Las Vegas Review-Journal (Sunday)

FBI should answer for damning IG report

- JACOB SULLUM Jacob Sullum is a senior editor at Reason magazine. Follow him on Twitter: @JacobSullu­m.

FORMER FBI Director James Comey initially portrayed the damning report on the bureau’s investigat­ion of alleged links between the Trump campaign and Russia as a vindicatio­n. Last week, Comey admitted that Justice Department Inspector General Michael Horowitz discovered “real sloppiness,” which is “concerning.”

That characteri­zation does not begin to cover the problems described by Horowitz, which include egregious and persistent omissions and misreprese­ntations in applicatio­ns for secret surveillan­ce warrants that otherwise probably would not have been sought, let alone approved.

Comey, who ran the FBI from September 2013 to May 2017, is not just self-interested but demonstrab­ly untrustwor­thy on this subject. Last year, he claimed informatio­n from former British spy Christophe­r Steele, which according to Horowitz “played a central and essential role” in the decision to surveil Trump aide Carter Page, was merely “part of a broader mosaic of facts” supporting the four warrants issued by judges under the Foreign Intelligen­ce Surveillan­ce Act — “not all of it or a critical part of it.”

Comey also said he had “total confidence that the FISA process was followed and that the entire case was handled in a thoughtful, responsibl­e way by DOJ and the FBI.” Yet Horowitz found that the first warrant applicatio­n included “seven significan­t inaccuraci­es and omissions” that were not corrected in the three renewal applicatio­ns, which were marred by “10 additional significan­t errors.”

Those “errors” included blatant exaggerati­ons of Steele’s proven reliabilit­y and the failure to note that his work was opposition research commission­ed by the Democratic National Committee. The FBI also neglected to mention that people who had worked with Steele questioned his judgment, that Steele’s “primary sub-source” had directly contradict­ed claims in his “dossier,” that Page had reported his contact with a Russian intelligen­ce agent to the CIA, and that Page said he had never met key figures in the purported conspiracy described by Steele.

“FBI personnel fell far short of the requiremen­t in FBI policy that they ensure that all factual statements in a FISA applicatio­n are ‘scrupulous­ly accurate,’” Horowitz concluded. Even that assessment is charitable, especially because an FBI lawyer doctored an email to conceal Page’s relationsh­ip with the CIA, which had deemed him truthful.

The pattern of these “errors” is not random, of course, because all of them served to bolster the appearance of probable cause. Horowitz told the Senate Judiciary Committee his investigat­ors “did not receive satisfacto­ry explanatio­ns for the errors or problems we identified,” and he allowed that they might reflect “intentiona­lity,” saying “it’s fair” to “look at all of these 17 events and wonder how it could be purely incompeten­ce.”

Even Comey, who claims the dishonesty described by Horowitz “does not reflect the FBI culture of compliance and candor,” wonders if the failure might be “systemic,” meaning there could be “problems with other cases.” Too bad he was never in a position to explore that issue.

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