Former FBI lawyer to plead guilty over Page
WASHINGTON — A former FBI lawyer plans to plead guilty to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation into the probe of ties between Russia and the 2016 Trump campaign, his attorney said Friday.
Kevin Clinesmith is expected to plead guilty to one count of making a false statement related to the altering of a government email about a former Trump campaign adviser who was a target of FBI surveillance, attorney Justin Shur told the Associated Press.
The case against Clinesmith is likely to be cheered by President Donald Trump and his supporters as they look to the Durham investigation to lift Trump's wobbly reelection prospects and to expose what they see as wrongdoing as the FBI opened an investigation into whether the Trump campaign was coordinating with the Kremlin to sway the outcome of the 2016 election.
The Durham investigation, which is also examining the intelligence community’s assessment of Russian election interference, has caused deep concern among Democrats, who view it as a politically charged exercise meant to relitigate a closed investigation.
They also fear that criminal charges or public reports issued so close to the 2020 election could be timed to affect November’s vote.
The investigation has proceeded alongside a parallel effort by Senate Republicans to discredit the Russia probe, and as Attorney General William Barr has escalated his criticism of the FBI’S probe.
Barr foreshadowed the legal action in a Fox News Channel interview on Thursday night in which he said there would be a development Friday that was “not earth shattering” but would be an indication that the investigation was moving along.
Durham, the U.S. attorney for Connecticut, had no comment, a spokesman said. It remains unclear what additional charges, if any, Durham might bring or to what extent his investigation will validate Trump’s allegation that the FBI investigation was tainted by political bias — a claim for which the Justice Department watchdog found no evidence.
Clinesmith was referred for potential prosecution by the department's inspector general’s office, which conducted a review of the Russia investigation. He resigned from the FBI last year.
The inspector general’s review found that the Russia probe was opened for a legitimate reason, and it did not find proof of political bias, but it also concluded that the FBI made significant errors and omissions as it applied for secret national security warrants to eavesdrop on former Trump campaign adviser Carter Page.
Specifically, the inspector general accused Clinesmith, although not by name, of altering an email about Page to say that he was “not a source” for another government agency and forwarding it along. Page has said he was a source for the CIA.
The Justice Department relied on that assertion as it submitted a third and final renewal application in 2017 to eavesdrop on Page under the Foreign Intelligence Surveillance Act.
Clinesmith told the inspector general that, from his conversations, he did not understand Page to be a source, or a “recruited asset,” or to have a direct relationship with another government agency. But that relationship was seen as something important to disclose to the FISA court, especially if Page was being tasked by the government to have interactions with Russians.
“Kevin deeply regrets having altered the email," Shur said. “It was never his intent to mislead the court or his colleagues, as he believed the information he relayed was accurate, but Kevin understands what he did was wrong and accepts responsibility.”