Attorney General William Barr on Monday disparaged the long-awaited findings of the Justice Department Inspector General Michael Horowitz into FBI conduct in the investigation of alleged Russian interference in the 2016 presidential campaign. Barr, in effect, accused Horowitz of whitewashing a litany of proven misfeasance and malfeasance that created the “predicate,” or legal justification, for investigating candidate-and-then-president Donald Trump on suspicion of being in cahoots with the Russians.
In grammatical terms, there can be no sentence, so to speak, without a predicate. Trump was clearly the object of the sentence, and the sleuths led by then-FBI Director James Comey were the subjects in desperate search of a predicate. Horowitz candidly depicted the predicate the FBI requires for a counterintelligence investigation as having to meet a very low bar. The public criticism from his boss was unusual. For the tenacious attorney general, doing a serious investigation of how the FBI handled the Trump-Russia inquiry has become a case of no-holds-Barr-ed, one might say.
Lindsey Smacking His Lips
Particularly damning in Horowitz’s report was the revelation that the FBI kept the “Russia investigation” going well after countervailing and exculpatory evidence clearly showed that, in the unforgettable words of one senior FBI official, Peter Strzok, there was “no there there.”
As Sen. Lindsey Graham put it yesterday, FBI investigators kept running through STOP signs in hot pursuit of a needed, but ever elusive, credible predicate. At a press conference, Graham pointed to page 186 of the Horowitz report to call attention to one of the most obvious STOP signs FBI sleuths should have heeded; namely, the fact that the FBI learned in January 2017 that the primary sub-source for Christopher Steele’s “dossier” disavowed it as misstated and exaggerated – basically rumor and speculation. No problem: the FBI investigation continued.
Mincing no words, Graham called the FBI investigation into alleged Trump campaign ties with Russia a “criminal enterprise” that got off the rails. (Special Counsel Robert Mueller found no evidence of such a conspiracy.) Sparks will fly on Wednesday as Graham, chair of the Senate Judiciary Committee, pursues the matter in more depth when Horowitz testifies before the committee. Graham emphasized yesterday that the general goal is to ensure that such a “criminal enterprise” does not happen again.
He added that one of the ways to prevent a recurrence is to make sure “those who took the law into their own hands need to pay a price.” Uh-oh. I cannot remember the last time leaders of the “national-security state” had to pay a price.
Barr: ‘Thinnest of Suspicions’
Barr took unusually strong public issue with Horowitz’s conclusion that there was adequate reason to mount an FBI investigation of the Trump campaign and suspected ties to Russia. Barr issued a formal statement asserting that the Horowitz report “now makes it clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken.”
US Attorney John Durham, whom Barr picked to lead what has now become a criminal investigation regarding how that FBI’s “intrusive investigation” was launched, issued his own formal statement of criticism, expressing disagreement with the IG’s findings as to the predication of the investigation and “how the FBI case opened.” Durham added that he had told the IG last month of this disagreement. In his statement yesterday, Durham spoke not of suspicions, but of evidence his ongoing investigation has already gathered “from other persons and entities both in the US and outside of the US”
Evidence, Not Just Suspicions
Both Barr and Durham chose their words carefully, and so did former CIA Director John Brennan in his May 2017 congressional testimony about his suspicions that Trump’s campaign might have been colluding with the Russians. Soon the spotlight is likely to turn onto Brennan and his carefully parsed testimony, which fell considerably short of qualifying as a predicate for investigation (but played a key role anyway).
On May 23, 2017, Brennan told Congress:
“I encountered and am aware of information and intelligence that revealed contacts and interactions between Russian officials and US persons involved in the Trump campaign that I was concerned about because of known Russian efforts to suborn such individuals. It raised questions in my mind about whether Russia was able to gain the cooperation of those individuals.”
CNN’s coverage of Brennan’s testimony is even more revealing (of CNN’s bias) in retrospect.
Moreover, Brennan famously told Congress, he doesn’t deal with evidence. That was what Republican Rep. Trey Gowdy was wondering about, when he grilled the former CIA director, also on May 23, 2017, on what evidence he had provided to the FBI to catalyze its investigation of the alleged Trump-Russia collusion.
Brennan replied: “I don’t do evidence.”
The best Brennan could do was start out by repeating his well-rehearsed statement, later contradicted by Mueller’s report: “I encountered and am aware of information and intelligence that revealed contacts and interactions between Russian officials and US persons involved in the Trump campaign,” adding that “that required further investigation by the Bureau to determine whether or not US persons were actively conspiring, colluding with Russian officials.”
Media Treatment
Referring to the Horowitz report yesterday, Law Professor John Turley noted:
“Despite this shockingly damning report, much of the media is reporting only that Horowitz did not find it unreasonable to start the investigation, and ignoring a litany of false representations and falsifications of evidence to keep the secret investigation going. Nothing was found to support any of those allegations, and special counsel Robert Mueller also confirmed there was no support for collusion and conspiracy allegations repeated continuously for two years by many experts and members of Congress.”
And yet “debunking” is the name of the game. A New York Times headline this morning read, “Report on F.B.I. Russia Inquiry Finds Serious Errors but Debunks Anti-Trump Plot.” And an “analysis” article by Mark Mazzetti was titled: “Another Inquiry Doesn’t Back Up Trump’s Charges. So, on to the Next.”
Mazzetti writes:
“Engage in a choreographed campaign of presidential tweets, Fox News appearances and fiery congressional testimony to create expectations about finding proof of a “deep state” campaign against Mr. Trump. And then, when the proof does not emerge, skew the results and prepare for the next opportunity to execute the playbook.
“That opportunity has arrived in the form of an investigation by a Connecticut prosecutor [Durham] ordered this year by Attorney General William P. Barr – and the president and his allies are now predicting it will be the one to deliver damning evidence that the FBI, C.I.A. and even close American allies conspired against Mr. Trump in the 2016 election.”
Horowitz Report an ‘Appetizer?’
Mazzetti goes on to express doubt “that Mr. Durham will exhume any information that will fundamentally change the understanding of what happened in 2016.” Maybe, maybe not. It is a safe bet, though, that President Trump has better insight into this. According to Mazzetti, Trump recently had been playing down expectations about the Horowitz inquiry – indicating it was only an appetizer for what’s to come. “I do think the big report to wait for is going to be the Durham report,” he said. “That’s the one that people are really waiting for.”
The president may be expecting Mueller-inquiry-type vindication once Durham’s investigation is complete. It that proves to be the case and Trump receives post-impeachment acquittal from the Senate, as expected, he may be able to parlay that into four more years, a sobering thought.
Ray McGovern works with Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington. His 27-year career as a CIA analyst includes serving as Chief of the Soviet Foreign Policy Branch and preparer/briefer of the President’s Daily Brief. He is co-founder of Veteran Intelligence Professionals for Sanity (VIPS). This originally appeared at Consortium News.
