Sunday Star-Times

Danielle McLaughlin

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In testimony on Capitol Hill this week, the Inspector General of the FBI, Michael Horowitz, laid out the results of an 18-month investigat­ion into aspects of the bureau’s probe into Russian interferen­ce in the 2016 United States presidenti­al election.

Some of what the watchdog found was not pretty for the FBI, one of the world’s pre-eminent domestic investigat­ive agencies.

Horowitz and his team conducted 170 interviews with more than 100 witnesses, and reviewed more than a million pages of documents, including emails and text messages.

The investigat­ion concerned several facets of the Russia probe: the decision to open the Russia counterint­elligence investigat­ion; the FBI’s relationsh­ip with the author of the ‘‘Steele Dossier,’’ former MI6 agent Christophe­r Steele; the validity of four applicatio­ns to a secret court to monitor former Trump adviser Carter Page; the conduct of certain Department of Justice officials close to Steele; and the FBI’s use of undercover agents.

The questions with the biggest political impact were whether the probe’s opening and conduct were tainted by anti-Trump bias, and whether the surveillan­ce of Page was properly obtained.

Despite years of complaints from the president and his allies that the Russia investigat­ion was rigged and staffed with ‘‘never Trumpers’’, Horowitz found that there was no political bias or improper purpose motivating the conduct of the FBI.

The predicate for opening the investigat­ion – a Trump aide’s disclosure to an Australian diplomat that Russia had dirt on Hillary Clinton – was found to be legally sufficient.

Despite Trump’s allegation of ‘‘spying’’ on his campaign, the watchdog found no evidence that the FBI tried to place human sources in the Trump campaign, recruit members of the campaign as human sources, or ask human sources to report on the campaign.

Horowitz also found that the FBI’s scrutiny of Trump advisers Paul Manafort, Michael Flynn and others as the investigat­ion continued was similarly untainted by political prejudice.

But that is where the ‘‘good’’ news for the FBI ended.

Horowitz’s review of the FBI’s applicatio­ns to a special court convened under the Foreign Intelligen­ce Surveillan­ce Act (FISA) found a litany of mistakes and omissions.

Horowitz found 17 distinct problems connected to the first applicatio­n establishi­ng the surveillan­ce of Page, starting in September 2016, and the three renewals submitted by the FBI and approved by the FISA court.

One of the worst offenders was a low-level FBI lawyer who doctored an email to make it look like Page had no prior relationsh­ip with the CIA – a fact which, if known, may have led the FISA court to deny surveillan­ce entirely.

Horowitz revealed that the FBI knew that Page had had operationa­l contact with the CIA between 2008 and 2013, and had provided informatio­n to the CIA about his contacts with certain Russian intelligen­ce officers.

In short, Page was working with the US government, and likely not against it.

Another serious failure was that in January 2017, the FBI learned that the Steele Dossier – which detailed alleged contacts between Trump, his campaign, associates, and Russia – was unreliable. Not because its origin was political (the FBI knew that, and frequently received informatio­n with an implicit ‘‘bias’’), but because there were concerns about the reliabilit­y of Steele’s sources, as well as contradict­ory informatio­n later obtained from them.

Despite the fact that the dossier was a fundamenta­l part of the three subsequent FISA renewals, the FBI did not disclose these findings to the FISA court.

Horowitz said he could not rule out political bias as a motivation for some of these serious issues. Who could blame him?

These findings identified ‘‘serious performanc­e failures’’, according to Horowitz, and his 40 recommenda­tions to create safeguards against the abuses of process found have been accepted by FBI Director Christophe­r Wray.

Some of Horowitz’s findings are a political ‘‘win’’ for Trump and his supporters, who have long railed against the Russia probe. But, apropos of the president, his team has already blown it up into something it is not.

‘‘They spied on me’’, Trump tweeted. No, they did not.

The president persists in his ‘‘deep state’’ myth, seeking to convince anyone who will listen that every single institutio­n comprising the US democratic system is out to get him.

It’s worth considerin­g that Horowitz reviewed a million documents, including thousands of text messages that were never expected by their authors or recipients to see the light of day.

The conclusion that there was no personal or institutio­nal bias in the opening and operation of the investigat­ion into his campaign’s Russia ties is robust, to say the least.

The president maintains that the Russia investigat­ion was a ‘‘hoax’’, despite the fact that all 17 intelligen­ce agencies in the US have concluded that Russia did indeed meddle in the 2016 election to help Trump and hurt Clinton.

Recently, sworn testimony from former advisers Steve Bannon and Rick Gates revealed that thencandid­ate Trump was in close contact with Wikileaks conduit Roger Stone, and in July 2106 was advised by Stone that WikiLeaks, with its trove of Democrats’ emails stolen by Russia, was about to dump more emails, hurting the Clinton campaign.

Finally, the Trump campaign constantly lied about contacts with Russian officials both before and after the 2016 election. The Moscow Project has counted 272 contacts between the Trump camp and Russian operatives, 38 of which were actual meetings.

The Mueller report investigat­ed and revealed many of these contacts, and the extent to which the Trump team sought to cover them up: ‘‘The investigat­ion establishe­d that several individual­s affiliated with the Trump campaign lied to the office, and to Congress, about their interactio­ns with Russian-affiliated individual­s and related matters. Those lies materially impaired the investigat­ion of Russian election interferen­ce.’’

It’s one thing to be vindicated by the Horowitz report. It’s quite another to lie about what it found, furthering the damage already done by the men and women who let the FBI down.

Where to from here? There is more to investigat­e.

Horowitz testified this week that his office is still looking into alleged leaks from the FBI’s New York field office in the weeks leading up to the 2016 election.

Trump lawyer Rudy Giuliani is understood to have improperly received informatio­n about potentiall­y new emails discovered on a Clinton aide’s laptop. This leak forced then-FBI director James Comey to announce that he was reopening the investigat­ion into Clinton’s emails two weeks before the 2016 election. Comey found no further wrongdoing, but the damage was done.

Both Democrats and Republican­s have found plenty to crow about, and plenty to complain about, in the Horowitz report. Such is the nature of politics.

But did anyone involved come out of this unscathed? Horowitz says no. ‘‘The activities we found here don’t vindicate anybody who touched this,’’ he said.

Both Democrats and Republican­s have found plenty to crow about, and plenty to complain about, in the Horowitz report.

Danielle McLaughlin is the Sunday Star-Times’ US correspond­ent. She is a lawyer, author, and political and legal commentato­r, appearing frequently on US and New Zealand TV and radio. She is also an ambassador for #ChampionWo­men, which aims to encourage respectful, diverse, and thoughtful conversati­ons. Follow Danielle on Twitter at @MsDMcLaugh­lin.

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