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Anonymous ID: 9180d1 Aug. 19, 2020, 10:53 a.m. No.10343199   🗄️.is 🔗kun   >>3431

https://threadreaderapp.com/thread/1296133957424160769.html?refreshed=1597859518

 

In a criminal hearing before federal Judge James Boasberg, former FBI attorney Kevin Clinesmith just informed the court that he pleads guilty to the charge of doctoring evidence included in the FISA warrant against Carter Page.

 

The judge has not yet accepted the plea.

Boasberg, who currently presides over the FISA court, said he would recuse himself from the case if either the prosecution or the defense wished for him to do so. Both DOJ and Clinesmith's attorneys said they do not wish for Boasberg to recuse himself.

Boasberg points to a 10-page plea agreement between Clinesmith and DOJ, signed by Clinesmith, and asks if that is the plea agreement Clinesmith intends to be binding. Clinesmith says that is correct.

 

That 10-page plea agreement has not yet been made available to the public.

Boasberg asks Clinesmith if he admits, per the criminal information and the plea agreement, to deliberately altering an e-mail about Carter Page to state something that he knew was not true.

 

Clinesmith claims he believed the information was accurate when he doctored the e-mail.

Boasberg follows up with Clinesmith and asks if he deliberately altered a CIA e-mail to say something about Carter Page that the CIA never said. Clinesmith states that he did deliberately doctor the e-mail from the CIA.

Boasberg just said that, based on the law and the evidence and Kevin Clinesmith's statement, he accepts Clinesmith's guilty plea for doctoring evidence in a FISA warrant application against Carter Page and finds Clinesmith guilty of one count in violation of 18 U.S.C. 1001.

 

https://twitter.com/seanmdav/status/1296138291763449857

Anonymous ID: 9180d1 Aug. 19, 2020, 10:55 a.m. No.10343223   🗄️.is 🔗kun

https://threadreaderapp.com/thread/1296135127081390083.html

 

After brief delay, the plea hearing for former FBI lawyer Kevin Clinesmith is now underway. Judge Boasberg, who currently leads the surveillance court, begins by asking both sides if they want him to recuse from the case, given that the court could be seen as a victim. 1/xx

Prosecutors and defense lawyers tell the judge they do not want him to recuse. Judge Boasberg proceeds and says the maximum penalty for the false statements charge is 5 years in prison and 3 years supervised release, along with money fines. 2/xx

The government has agreed not to seek to detain Clinesmith before sentencing, and the advisory range for his eventual sentence is 0 to 6 months, the judge says. 3/xx

Clinesmith says, after conferring with his lawyer, "at the time I believed the information that I was providing in the email was accurate" but that he's now agreeing "that I inserted the information" that Carter Page was "not a source" of the CIA. 4/xx

Clinesmith says no one has forced him or threatened him to plead guilty, and that he's satisfied with his lawyers. Judge Boasberg accepts the plea of guilty to one false statements count. Sentencing is scheduled for December 10, 2020 at 11 a.m. 5/xx

Prosecutor asks that Clinesmith surrender his passport and get prior approval from DOJ before domestic travels. Defense has no objection. "We'll see you in December," the judge concludes. 6/6

 

https://twitter.com/i/status/1296135127081390083

Anonymous ID: 9180d1 Aug. 19, 2020, 10:58 a.m. No.10343264   🗄️.is 🔗kun

https://threadreaderapp.com/thread/1296133870128115712.html?refreshed=yes

 

CLINESMITH judge James Boasberg notes that he is also a judge on the foreign intelligence surveillance court, to which Clinesmith is pleading guilty to lying.

 

He says this won’t affect his ability to preside over the Clinesmith matter.

Boasberg emphasizes that Clinesmith is under oath and can be prosecuted if he gives false answers during his plea colloquy

CLINESMITH does not agree the email he altered actually included false info. While he admits he changed the email, it included information he says he believed to be true.

CLINSEMITH sentencing will be Dec. 10.

 

https://twitter.com/kyledcheney/status/1296138264169111554

Anonymous ID: 9180d1 Aug. 19, 2020, 11:02 a.m. No.10343314   🗄️.is 🔗kun   >>3330

https://twitter.com/i/status/1296130438684180480

 

https://threadreaderapp.com/thread/1296130438684180480.html?refreshed=1597860025

 

The parties at the Kevin Clinesmith plea agreement hearing are having connection issues with the teleconference call.

The DOJ team are on the call now. Anthony Scarpelli introduced Timothy Fuhrman, who was named as a member of the Durham team by CNN sources back in April.

Washington Examiner description of Timothy Fuhrman:

 

Kevin Clinesmith and his attorneys are on the call now.

JUDGE: Are you and your client read to go forward with a plea?

 

Clinesmith's attorney: Yes, judge.

Clinesmith's charge is being read.

Clinesmith says he intends to plead guilty.

Boasberg says he is the head FISC judge and says Clinesmith case was randomly assigned to him.

Judge Boasberg says he believes that his role on the FISC doesn't preclude him from presiding over the case. But he notes the FISC can be viewed as a victim.

Judge Boasberg says that if either side wants to call for recusal he would recuse. Scarpelli says he doesn't want judge to recuse. Clinesmith's team also says they don't want the judge to recuse.

Government and defense now say they are ready to proceed with the plea.

Clinesmith took oath.

The Clinesmith plea agreement is 10 pages long, Judge Boasberg says.

Judge about to go over some of the terms of the plea agreement.

Clinesmith plea agreement: government will not prosecute Clinesmith for any other conduct stated in the statement of offense (not yet public.)

Clinesmith plea agreement: government agreed to not modify the conditions of his release.

Clinesmith sentencing guideline range: 0-6 months. Judge Boasberg notes that he can still sentence above that range.

Judge now going over the statement of offense. It's 8 pages long.

Judge asks if Clinesmith knew that the statement "not a source" was "not in fact true."

 

Clinesmith says he thought at the time that the statement was true, but admits to altering email.

NEWS: Kevin Clinesmith pleads guilty. Judge Boasberg accepts the plea.

Judge sets sentencing hearing for Kevin Clinesmith for December 10 at 11 a.m.

 

Pretrial memos due a week in advance.