery” during the Trump administration and ongoing Crossfire Hurricane investigation. With questions like these just arising now, no wonder Durham isn’t done yet with his investigation.


Margot Cleveland is a senior contributor to The Federalist. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.
 

Paul Sperry: What Did Clinton Know and When Did She Know It? The Russiagate Evidence Builds​

By Jim Hoft
Published January 27, 2022 at 9:50am
hillary-russia-1.jpg

Guest post with permission from Real Clear Investigations.
Authored by Paul Sperry
January 27, 2022
As indictments and new court filings indicate that Special Counsel John Durham is investigating Hillary Clinton’s 2016 campaign for feeding false reports to the FBI to incriminate Donald Trump and his advisers as Kremlin agents, Clinton’s role in the burgeoning scandal remains elusive. What did she know and when did she know it?
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Top officials involved in her campaign have repeatedly claimed, some under oath, that they and the candidate were unaware of the foundation of their disinformation campaign: the 35-page collection of now debunked claims of Trump/Russia collusion known as the Steele dossier. Even though her campaign helped pay for the dossier, they claim she only read it after BuzzFeed News published it in 2017.
But court documents, behind-the-scenes video footage and recently surfaced evidence reveal that Clinton and her top campaign advisers were much more involved in the more than $1 million operation to dredge up dirt on Trump and Russia than they have let on. The evidence suggests that the Trump-Russia conspiracy theory sprang from a multi-pronged effort within the Clinton campaign, which manufactured many of the false claims, then fed them to friendly media and law enforcement officials. Clinton herself was at the center of these efforts, using her personal Twitter account and presidential debates to echo the false claims of Steele and others that Trump was in cahoots with the Russians.
Although Clinton has not been pressed by major media on her role in Russiagate, a short scene in the 2020 documentary “Hillary” suggests she was aware of the effort. It shows Clinton speaking to her running mate, Democratic Sen. Tim Kaine, and his wife, Anne, in hushed tones about Trump and Russia in a back room before a campaign event in early October 2016. Clinton expressed concerns over Trump’s “weird connections” to Russia and its president, Vladimir Putin. She informed Kaine that she and her aides were “scratching hard” to expose them, a project Kaine seemed to be hearing about for the first time.
“I don’t say this lightly,” Clinton whispered, pausing to look over her shoulder, “[but Trump’s] agenda is other people’s agenda.”
“We’re scratching hard, trying to figure it out,” she continued. “He is the vehicle, the vessel for all these other people.”
The two then discussed “all these weird connections” between the Trump campaign and Russia. Kaine brought up former Trump Campaign Manager Paul Manafort, and Clinton expressed suspicion about Trump’s then-national security adviser, ret. Lt. Gen. Michael Flynn, “who is a paid tool for Russian television.”
Added Clinton: “This is what scares me … the way that Putin has taken over the political apparatus, or is trying to — .” At that point, a media handler interrupted them over some staging issues, and they stopped discussing Trump and Russia.
Both Manafort and Flynn had been cited in dossier reports submitted to the Clinton campaign before the two Democratic nominees had their October 2016 conversation. The dossier falsely accused Manafort, Flynn and other Trump advisers of participating in a Kremlin conspiracy to steal the election for Trump.
Dossier author Christopher Steele himself has suggested Clinton was briefed on his reports. On July 5, 2016 — the same day the FBI publicly exonerated Clinton in her email scandal — Steele handed off the first installments of the dossier to an FBI agent overseas who had handled him previously as an informant. In their London meeting, Steele noted that Clinton was aware of his reporting, according to contemporaneous notes Steele took of their conversation.
“The notes reflect that Steele told [his FBI handler Michael Gaeta] that Steele was aware that ‘Democratic Party associates’ were paying for [his] research; the ‘ultimate client’ was the leadership of the Clinton presidential campaign; and ‘the candidate’ was aware of Steele’s reporting,” Justice Department watchdog Michael Horowitz wrote in his 2019 report examining the FBI’s use of the dossier to justify spying on Trump campaign adviser Carter Page.
Later that same month, during the Democratic National Convention in Philadelphia, the CIA picked up Russian chatter about a Clinton foreign policy adviser who was trying to develop allegations to “vilify” Trump. The intercepts said Clinton herself had approved a “plan” to “stir up a scandal” against Trump by tying him to Putin. According to handwritten notes, then-CIA chief John Brennan warned President Obama that Moscow had intercepted information about the “alleged approval by Hillary Clinton on July 26, 2016, of a proposal from one of her foreign policy advisers to vilify Donald Trump.”
At the convention, Clinton foreign policy adviser Jake Sullivan drove a golf cart from one TV-network news tent in the parking lot to another, pitching producers, anchors, correspondents and even some NBC network executives a story that Trump and his advisers were in bed with Putin and possibly conspiring with Russian intelligence to steal the election. He also visited CNN and MSNBC, as well as Fox News, to spin the Clinton campaign’s unfounded theories. Sullivan even sat down with CNN honcho Jeff Zucker to outline the opposition research they had gathered on Trump and Russia.
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Jake Sullivan
Sullivan’s title was misleading. He was far more than a foreign policy adviser to Clinton. His portfolio included campaign strategy.
“Hillary told Sullivan she wanted him to take over [her campaign],” journalists Amie Parnes and Jonathan Allen reported in their 2017 bestseller, “Shattered: Inside Hillary’s Doomed Campaign.” “You’re going to be my traffic cop and my rabbi, she told Sullivan, adding that he would be her de facto chief strategist.”
Sullivan was included in “every aspect of her campaign strategy,” they wrote, because “no one on the official campaign staff understood Hillary’s thought process as well as Sullivan.”
Now serving in the White House as President Biden’s national security adviser, Sullivan has denied under oath knowing details about the dossier project.
Sullivan spread the anti-Trump rumors behind the scenes while Clinton Campaign Manager Robby Mook went in front of the cameras to echo essentially what Steele, a former British intelligence officer, had reported back to the campaign.
“Experts are telling us that Russian state actors broke into the DNC, stole these emails, and other experts are now saying the Russians are releasing these emails for the purpose of actually helping Donald Trump,” Mook told CNN’s Jake Tapper at the convention. He made the same allegations on ABC News’ “This Week,” anchored by George Stephanopoulos, who served as White House communication director during Bill Clinton’s presidency..
Hillary Clinton campaign Communications Director Jennifer Palmieri has acknowledged that they were all bent on casting a “cloud” of suspicion over Trump and seeding doubt about his loyalties by suggesting “the possibility of collusion between Trump’s allies and Russian intelligence.”
“We were on a mission to get the press to focus on the prospect that Russia had not only hacked and stolen emails from the Democratic National Committee, but that it had done so to help Donald Trump and hurt Hillary Clinton,” Palmieri stated in a 2017 Washington Post column. “We wanted to raise the alarm.”
It’s not known if their media blitz was coordinated with Glenn Simpson, the Clinton campaign’s opposition-research contractor who hired Steele for $168,000. But Simpson also attended the convention in Philadelphia, and at the same time Clinton’s top people were making the TV media rounds, Simpson and his Fusion GPS co-founder, Peter Fritsch, were meeting with the New York Times and other major print media outlets to pitch Russia “collusion” stories, focusing primarily on Manafort. Bad publicity from the planted stories would later pressure Trump to dump Manafort as his campaign manager.
That same week, Simpson worked with ABC News correspondent Brian Ross on a since-debunked story framing Trump supporter Sergei Millian as a Russian spy. Simpson also told Ross that Trump was involved in shady business deals in Moscow. Simpson set up Ross’ interview with Millian through ABC producer Matthew Mosk, an old Simpson friend.
Then in September 2016, ABC’s “Good Morning America,” which is co-hosted by Stephanopoulos, aired parts of the Millian report. Later that day, Hillary Clinton tweeted out a campaign video incorporating heavily edited quotes from Millian and suggesting they were more evidence Trump was “an unwitting agent of the Russian Federation.” Above the video she posted on Sept. 22, Clinton personally tweeted: “The man who could be your next president may be deeply indebted to another country. Do you trust him to run ours?”
In effect, Clinton broadcast to her millions of followers a story her campaign had helped manufacture through a paid contractor.
Durham’s ongoing investigation has found that core parts of the dossier were fabricated and falsely attributed to Millian as their source, including the foundational claim of a “well-developed conspiracy of cooperation” between Russia and Trump. Durham reported that Steele’s main collector of information – onetime Brookings Institution analyst Igor Danchenko – never even spoke with Millian, as he had claimed, but simply made up the source of the most explosive information in the dossier.
Durham recently indicted Danchenko for lying to the FBI about Millian.
The day after Clinton’s false tweet about Millian and Trump, her campaign released a statement by senior national spokesman Glen Caplin touting a “new bombshell report” by Yahoo News that revealed the FBI was investigating “Trump’s foreign policy adviser” for suspected links to the Kremlin.
“It’s chilling to learn that U.S. intelligence officials are conducting a probe into suspected meetings between Trump’s foreign policy adviser Carter Page and members of Putin’s inner circle while in Moscow,” according to the statement, which attached the Sept. 23, 2016, Yahoo article in full and noted the report came on the heels of ABC’s story about Millian.
“Just one day after we learned about Trump’s hundreds of millions of dollars in undisclosed Russian business interests,” Caplin’s statement continued, “this report suggests Page met with a sanctioned top Russian official to discuss the possibility of ending U.S. sanctions against Russia under a Trump presidency – an action that could directly enrich both Trump and Page while undermining American interests.”
“We’ve never seen anything like this in American politics,” the Clinton campaign statement added with alarm. “Every day seems to cast new doubts on what’s truly driving Donald Trump’s decision-making.”
But the Yahoo story about Page’s nefarious Kremlin meetings was apocryphal. Its main source was Steele, whose identity was hidden in the story. Yahoo reporter Michael Isikoff had interviewed Steele in a room at a Washington inn booked by Simpson. The FBI nonetheless cited the article to support its applications to a secret federal court for authority to spy on Page, claiming it corroborated the dossier’s allegations, even though they were one and the same.
Here again, Clinton’s team hyped as a “bombshell” Trump-Russia revelation a media report that it helped craft from opposition research it commissioned and from FBI interest it generated. All of this was hidden from voters.
It was also in September that then-Clinton campaign attorney Michael Sussmann planted at FBI headquarters the manufactured allegation that Trump had set up a “secret hotline” to Putin through Russia-based Alfa Bank. Steele had filed a campaign report about the bank’s ties to Putin around the same time.
Durham last year indicted Sussmann for lying to the FBI, detailing how the lawyer and Simpson had collaborated with a team of anti-Trump, pro-Clinton computer researchers to draft a technical report for the FBI and media allegedly connecting Trump to Alfa Bank through email servers. Simpson, in turn, worked with Slate reporter Franklin Foer to craft a story propagating the allegation, even reviewing his piece in advance of publication.
Foer’s story broke on Oct. 31, 2016. That same day, Sullivan hyped the story on Twitter, claiming in a written campaign statement that Trump and the Russians were operating a “secret hotline” through Alfa Bank and speculating “federal authorities” would be investigating “this direct connection between Trump and Russia.” He portrayed the discovery as the work of independent experts — “computer scientists” — without disclosing their connections to the campaign.
“This could be the most direct link yet between Donald Trump and Moscow,” Sullivan proclaimed.

‘October Surprise’ That Wasn’t​

Clinton teed up that statement in an Oct. 31 tweet of her own, which quickly went viral. She warned voters: “Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.”
Also that day, Clinton tweeted, “It’s time for Trump to answer serious questions about his ties to Russia,” while attaching a meme that read: “Donald Trump has a secret server. It was set up to communicate privately with a Putin-tied Russian bank called Alfa Bank.”
At the same time that Simpson was working Slate, he leaked to a friend at the New York Times that the FBI had evidence of the Trump-Alfa link, providing the Times and other friendly media outlets a serious news hook to publish the unfounded rumors on the eve of the November election.
The Alfa smear was meant as an “October surprise” that would rock the Trump campaign and take media focus off the probe of Clinton’s emails, which then-FBI Director James Comey had been pressured by a New York agent to revive in the final week of the campaign. Clinton’s team had even “prepared a video promoting the Trump-Alfa Bank server connection and was poised to make an all-out push through social media,” according to Isikoff and David Corn in their book, “Russian Roulette.” But “that plan was canned,” they wrote because the Oct. 31 Times story noted that the FBI had not been able to corroborate the claims of a cyber-link. The skepticism cooled the media firestorm the campaign had hoped for.
“We had been waiting for the Alfa Bank story to come out,” Clinton Campaign Chairman John Podesta told Isikoff and Corn. “Then — boom! — it gets smacked down.”
In congressional testimony, Podesta has largely claimed ignorance about the campaign’s opposition-research efforts.
In Durham’s indictment of Sussmann for lying to the FBI about his work for the Clinton campaign while feeding them the Alfa Bank story, prosecutors revealed that Sussmann’s partner Marc Elias kept Clinton campaign bigwigs in the loop about the project to manufacture a Trump-Russian bank conspiracy, which the FBI months later completely debunked. Emails obtained by Durham’s investigators show the lawyer had briefed top Clinton campaign officials Sullivan, Palmieri and Mook about the Alfa smear in September 2016. “Elias kept Clinton campaign members informed,” the indictment said.
Sullivan, who now serves as President Biden’s national security adviser, maintained in December 2017 congressional testimony he didn’t even know that the politically prominent Elias worked for Perkins Coie, a well-known Democratic law firm representing the Clinton campaign. Major media stories from 2016, however, routinely identified Elias as “general counsel for the Clinton campaign” and a “partner at Perkins Coie.”
“To be honest with you, Marc wears a tremendous number of hats, so I wasn’t sure who he was representing,” Sullivan testified. “I sort of thought he was, you know, just talking to us as, you know, a fellow traveler in this – in this campaign effort.”
Veteran FBI investigators doubt Sullivan or his boss were in the dark about the campaign-funded work of Elias, Sussmann, Simpson or Steele and other campaign operations designed to make Trump look compromised by a foreign adversary.
“Durham is telling us that this Alfa Bank hoax – and probably related matters – were Clinton campaign ops at the very highest level,” former FBI counterintelligence agent and lawyer Mark Wauck noted. “How credible is it to suppose that Hillary herself wasn’t in the know?”
Durham’s investigators have been questioning Elias under subpoena. A new court filing in the Sussmann case reveals that Elias has given testimony before a criminal grand jury impaneled by Durham in Washington, D.C.
Grand jury testimony is sealed and it’s not known what Elias told prosecutors. But In 2017, he testified in a closed-door session of Congress that Mook was his campaign contact for opposition-research projects, including the dossier. “I consulted with Robby Mook, who was campaign manager,” he said, noting that Mook handled budget matters and signed off on opposition-research expenses billed by Perkins Coie, which totaled more than $1.2 million.
While Mook has not been questioned under oath on the Hill, he told CNN: “I didn’t know that we were paying the contractor that created that document.”
“What I’ve known [about the dossier] is what I’ve read in the press,” he claimed. Mook said he doesn’t recall seeing the dossier memos during the campaign. “I just can’t attribute to what piece of information, you know, came to us at one time or where it came from, frankly. You know, as campaign manager, there’s a lot going on.”
Mook added that he wasn’t sure who was gathering the information for the dossier: “I don’t know the answer to that. … I wish we paid more attention to it on the campaign.”

Elias Met Simpson Often​

In his testimony, Elias said he met with Simpson and other Fusion GPS researchers at least 20 times and Steele at least once during the campaign. He said he would receive written reports from them and direct them to find certain information. He, in turn, would travel each week to Clinton campaign headquarters in Brooklyn, N.Y., to report what he had learned about Trump and Russia.
However, Elias insisted he left his interlocutors in the dark about the sources of that information, for which the campaign was paying him in excess of $1 million. He also insisted he didn’t tell his campaign contacts about his meetings with Steele or Simpson, despite billing the campaign for such consultations, and never shared the dossier reports or other materials they generated with those Clinton officials. Elias even maintained that he hired Fusion GPS on his own without consulting with Mook or the campaign. “I was the gatekeeper,” he said, between the research contractors and the campaign.
According to “Russian Roulette,” however, Elias shared the findings of Steele’s memos with at least Mook. “Elias would at times brief Mook on their contents,” Isikoff and Corn wrote.
Podesta has testified that he, too, had no idea Steele and Fusion GPS were on the campaign’s payroll and didn’t read the dossier until BuzzFeed posted it online after the election.
Under oath, Podesta denied speaking with Clinton about the dossier even after the election: “I don’t know that I’ve ever discussed the dossier with Mrs. Clinton.” He also swore Clinton never talked to him about opposition research, in general, or who the campaign might hire to conduct it.
The campaign’s in-house opposition research team, led by chief researcher Christina Reynolds, was under the direction of Palmieri, the head of communications who is close to Clinton.
Former Bill Clinton political strategist Doug Schoen said it stretches credulity to suggest that top officials in the Clinton camp, including the candidate herself, weren’t fully aware of the research their campaign attorney was billing them for.
“With more than 380 payments from the Clinton campaign and the DNC being made to Perkins Coie, it is seemingly impossible that the candidate herself would not have direct knowledge of the purpose of those payments or any earmarks being made, especially those for Fusion GPS,” Schoen said.
Quoting unnamed Clinton surrogates, both the New York Times and CNN have reported that the candidate was unaware of the dossier prior to BuzzFeed publishing it two months after the 2016 election. Former Clinton campaign spokesman Brian Fallon told CNN in a separate interview she may not have been totally out of the loop, however. “She may have known [about the dossier and its financing before the election],” he said, “but the degree of exactly what she knew is beyond my knowledge.”
A senior congressional investigator who insisted on anonymity said the denials are hard to believe and described them as an effort to insulate Clinton from a major undertaking of her campaign that has proved scandalous, if not criminal. “The biggest lie is Hillary didn’t know about any of this oppo stuff even though she tweeted about it!” he said.
Clinton also appeared to cite dossier disinformation in the presidential debates, casting further doubt on claims she was walled off from such opposition research. In the final debate, for example, Clinton accused Trump of being Putin’s “puppet” and accepting his “help” in sabotaging her campaign, drawing conclusions similar to ones made in the dossier. She claimed Trump did what the dossier falsely claimed he did — conspiring with the Russian government to hack her campaign and steal emails — though she allegedly never read Steele’s reports.
“You encouraged espionage against our people,” Clinton said on Oct. 19, 2016.

Durham Inching Closer​

With each new indictment and court filing, Clinton inches closer to the center of the special prosecutor’s investigation, now in its third year.
Durham indicated in a recently filed court document that he is actively investigating the Clinton campaign and seeks to question its top officials. His office declined to say whether it intended to question Clinton herself.
Durham’s recent indictments of Sussmann and subcontractor Danchenko implicate key campaign figures and make clear that the Clinton campaign’s influence on the contents of the dossier was much deeper than previously known.
For instance, Durham found that a longtime Clinton insider and campaign adviser — Charles Dolan — was a key source for the dossier and most likely originated the false “pee tape” rumor involving Trump and Moscow prostitutes. It seems likely that he acted as an intermediary between the campaign and Steele’s primary sub-source, Danchenko, with whom he communicated. In 2016, Dolan “actively campaigned and participated in calls and events as a volunteer on behalf of Hillary Clinton,” according to the Danchenko indictment.
In other words, the Clinton campaign not only funded the Russia dirt on Trump but provided some of the actual sourcing for it. Campaign operatives, in turn, laundered the dirt through the FBI and into the mainstream media to damage Trump.
In a related filing in the Danchenko case, Durham noted that his “areas of inquiry” include investigating “the extent to which the Clinton campaign and/or its representatives directed, solicited or controlled the defendant’s [Danchenko’s] activities” surrounding the dossier. He also indicated prosecutors want to find out whether the campaign knew Danchenko and Steele were funneling false information to the FBI, and intend to summon “multiple former employees of the campaign” as trial or grand jury witnesses.
In the Sussmann case, Durham’s agents have already questioned one “former employee of the Clinton campaign” and subpoenaed Clinton campaign records, according to a new document filed by Durham earlier this week.
Sources familiar with his probe say Durham ultimately is investigating the Clinton campaign for, among other things, alleged conspiracy to defraud the FBI, the Justice Department and the Pentagon’s research arm, which provided funding and sensitive Internet logs to Clinton operatives who helped fabricate the Alfa Bank hoax.
Danchenko and the Clinton campaign, including Podesta and other officials, happen to share the same D.C. law firm – Schertler & Onorato – which gives the appearance that the Clinton campaign and the main source of the dossier have entered into a joint defense. Durham warned the court that the arrangement poses a conflict of interest.
Podesta’s attorney, Bob Trout, did not respond to requests for comment. Trout also represents other ex-campaign officials who recently retained him in matters before Durham.
Clinton’s lawyer, David Kendall, who practices at the Washington-based firm Williams & Connolly, did not reply to requests for comment.
J.D. Gordon, who held a position roughly equivalent to Sullivan’s on the 2016 Trump campaign, said in an interview that he hopes Durham adds Sullivan and other Clinton aides to his criminal investigation, “if he hasn’t already.”
He suspects Sullivan was “the Russiagate hoax mastermind” and hopes that he and other members of Clinton’s 2016 team — as well as the candidate herself — are subpoenaed for testimony and document production just as he and other Trump advisers were targeted by Special Counsel Robert Mueller, based almost entirely on rumors started by the Clinton machine. He called the Clinton-funded smears “depraved” and “nationally destabilizing.”
“In addition to outright surveillance via the fraudulent FISA warrant against Carter Page, many of us were hit with federal and congressional subpoenas, subjected to grueling Senate and House investigations, special counsel interrogations and resulting harsh media spotlight,” he said. “I appeared before the Senate Intelligence Committee, Senate Judiciary Committee, House Intelligence Committee and produced requested documents to the House Judiciary Committee. Three times I was summoned before the special counsel, the first of which in August 2017 was apparently leaked to the Washington Post.”
Gordon is not alone in his desire to see Clinton held to account. Among those Americans aware of the Durham probe, fully 60% think the special counsel should question Clinton about her role in the dossier and other campaign foul play, according to a recent national poll by TechnoMetrica Institute of Policy and Politics. Broken down by political affiliation, 80% of Republicans, 44% of Democrats and 74% of independent voters agree that Clinton should be interviewed by investigators.
What happened more than five years ago may have renewed relevance: Some Democratic strategists speculate that Clinton is eyeing another run at the White House. As Vice President Kamala Harris’ popularity wanes and her shot at becoming the first female president slips, they say Clinton may see an opening.
“I will never be out of the game of politics,” Clinton told ABC’s “Good Morning America” in October.
 

Special Counsel ‘Clarification’ Reveals The DOJ’s Inspector General Is Not A Team Player​

BY: MARGOT CLEVELAND
JANUARY 31, 2022
14 MIN READ
Special Counsel John Durham

IMAGE CREDITRUMBLE.COM / SCREENSHOT
Friday’s clarification should cause a renewed focus on the most shocking revelation in Durham’s ‘discovery update.’
Author Margot Cleveland profile

MARGOT CLEVELAND
VISIT ON TWITTER@PROFMJCLEVELAND

Last Tuesday, Special Counsel John Durham’s office filed a “discovery update” along with a request for an extension of time to provide Michael Sussmann documents related to the government’s pending criminal case against the former Clinton campaign lawyer. Much like the talking indictment Durham filed against Sussmann late last year, the discovery update made public several significant revelations, one of which the special counsel’s office was forced to “clarify” on Friday.
Rather than cast a shadow over the details revealed in the special counsel’s original filing, Friday’s clarification should cause a renewed focus on the most shocking revelation in Durham’s “discovery update”: that early on in the Trump administration, Sussmann met with the inspector general and conveyed a claim that his client, Rodney Joffe, had “seen” a Department of Justice Office of Inspector General (OIG) employee’s computer connect to a foreign IP address.

Why? Because the OIG apparently found nothing for Durham to “correct” concerning the Sussmann-Joffe connection detailed in the special counsel’s initial “discovery update.”
The public has known about Sussmann’s connection to “Tech Executive-1,” Joffe, since September 2021. The special counsel’s indictment of Sussmann alleged Joffe “had exploited his access to non-public data at multiple Internet companies to conduct opposition research concerning Trump.” Then, according to the indictment, Joffe and Sussmann “coordinated . . . with representatives and agents of the Clinton Campaign with regard to the data and written materials that SUSSMANN gave to the FBI and the media,” concerning a supposed communications channel between the Trump Organization and the Russian Alfa-Bank.”
In providing that information to the FBI, specifically the FBI’s General Counsel James Baker, the indictment charged that “Sussmann lied about the capacity in which he was providing the allegations to the FBI.” Sussmann falsely stated that “he was not doing his work on the aforementioned allegations ‘for any client,’” when in fact he was working on behalf of both the Hillary Clinton presidential campaign and Joffe, the special counsel’s indictment alleged.

A Second Sussmann-Joffe Connection

Last week, the special counsel’s office revealed a second connection between Sussmann and Joffe, with this contact involving the OIG rather than the FBI. In the “discovery update” filed last Tuesday by the special counsel’s office, Durham explained that in mid-December, the OIG provided Durham a written forensic report concerning a “cyber-related matter.”

That forensic report summarized a claim Sussmann had made on behalf of one of his then-unnamed clients to an OIG Special Agent in Charge that, in early 2017, his client “had observed that a specific OIG employee’s computer was ‘seen publicly’ in ‘Internet traffic’ and was connecting to a Virtual Private Network in a foreign country.”
In providing Durham’s team the “forensic report,” the OIG office represented “that it had ‘no other file[] or other documentation’ relating to this cyber matter.” However, in last week’s discovery update, Durham’s team told the court it later learned from Sussmann’s attorneys that Sussmann had personally met with the DOJ inspector general in March 2017, when he passed on this “tip” to the OIG.
Also, significantly, while Sussmann had not told the OIG his client’s name at the time, his lawyers informed the special counsel’s office that his client who had “seen publicly” the OIG employee’s computer connecting to a VPN in a foreign country was Tech Executive-1—i.e., Joffe.
After learning these additional details, the special counsel’s office contacted the OIG again and then learned for the first time that Sussmann had met not just with the inspector general but also his then-general counsel about the cyber matter involving Joffe’s tip. That follow-up resulted in the OIG providing Durham additional documentation related to Sussmann’s meeting with the OIG office, even though the OIG had previously claimed there was no further documentation related to that incident.

A Cascade of Questions!

As I wrote following this revelation last week:
So many questions!
First, why did the OIG not inform the Special Counsel’s office that Sussmann had met with both the Inspector General and his then-General Counsel? And why did the OIG falsely represent that there was no ‘further documentation?’ Sure, it could have been accidental, but given that Durham’s attorneys publicly exposed this ‘mistake,’ it suggests something more is afoot.
Then there is the question of the veracity of the claim and what happens to the investigation. Was there really an OIG employee connecting on a foreign VPN? Who was it? Why? Did the OIG ever find out?
What about Joffe: How in the world did he discover the OIG employee’s computer connecting to a VPN in a foreign country? Was Joffe monitoring other government computers? How? Why? Was anyone else involved? Who knew?

The Sussmann Indictment Revisited . . . Again

Given the allegations about Joffe contained in the Sussmann indictment, the revelation that Joffe, through Sussmann, told the OIG about its employee’s computer connecting to a foreign VPN is jaw-dropping. Here’s why.
According to the Sussmann indictment, Joffe served as an executive “of a particular Internet company (‘Internet Company-I’), which offers various Internet-related services and products, including Domain Name System (‘DNS’) resolution services, to its customers.” As the indictment explained, “DNS is a naming system for devices connected to the Internet that translates recognizable domain names, e.g., http://www.google.com, to numerical IP addresses, e.g., 123.456.7.89,” and “a DNS ‘lookup’ refers to an electronic request by a particular computer or device to query information from another device or server.”
“By virtue of his position at Internet and other companies,” the indictment continued, Joffe “maintained direct or indirect access to, and the ability to provide others access to, large amounts of internet and cybersecurity data, including DNS data.”
Joffe’s access to “large amounts of internet and cybersecurity data,” and his ability to “look up” numerical IPS address, coupled with his claim to have seen the OIG employee’s computer “connecting to a Virtual Private Network in a foreign country,” suggests Joffe may have been monitoring government computers.
Given that Sussmann shared Joffe’s claim with the inspector general in March 2017—solidly within the new Trump administration’s time in office and during the ongoing Crossfire Hurricane investigation—and given Sussmann and Joffe’s earlier attempt to peddle the anti-Trump Alfa Bank story to the FBI, one must wonder if Sussmann’s handing off of this second “tip” to the OIG was a continuation of the get-Trump project.
The special counsel’s office seems concerned about these details as well. At least, that is the suggestion from last week’s “discovery update,” in which Durham explained the special counsel’s office will “work expeditiously with the OIG to conduct interviews” related to the Sussmann-Joffe “cyber-related matter.” That the special counsel’s office plans to interview people related to this matter suggests Durham’s interest extends beyond handing discovery material to Sussmann to probing the circumstances and handling of the underlying “tip.”

Baker’s (and Other’s) Phones

The discovery update filed last week raised additional concerns about the OIG’s candor and cooperation with the special counsel’s office. Specifically, Durham’s office noted that “in early January 2022, the Special Counsel’s Office learned for the first time that the OIG currently possesses two FBI cellphones of the former FBI General Counsel” Baker, along with “forensic reports analyzing those cellphones.”
On Friday, the special counsel’s office submitted a three-page “Supplemental Filing Regarding Government’s Discovery Update.” It began by quoting the special counsel office’s previous statement that it had learned for the first time in early January 2022 that the OIG possessed two of Baker’s cellphones. “The Government wishes to provide some additional context for this statement,” the supplemental filing continued.
The special counsel’s office then noted that, after reviewing the initial discovery update, the OIG “brought to our attention based on a review of its own records that, approximately four years ago, on February 9, 2018, in connection with another criminal investigation being led by then-Acting U.S. Attorney Durham, an OIG Special Agent who was providing some support to that investigation informed an Assistant United [States] Attorney working with Mr. Durham that the OIG had requested custody of a number of FBI cellphones.”
According to Friday’s filings, the OIG records indicate that one of Baker’s cellphones was among those the OIG requested, and that the OIG then obtained that phone on February 15, 2018. The OIG records also reflected that its special agent providing support to then-Acting U.S. Attorney Durham had a conference call on February 12, 2018 “with members of the investigative team, including Mr. Durham, during which the cellphones likely were discussed.” Durham had no recollection of that conference call, nor did he recall knowing the OIG possessed Baker’s two phones before January 2022, the supplemental filing explained.
Rather, the supplemental filing explained the special counsel’s current investigative team learned of the two cellphones on January 6, 2022, the day after they had a conference call with the FBI’s Inspection Division to discuss obtaining call log data for Baker. In a follow-up to that discussion, the FBI’s Inspection Division emailed the special counsel’s office, informing Durham’s team that the OIG was currently maintaining custody of Baker’s cellphones. At that point, the special counsel’s office requested information concerning the cellphones from the OIG, according to Friday’s filing.

Lots of Wordsmithing by the OIG

The supplement filing on Friday proves fascinating for several reasons. First, while a quick read of the three-page document seems to suggest Durham knew the OIG had Baker’s phone long before January 2022, that is not what the filing said: Durham maintains he does not remember ever being told the FBI had possession of Baker’s phones.
What the special counsel’s office did do in the supplement filing was to tell the court what the OIG claimed happened. That, notably, was not that anyone told Durham—or anyone else on the special counsel’s team—that it had possession of Baker’s cell phones. Instead, the OIG maintained Durham was told that in February 2018, while he was leading another criminal investigation. That was before Durham was even confirmed as the U.S. attorney for Connecticut and more than a year more before then-U.S. Attorney General William Barr would assign Durham to investigate Crossfire Hurricane.
As part of that earlier investigation, an OIG agent told an attorney working with Durham that the OIG had requested custody of a number of FBI cellphones and that a few days later Durham participated in a conference call “during which the cellphones likely were discussed.”
At no point, however—at least based on Friday’s filing—did the OIG maintain that its possession of Baker’s cellphone was discussed either with the assistant U.S. attorney or with, or in, Durham’s presence, leaving one to wonder why the OIG would even bother to raise this with the special counsel’s office. Clearly, the OIG was not happy with being called out publicly by Durham’s team.

Not the First Time Durham Challenged the OIG

Of course, this was not the first time Durham has been publicly at odds with the OIG. In December 2019, after the OIG concluded the Crossfire Hurricane investigation was sufficiently predicated, Durham took the extraordinary step of issuing a public statement disagreeing with that assessment.
“I have the utmost respect for the mission of the Office of Inspector General and the comprehensive work that went into the report prepared by Mr. Horowitz and his staff,” Durham said in a statement. Unlike the OIG, which was limited to “developing information from within component parts of the Justice Department,” Durham noted that his team’s “investigation has included developing information from other persons and entities, both in the U.S. and outside of the U.S.”
“Based on the evidence collected to date,” Durham explained, his team does “not agree with some of the report’s conclusions as to predication and how the FBI case was opened.” Durham’s statement further noted that he had told the OIG its preliminary conclusion prior to the release of the OIG’s final report.

The OIG’s Explanation Is Nuts

This history of friction between the OIG and the special counsel’s office may explain why agents presented Durham records from a four-year-old case and an apparent request that Durham “correct” the record. But Friday’s clarification actually cements the case that the OIG is acting at odds with the special counsel’s office.
Here it is important to realize it is not merely that the OIG sat silent knowing Sussmann had been indicted for lying to Baker, but that the OIG kept silent about the two Baker cell phones in its possession during a meeting between special counsel’s prosecution team and IG and OIG personnel on October 7, 2021, called specifically “to discuss discoverable materials that may be in the OIG’s possession.”
The special counsel’s team also later provided the OIG a formal written discovery request seeking relevant documents and records. Yet no one bothered to turn over, or even mention, Baker’s two cellphones?
And what is the OIG’s explanation? That nearly four years earlier, in another case, before Durham was even assigned to investigate the Crossfire Hurricane investigation, cellphones were likely discussed in a meeting Durham attended.

With Friends Like This, Who Needs Enemies

The OIG’s counter doesn’t make the office look better, it makes the OIG look worse. It makes the office look duplicitous.
Any office of the federal government genuinely cooperating with another would, when discussing potentially relevant documents and records, mention the existence of Baker’s phones, even if they knew for a fact that four years prior Durham had been told the OIG was taking possession of one of Baker’s phones. But, according to Friday’s filing, the OIG didn’t even know that the cellphones in general were definitely discussed in Durham’s presences, much less that any mention was made of Baker’s cell phone.
But in some ways, it is better for Durham’s team to know now that the OIG isn’t genuinely cooperating. The special counsel’s office can now revisit the formal written discovery requests it has made, both in the Sussmann case and the pending Igor Danchenko case, as well as more broadly in its entire investigation of Crossfire Hurricane and Special Counsel Robert Mueller’s investigation. What else has the OIG kept mum about?
Friday’s filing suggests that is precisely what Durham is doing, with the supplemental filing closing with a note that after revisiting the 2018 criminal investigation in which the OIG claimed it likely discussed cell phones with Durham, the special counsel’s office requested from the OIG access to additional cellphones it possesses.

OIG Made Another False Claim

An even more significant takeaway from the special counsel’s Friday supplemental filing concerns not what the OIG said, but what it did not say: After reading the “discovery update” the special counsel’s office filed, the OIG’s only objection concerned the potential that it had previously mentioned possessing cellphones to Durham in another investigation.
The OIG apparently raised no concerns about the special counsel’s office’s representations to the court concerning the “cyber-related matter” involving Joffe and Sussmann, including Durham’s statement that he learned from Sussmann—and not the OIG—that Sussmann had actually met with the IG, and not merely passed Joffe’s tip to an OIG agent.
From Friday’s filing, it also appears the OIG did not challenge Durham’s representation that when the OIG provided Durham’s team the “forensic report” about the Sussmann-Joffe tip, it falsely represented “that it had ‘no other file[] or other documentation’ relating to this cyber matter,” and that later, after Durham further questioned the OIG, additional documentation turned up.
If the OIG thinks it has cleared its name, it is sadly mistaken.
As for the special counsel’s request for more time to provide Sussmann discovery, the district court granted that motion on Friday. With the OIG playing hide-the-ball from Durham, the special counsel clearly needs that extra time. Apparently, the elite media also needs some additional time to realize there is a huge story being missed (ignored?) concerning a private individual potentially tracking government computers.


Margot Cleveland is a senior contributor to The Federalist. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.
 
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