Allegra Kirkland

Allegra Kirkland is a New York-based reporter for Talking Points Memo. She previously worked on The Nation’s web team and as the associate managing editor for AlterNet. Follow her on Twitter @allegrakirkland.

Articles by

The FBI Agents Association decried what it called the distraction of congressional “partisan politics” after a House GOP memo alleging anti-Trump bias at the bureau was released Friday afternoon.

“The American people should know that they continue to be well-served by the world’s preeminent law enforcement agency,” FBIAA president Tom O’Connor said in a statement. “FBI Special Agents have not, and will not, allow partisan politics to distract us from our solemn commitment to our mission.”

Despite strenuous objections from the Justice Department and FBI, the White House ordered that the declassified memo, which was put together by staff for House Intelligence Committee Chairman Devin Nunes (R-CA), be released with no redactions.

It alleges that the DOJ and several top FBI officials failed to disclose that a dossier of damaging information about the Trump campaign’s ties to Russia served as part of the basis for a surveillance warrant against a former adviser to the campaign.

FBI leadership and rank-and-file have insisted that the four-page document is inaccurate and misleading, pitting the Trump White House squarely against his own intelligence community.

Read the full FBIAA statement below.


Read More →

If you’ve spent much time watching Fox News or Republican-led congressional committee hearings over the past year, you’d be forgiven for believing the FBI is a teeming nest of anti-Trump liberals.

One problem: That doesn’t square with the bureau’s modern history or demographics, nor with the events of the 2016 presidential election.

There is compelling evidence that former FBI Director James Comey’s two public pronouncements on the Hillary Clinton email investigation damaged the Democratic nominee’s standing in the polls. The two FBI officials who were found to have exchanged text messages disparaging Trump also criticized former Obama Justice Department officials. And now, it is the President’s own Republican appointees at the DOJ and FBI who are warning against the validity of a controversial GOP memo, expected to be released Friday, that purportedly shows anti-Trump bias at those agencies.

To protect Trump from the federal investigation into Russia’s election interference, the White House and Capitol Hill Republicans have had to manufacture an image of the nation’s premiere law enforcement agency that has no basis in reality.

“The idea that there’s this giant conspiracy and that the entire FBI is politicized is pure nonsense,” former FBI special agent Mark Pollitt told TPM, calling the Nunes memo fracas “bizarre.”

“At the end of the day that’s not why these people joined,” Pollitt added. “In some ways it’s a very old-fashioned organization.”

In a testament to the tradition of hierarchy and professionalism at the bureau, the FBI Agents Association released a statement on Thursday voicing support for Director Christopher Wray “standing together with the men and the women of the FBI” during the prolonged public fight over the memo release.

Rhodri Jeffreys-Jones, a history professor at the University of Edinburgh and author of “FBI: A History,” noted that the FBI “always has been a bone of political contention.” Towards the second half of J. Edgar Hoover’s long tenure as director, the bureau became “very much associated with an anti-communist drive and persecution of the left—black civil rights activists, the women’s movement, the burgeoning gay rights movement in the 1950s.”

“At that point the FBI becomes a Republican party icon and can do no wrong,” Jeffreys-Jones said.

But the left’s concern about the politically-motivated persecution of activists, communists and homosexuals was grounded in fact, as the Church Committee’s investigations into the FBI’s investigatory abuses confirmed.

There is little ready comparison to the current political moment.

Pro-Trump conservatives’ attacks initially focused on top leadership. But former FBI Director James Comey has since been fired, his deputy Andrew McCabe is gone, and Wray, Trump’s own pick, was installed six months ago.

Then there are the demographics. As Politico reported in late 2016, 67 percent of the bureau’s agents are white men. Many are middle aged and have backgrounds in law enforcement or the military. Those demographics, of course, line up well with Trump’s own base.

And even if most FBI agents were liberals, Pollitt and FBI historians emphasize that FBI agents and officials must subsume their political opinions to work on whatever cases they are assigned.

Still, the anti-FBI campaign has been surprisingly successful with its target audience. A Huffington Post/YouGov poll released Wednesday found that the share of Republicans who have at least a fair amount of trust in the FBI has plummeted from 68 percent in 2015 to 45 percent now.

Tracking this strange evolution requires going back to the final months of the 2016 election.

In July, Comey took the unprecedented step of publicly announcing that Clinton’s use of a private email server as secretary of state was “extremely careless” but that the federal investigation into it would result in no charges. Then in late October, Comey made the equally fateful decision of announcing that the FBI was investigating a newly-discovered trove of Clinton-related emails, uncovered by agents in the New York office.

Comey’s handling of the sensitive probe—and his conclusion that Clinton should not face charges—sparked something of a mini-revolt at the bureau. That revolt was headquartered at the New York office, whose agents had a longstanding reputation for hardline tactics, and, according to a flurry of stories, deep anti-Clinton sentiment.

In the final weeks of the campaign, two close Trump allies—Rudy Giuliani and former FBI Assistant Director James Kallstrom—claimed that they were hearing rumors of mutiny inside the bureau from disgruntled former agents. “The FBI is Trumpland” and Clinton is “the antichrist to a large swath of FBI personnel,” a current FBI agent told The Guardian.

But then, to America’s surprise, Trump won.

After he took office and the focus turned to the investigation of his campaign’s possible coordination with Russia to influence the election, congressional Republicans turned against the bureau.

Trump and his backers on Capitol Hill were suddenly consumed with concerns about the “witch hunt” being carried out by “deep state” Clinton and Obama loyalists in the intelligence community. Special Counsel Robert Mueller, a Republican former FBI director appointed by President George W. Bush, was painted as an anti-Trump partisan leading an investigative team of Democrats. Joking text messages between FBI agent Peter Strzok, who was kicked off of Mueller’s team after their discovery, and FBI attorney Lisa Page, with whom he was having an affair, were seriously discussed as evidence of an anti-Trump “secret society” at the bureau.

We’re now at a moment where Fox hosts are routinely calling for top FBI officials to be dragged off in handcuffs, and the Republican chair of the House Intelligence Committee believes he is tasked with investigating the DOJ and FBI themselves.

Read More →

Republicans on the House Intelligence Committee appeared to downplay the FBI’s concerns about the release of a controversial memo put together by Chairman Devin Nunes (R-CA), according to a transcript of the panel’s closed-door Monday meeting that was made public Wednesday.

Asked by Democrats whether the FBI had approved the memo’s release, Nunes didn’t answer directly, saying the committee was satisfied that the memo on the intelligence community’s alleged surveillance abuses did not “disclose any issues of national security.”

The FBI put out a statement Wednesday expressing “grave concerns” about the document’s accuracy.

The developments highlight the divide between the White House and congressional Republicans on one side who want to release the memo, and the FBI, DOJ and Democrats on the other, who says it’s a misleading effort to make the intelligence community appear biased against President Trump.

At Monday’s meeting, Rep. Pete King (R-NY) said FBI Director Christopher Wray and two other senior FBI employees had reviewed the document, prompting Rep. Eric Swalwell (D-CA) to ask if they were “okay” with its dissemination.

Nunes responded:“[O]ur goal was to make sure that we were not going to disclose any issues of national security, and we believe that we have met that threshold.”

The FBI on Wednesday issued a rare public statement disavowing the memo’s “material omissions of fact,” prompting Swalwell to fume on Twitter that his Republican committee colleagues had misled him.

The transcript also laid bare the battle over what, exactly, the minority and minority think they’re investigating. As Rep. Adam Schiff (D-CA) disclosed to reporters after Monday’s meeting wrapped, Nunes made the remarkable admission that he sees the DOJ and FBI as targets in their investigation into Russia’s interference in the U.S. election.

Rep. Mike Conaway (R-TX) had downplayed Schiff’s characterization that the committee majority had announced a designated investigation into those agencies, telling reporters they were simply engaged in standard “oversight.”

But the transcript shows Nunes took a stronger tone behind closed doors.

Schiff introduced a motion to delay the committee’s vote on the memo’s release so that the DOJ and FBI could provide the full House of Representatives with a briefing on security issues with making it public.

“The Department of Justice and the FBI have been under investigation by this committee for many, many months for FISA abuse and other matters,” Nunes replied, referring to his concerns about the validity of warrants issued by specialized foreign surveillance courts. “That investigation continues.”

Urging his colleagues to vote against Schiff’s motion, Nunes added, “We are not going to be briefed by people that are under investigation by this committee.”

Tierney Sneed contributed reporting.

Read More →

When pressed by a Democrat on his committee in a closed-door meeting, House Intelligence Chairman Devin Nunes (R-CA) denied coordinating with the White House on his controversial memo that purportedly reveals anti-Trump bias at the FBI and Justice Department—but sidestepped the question of whether committee staff had White House contacts.

In a newly released transcript of the committee’s Monday meeting, where the committee voted on party lines to release the memo, Nunes was asked about his motivations in assigning his staffers to craft it.

The Trump administration has pushed for the memo’s release, even as his top appointees at DOJ and FBI have made personal pleas and presumably approved of a rare public admonishment against doing so, citing national security concerns.

“Did they have any idea you were doing this?” Rep. Mike Quigley (D-IL) asked Nunes of the White House. “Did they talk about doing this with you? Did they suggest it? Did you suggest it to them? Did you consult in deciding how to go forward with this before, during, and after this point right now?”

“I would just answer, as far as I know, no,” Nunes replied.

Quigley pressed again for confirmation that “none of the staff members that worked for the majority had any consultation, communication at all with the White House.”

“The chair is not going to entertain—” Nunes replied, before he was interrupted by crosstalk.

He didn’t offer further comment on the issue.

Nunes has insisted that his only interest in getting the memo out is greater transparency. On Wednesday, after the FBI released a public statement asserting that the document’s accuracy is compromised by “material omissions,” he released a statement calling their concerns “spurious.”

The ranking Democrat on the committee, Rep. Adam Schiff (D-CA), countered in a statement that the transcript offered a “revealing and disquieting look into the strategy of Committee Republicans and that of Chairman Nunes in particular as they seek to protect President Trump from the Special Counsel’s investigation and congressional probes.”

Schiff said he would continue to press for the release of the committee Democrats’ 10-page rebuttal to the Nunes memo, which was blocked by their Republican colleagues.

Read the full transcript below.

Read More →

The Justice Department’s Inspector General (IG) is examining whether former FBI Deputy Director Andrew McCabe put off a request to dig through a batch of Hillary Clinton-related emails discovered in the run-up to the 2016 election, the Washington Post reported Tuesday.

The Post’s report—as well as other coverage of the role of the IG’s probe in McCabe’s abrupt resignation Monday—suggests McCabe may have acted improperly by waiting three weeks to act on the request from agents in the New York office. FBI director Chris Wray furthered that notion in a memo to FBI employees sent Monday night, which reportedly said McCabe’s departure was related to the forthcoming IG report.

Underlying the issue is the question of whether McCabe’s goal in slow-walking the probe was to avoid damaging Clinton’s campaign. McCabe’s wife ran for office as a Democrat in 2015, and President Trump and his allies have sought to paint him as part of an anti-Trump cabal at the FBI.

But the emerging consensus that McCabe acted improperly seems off base. For one thing, the IG report has yet to be released, meaning the public has only a very incomplete picture of the events at issue.

More important, if McCabe was moving slowly on the Clinton probe, he may have had good reason to do so: The Justice Department has a longstanding policy instructing staff to be especially cautious about taking any investigative steps that could influence elections, especially in the final stages of a campaign.

An internal Justice Department memo issued in 2012 to all employees on “Election Year Sensitivities” warns against taking any “overt investigative steps” near an election without getting guidance from the department’s Public Integrity Section.

Rather than a sign of pro-Clinton bias, McCabe’s caution seems to suggest he was following the rules, former federal prosecutors told TPM.

“The DOJ should do everything possible not to influence an upcoming election at any level,” Steve Miller, a 17-year veteran of the U.S. Attorney’s Office in Chicago, told TPM. “So if the reports are true that he slow-rolled it, that would be, in my view, consistent with DOJ policy. Nothing remotely nefarious jumps out at me.”

“I can’t imagine any DOJ policy was violated here,” Miller added.

To be sure, there’s no blanket policy that applies in all cases. It’s always a judgment call. But Miller said that in the case of the Clinton emails, the balance of harms clearly dictates in favor of a delay, in part because nothing would have been lost by waiting.

“Three weeks in a criminal investigation where there’s no statute of limitations issue and people’s lives are not in danger is a nanosecond,” Miller added. There’s no DOJ policy, he said, requiring the FBI to “drop everything to turn to a non-time-sensitive issue like reviewing another batch of emails in an investigation.”

Breaking from this cautious precedent can have disastrous consequences, as McCabe’s former boss James Comey learned. The former FBI director became a lightning rod for criticism after first announcing in a July 2016 press conference that the Clinton email probe would end with no charges, then telling Congress less than two weeks before the election that the new batch of emails had been discovered on the laptop of Anthony Weiner, then the husband of Clinton’s top aide, Huma Abedin. The FBI was at the time probing whether Weiner engaged in sexual relationships online with minors.

Comey himself testified before Congress that it made him “mildly nauseous” to think his actions could have affected the results of the election. Poll analysis site 538 determined that Clinton’s standing in the narrow election plummeting 2.9 points in the week after Comey’s letter to Congress came out.

The former FBI director’s disclosures “never should have happened,” Nick Akerman, a former federal prosecutor who worked on the Watergate investigation, told TPM.

Indeed, it was Comey’s extraordinary departure from regular procedure that appears to have prompted the January 2017 launch of Inspector General Michael Horowitz’s probe in the first place. But the wide-ranging probe turned up the text message exchange between two FBI employees that Republicans have used to claim an anti-Trump plot at the bureau. The Post report suggests that McCabe’s handling of the Clinton emails has since also become a major focus.

That points to another reason why McCabe may have had good reason to fear influencing the election. Comey’s decision ultimately to disclose the emails to Congress reportedly came after FBI agents in the New York office exerted pressure to get the news out. Pushing forward with the investigation, McCabe may reasonably have felt, could have made it more likely that the news leaked out.

And as the Post notes, McCabe also appears to have wanted to make sure the emails were relevant to the Clinton probe—which they turned out not to be

“The agents on the Weiner case wanted to talk to the Clinton email investigators and see whether the messages were potentially important,” the Post reports. “Some people familiar with the matter said officials at FBI headquarters asked the New York agents to analyze the emails’ metadata—the sender, recipient and times of the messages—to see whether they seemed relevant to the closed probe.”

But much of the coverage of the story has downplayed those explanations and instead left the impression that McCabe likely acted improperly.

A CNN host on Wednesday morning flatly asserted that the IG report shows McCabe “sat on” the emails—in fact, the report hasn’t been released yet—then asked: “Was he slow-walking this investigation leading up to the election? And that would matter a lot.”

A short time later, another host on the network, Brianna Keilar, asked Rep. Mike Quigley (D-IL) whether the House Intelligence Committee should probe the matter.

Akerman, the former Watergate prosecutor, told TPM it was perfectly reasonable for the IG to look into the delay. But he suggested Comey’s actions should be the primary focus of the investigation.

“They should never have done it at that late stage,” Akerman said of the former FBI director’s October 2016 pronouncement. “Basically every reason why you don’t do it came out here—exactly the wrong way.”

Read the latest editor’s brief (Prime access) on this story »


Read More →

In a rare public statement, the FBI on Wednesday expressed “grave concerns” about the accuracy of a congressional Republican memo that purports to show anti-Trump prejudice among senior FBI and Justice Department officials.

It’s extremely unlikely that the highly critical comment would be sent out without the approval of top Trump appointees at the FBI and DOJ. And it comes as the White House appears poised to defy the intelligence community’s wishes and approve the memo’s release.

As the FBI put it, the four-page document compiled by staffers for House Intelligence Committee Chairman Devin Nunes (R-CA) contains “material omissions of fact.”

“With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it,” a statement from the bureau read. “As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.”

This remarkable public disavowal bolsters days of reporting on top DOJ and FBI officials’ efforts to dissuade the White House from allowing the memo to be made public. The House Intelligence Committee voted on partisan lines on Monday to release it.

FBI Director Christopher Wray, a Trump appointee, reportedly informed the White House that he opposed the memo’s release because it “contains inaccurate information and paints a false narrative,” according to Bloomberg.

Deputy Attorney General Rod Rosenstein, also a Trump appointee, has reportedly separately warned the White House that the memo does not accurately describe how it carries out investigations.

As of Wednesday afternoon, President Donald Trump and his advisers’ seemed intent on overriding these words of caution and moving forward with the memo’s release.

Doing so would represent a bold new foray in Trump’s war on his own Justice Department. The President has previously expressed his own concerns about a “deep state” cabal of Democratic loyalists at the DOJ and FBI bent on undermining his administration. But with the memo controversy, Trump is actively going against the advice intelligence officials he handpicked to lead those agencies.

Read the full statement from the FBI below.

The FBI takes seriously its obligations to the FISA Court and its compliance with procedures overseen by career professionals in the Department of Justice and the FBI. We are committed to working with the appropriate oversight entities to ensure the continuing integrity of the FISA process.

With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it. As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.

Read More →

Bloomberg reported Monday that President Trump exploded in anger at a statement from the Justice Department warning that it would be “extraordinarily reckless” to publicize what’s come to be known as the Nunes memo without a security review. In response, White House Chief of Staff John Kelly conveyed Trump’s anger to Justice Department officials and “lectured them on the White House’s expectations,” according to the report.

Those contacts by Kelly may have violated at least the spirit and perhaps the letter of the Trump administration’s own guidelines regulating communications between the White House and DOJ.

Discussions between Kelly and Justice Department officials related to “a criminal and counterintelligence investigation in which the White House and President have equities and a conflict of interest” would be strictly off limits, Andy Wright, associate White House counsel to President Barack Obama, told TPM.

The guidelines aim to create a firewall between the two bodies regarding ongoing criminal investigations—particularly those that involve the current administration. The possibility that they were breached is just the latest step in the ongoing politicization of federal law enforcement under Trump. 

Since the Watergate era, incoming administrations have generally laid out updated guidelines regulating contact between the White House and Justice Department. The policy issued by White House Counsel Don McGahn in January 2017 limits communications to the DOJ to the President, Vice President, and White House counsel.

Those three principals are allowed to “designate subordinates” to communicate with similarly designated counterparts at the DOJ. But all such contacts “should be handled in conjunction with a representative of the Counsel’s office,” per McGahn’s instructions.

And the communications are supposed to be limited, with few exceptions, to matters of national security or cases in which the DOJ is defending the administration’s policies, as TPM has previously reported.

“The channel [of communications] is supposed to go through or at least be monitored by the White House counsel’s office in order to monitor the substance,” Wright said. “There is no business for the White House Chief of Staff to be calling in when the department is making a decision that relates to both a counterintelligence and criminal investigation. The DOJ determined that [releasing the memo] would be damaging to government interests.”

Matt Miller, who served as a spokesman for the Justice Department during the Obama administration, said the policy “is set up to allow some flexibility,” but that its spirit has gone unchanged across different administrations.

“The thing that’s always contemplated in these rules is that the White House and Justice Department will in no event ever talk about investigations that impact the White House,” said Miller. “That isn’t spelled out explicitly in the rules but that’s why these contact policies exist—because of all the pressure Nixon put on his DOJ” during Watergate.

Saikrishna Prakash, an expert on the separation of powers at University of Virginia Law School, cautioned in a phone interview that there were not enough publicly available details regarding Kelly’s contacts to know if he had violated the letter of the contact policy. If Kelly’s outreach was approved by McGahn or if a member of the White House counsel office had listened in, Prakash said, it could technically be acceptable.

But Wright pointed out that sharing the President’s personal opinion on an issue stemming from an open criminal investigation would undercut the entire reason such policies existed.

As McGahn’s own guidelines note: “In order to ensure that DOJ exercises its investigatory and prosecutorial functions free from the fact or appearance of improper political influence, these rules must be strictly followed.”

The White House did not respond to TPM’s inquiry about whether anyone in the White House Counsel’s office had any oversight over Kelly’s conversations. The Justice Department declined to comment on the record.

Kelly’s reported contacts are part of a pattern of White House attempts to tilt the scale in the Russia probe. That pattern also includes Trump’s own public comments, tweets, and previous reports of inappropriate contact between other White House officials and the DOJ.

Kenneth Starr, the former independent counsel who led investigations into President Bill Clinton, laid out the principle in a Washington Post op-ed last summer.

“The attorney general’s client is ultimately ‘We the People,’” Starr wrote, “and his fidelity has to be not to the president but to the Constitution and other laws of the United States.”

Read More →

A Democratic-aligned group filed a complaint Monday with the Federal Election Commission asking for a comprehensive probe into whether the NRA received money from Russian nationals to help Donald Trump, in violation of campaign finance laws.

“A foreign agent illegally laundering millions of foreign dollars to influence an American election in support of then candidate Donald Trump is absolutely an issue for the Federal Election Commission to take up,” American Legal Democracy Fund (ALDF) treasurer Brad Woodhouse, a former DNC spokesman, said in a statement. “We expect the FEC to get to the bottom of this issue swiftly and deliver the results of a thorough investigation to the American people.”

The group’s complaint is based on a recent McClatchy story reporting that the FBI is investigating whether a Russian banker close to both President Vladimir Putin and the NRA gave money to the gun group’s dark money arm.

NRA spokesman Andrew Arulanandam told TPM late last week that the organization “has not been contacted by the FBI or any other investigative body.”

A spokeswoman for the FEC, Judith Ingram, said that the commission could not offer comment on pending complaints beyond confirming their receipt. Ingram said the ALDF’s complaint had not yet been received by mid-afternoon on Monday.

According to McClatchy, the FBI wants to know whether Alexander Torshin, a Russian central bank official and lifetime NRA member, funneled donations to the NRA. The complaint notes an extensive web of ties between Torshin, his deputy Maria Butina, and bigwigs at the NRA.

TPM has reported at length on those connections. 

The complaint casts a wide net, asking the FEC to investigate “any additional coordination between Respondents and foreign nationals in connection with the 2016 presidential election” and that the “maximum fines permitted by law” be leveled if the commission finds evidence that the NRA accepted illegal foreign contributions.

Read the full document below.

Read More →

The White House is going to war with the U.S. Justice Department over whether to release a sensitive classified memo that many Republicans say shines a light on improper conduct by the Justice Department, but which hasn’t been vetted by the intelligence community.

The Trump administration is backing the dozens of congressional Republicans who claim the memo, crafted by House Intelligence Committee Chairman Devin Nunes (R-CA), must be made public to ensure full transparency. But the Justice Department has said it would be “extraordinarily reckless” to surface a document based on classified information without the intelligence community’s sign-off. In response, the White House has said DoJ has no role in the process.

The open split would be remarkable in any context. That the Justice Department under Trump has often appeared willing to act in the president’s political interest only makes it more so.

President Trump dispatched his Chief of Staff John Kelly last week to personally inform Attorney General Jeff Sessions that the administration wanted the memo to be made public, according to the Washington Post. The two conversations that Kelly and Sessions had last Wednesday came the same day that a Trump appointee at the Justice Department released a letter chastising Nunes for rejecting FBI Director Christopher Wray’s “personal appeal” to review the document.

“We believe it would be extraordinarily reckless for the Committee to disclose such information publicly without giving the Department and the FBI the opportunity to review the memorandum and to advise [the House Intelligence Committee] of the risk of harm to national security and to ongoing investigations that would come from public release,” Assistant Attorney General Stephen Boyd wrote.

DOJ spokeswoman Sara Isgur Flores, another political appointee, added the next day in a rare cable news appearance that the department needed to see any alleged “evidence of wrongdoing” in order to “hold people responsible for it.”

Fox News reported that Wray was finally permitted to go to the Capitol on Sunday to review the document, and requested that his staffers be allowed “to take a look at it.”

White House legislative affairs director Marc Short characterized the intelligence community’s concerns as “rational,” acknowledging that he personally does not know what the memo contains, in an interview on “Fox News Sunday.” Still, he said, Trump “generally sides on the side of transparency” and wants the document released.

On Monday morning, White House spokesman Raj Shah said that the Oval Office would conduct a national security review of the document to determine if it could be released to the broader public, explicitly dismissing the DOJ’s role in vetting the document.

“The constitutional process as laid out involves the House of Representatives, the House Intelligence Committee and the White House and the President of the United States. The Department of Justice doesn’t have a role in this process,” Shah said on CNN.

The issue of the memo’s release is rapidly coming to a head. Republicans on the committee are expected to vote as early as Monday on the memo’s release, taking advantage of an obscure House rule that allows the intelligence committee to release classified information determined to be in the public interest.

The final decision to make the memo public would then rest with the President.

The memo reportedly shows that Deputy Attorney General Rod Rosenstein last March approved the extension of a surveillance order for Trump campaign adviser Carter Page. The memo reportedly criticizes department officials for failing to inform a Foreign Intelligence Surveillance Court judge that the warrant was based in part on the so-called “Trump-Russia dossier” compiled by a former British spy. Some Republicans call that proof of anti-Trump bias at the DOJ.

Democrats have dismissed the memo as a “conspiracy theory” that misrepresents the underlying evidence on which it is based. National security experts have also sounded off against the memo’s conclusions, saying the warrant’s 90-day extension would only be approved if enough new evidence had surfaced from Dec. 2016 to March 2017 to justify its renewal.

Nunes’ history of misinterpreting intelligence in order to defend the Trump White House from the Russia investigation and his refusal to allow Senate Intelligence Committee Chairman Richard Burr (R-NV) to view the document has fueled the assessment that it is being used for partisan purposes.

Read More →

On Thursday, the New York Times revealed that President Trump tried to fire Special Counsel Robert Mueller last June and only backed down when White House counsel Don McGahn threatened to quit rather than carry out the President’s orders.

From the earliest days of Trump’s administration, the president and his closest allies have used a range of tactics to obfuscate damaging information and stymie Mueller’s probe into whether the Trump campaign colluded with Russia during the 2016 election. And Mueller, in turn, appears to have gathered a plethora of evidence that lays out this pattern of behavior.

So how might the news about Trump’s effort to fire Mueller fit into the obstruction of justice case that Mueller may be building?

In a nutshell, it’s unlikely to be at the core of any case the special counsel brings. For one thing, everyone agrees that Trump has the legal right to fire Mueller. And for another, Trump didn’t go through with the firing.

But, former prosecutors say, the news could nonetheless bolster an obstruction case, likely centered on the firing of James Comey as FBI director last May. That’s because it offers yet another piece of evidence that Trump has been eager to do whatever he could to derail any investigation into Russian election interference.

Of course, whether a sitting president can face criminal charges is an open question. But let’s leave that aside for now.

Here’s a full timeline, based on reliable reports that haven’t been seriously challenged, of the 2017 events Mueller could draw on to lay out an obstruction case against the President.

Jan. 26 and 27: Then-Acting Attorney General Sally Yates meets with White House Counsel Don McGahn to warn him that the Justice Department fears Michael Flynn, at the time the White House national security adviser, is “compromised with regard to the Russians,” Yates later testified. Yates told McGahn that Flynn had lied to Vice President Mike Pence when he said he never discussed sanctions with Russian officials, and also that Flynn had been interviewed by the FBI.

Late January: McGahn and his aides research the consequences of lying to the FBI and of violating the Logan Act, an 18th century law barring private citizens from negotiating with unfriendly foreign governments. McGahn concludes that Flynn likely committed a crime by discussing sanctions with Russian Ambassador Sergey Kislyak. McGahn then warns Trump about Flynn’s possible violations. 

Jan. 27: Trump invites Comey, at the time the FBI director, to a private dinner at the White House, where he tells him, “I need loyalty, I expect loyalty.” Comey responds that he can promise only “honesty.”

Feb. 14: A day after Flynn is forced to resign, Trump asks Comey to stay behind after an Oval Office intelligence briefing, then asks him to drop the FBI investigation into Flynn’s conduct.

“I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy,” Comey later recalled Trump saying. Trump has denied making the request.

March, exact date unknown: Trump orders McGahn to stop Attorney General Jeff Sessions from recusing himself from the Russia investigation. McGahn attempts to do so, but Sessions succumbs to mounting public pressure and the advice of career DOJ lawyers, officially relinquishing oversight of the probe on March 2. Mueller’s team has since been briefed on this series of events.

March 20: Comey confirms in testimony before the House Intelligence Committee that the FBI is investigating possible collusion between Russia and Trump’s 2016 campaign.

March 22: Trump requests that Director of National Intelligence Dan Coats and CIA Director Mike Pompeo stay behind after a White House briefing and asks them if they can persuade Comey to stop investigating Flynn.

A day or two later: Trump calls both Coats and Adm. Mike Rogers, the National Security Agency head who also attended the briefing, to ask them to publicly deny any evidence of collusion. Both men decline to do so. Rodgers’ former deputy Richard Ledgett writes an internal memo documenting the phone request.

March 30: Trump calls Comey to tell him that he hopes Comey will take steps to “lift the cloud” the Russia investigation has cast over the White House. “I took it as a direction,” Comey later testified. “It is the President of the United States, with me alone, saying ‘I hope this.’ I took it as, this is what he wants me to do.”

May 3: In testimony before the Senate Judiciary Committee about the FBI’s handling of the investigation into Hillary Clinton’s use of a private email server, Comey says the idea that the agency’s disclosure of news about the probe in October 2016 affected the election’s outcome made him “mildly nauseous.”

May 6-7: Infuriated by Comey’s comments and the ongoing Russia investigation, Trump spends the weekend at his New Jersey golf resort with top aides hashing out a plan to get rid of his FBI director. Trump and White House adviser Stephen Miller collaborate on an initial memo to justify Comey’s firing that has since ended up in Mueller’s hands. It reportedly criticizes Comey for declining to publicly declare that Trump isn’t personally under investigation in the Russia probe. McGahn and others intervene to stop the memo from going out.

May 8: At a White House meeting attended by Sessions, Trump asks Deputy Attorney General Rod Rosenstein to draw up a new memo rationalizing Comey’s dismissal. That memo rests on the implausible claim that Comey must be fired because he handled the investigation of Clinton’s emails in a way that was unfair to Clinton.

May 9: Trump abruptly fires Comey, while the FBI director is out of town visiting a field office in Los Angeles.

May 10: Trump holds a meeting with Kislyak and Russian Foreign Minister Sergei Lavrov in which he brags that he “just fired the head of the F.B.I,” who he described as a “real nut job.”

“I faced great pressure because of Russia,” Trump says. “That’s taken off.”

May 11: Trump admits on national television that Comey’s firing was motivated by this “thing with Trump and Russia,” telling NBC’s Lester Holt that the probe was based on a “made-up story.”

May 17: Robert Mueller is appointed Special Counsel.

June 8, 2017: In an explosive hearing before the Senate Intelligence Committee, Comey testifies about his one-on-one interactions with Trump. He reveals that he kept detailed contemporaneous memos of those private conversations out of fear that Trump would “lie” about them. The memos are now in the possession of the special counsel.

June, exact date unknown: The President enlisted senior White House aides to carry out a smear campaign against three senior FBI officials Comey briefed on his private conversations with Trump: Comey chief of staff Jim Rybicki, soon-to-be-departing deputy FBI director Andrew McCabe, and former FBI general counsel James Baker. The effort to discredit the three officials began only after Trump learned they would likely be witnesses against him in Mueller’s probe.

June, exact date unknown: Trump orders McGahn to fire Mueller amid reports that Mueller is considering a possible obstruction case against him. The President backs down after McGahn threatens to quit instead of carrying out the order, though whether McGahn directly conveyed his threat to Trump is unclear. (In late January 2018, Trump called this account, which has been confirmed by multiple outlets, “fake news.”)

July 8: Trump personally dictates a misleading statement to the press obscuring the true purpose of a June 2016 meeting his son Donald Trump Jr. held with a Kremlin-linked lawyer. While flying back from the G-20 summit in Germany on Air Force One, Trump helps draft a statement that says the sit-down focused on a defunct program allowing U.S. citizens to adopt Russian children. In fact, the meeting was pitched as an opportunity for Trump Jr. to obtain Russian government “dirt” on Clinton—an offer the eldest Trump son enthusiastically accepted.

 August 7: Trump calls Sen. Thom Tillis (R-NC) to tell him he doesn’t like a bipartisan bill being drafted by Tillis and Sen. Chris Coons (D-Del.). The bill was designed to protect Mueller from an attempt by Trump to fire him; it has been with the Senate Judiciary Committee since September.

December, exact date unknown: Sessions reportedly begins pushing FBI Director Christopher Wray to oust his deputy, Andrew McCabe. The campaign—which leads Wray to threaten his resignation—comes after Trump’s frequent Twitter attacks on McCabe, alleging ties to Democratic politicians.

Sam Thielman contributed to this report.

This post has been updated.

Read the latest editor’s brief (Prime access) on this story »


Read More →