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While Baker may no longer work for the FBI, he did at the time Sussmann fed him the Alfa Bank folly. As an American, he should have been appalled that the former Clinton campaign attorney would play the law enforcement and intelligence communities for political purposes. Also, had Baker pulled his cell phone records earlier, the text could have served as a separate false statement chargeâone proven in black-and-whiteâbut the delay in Baker finding the text allowed the statute of limitations to expire.
Bill Priestap, the assistant director of the Counterintelligence Division for the FBI in 2016, likewise displayed a grudging demeanor when testifying on behalf of the special counsel. When asked whether it was âimportantâ for Sussmann âto fully disclose his ties to the Clinton campaign,â rather than provide a straightforward answer, Priestap sparred with the prosecutor, first saying it âwould have been part of several factors.â Then, when pushed, Priestap said, âIâm struggling on your use of the word âimportant.â Itâs a motivation that is relevant, but not the only factor.â
Prosecutors, however, had ample other evidence that established the materiality of Sussmannâs misrepresentation to Baker. But the jurors didnât care because the jury, in the truest sense, was a jury of Sussmannâs peers. Just as his actual colleagues, Baker and Priestap, shrugged off the Section 1001 false statement offense, so did the jury, who could easily envision their neighbors and friends sitting in his stead.
But the proof that the FBI is no longer âoursâ came even before the jury verdictâmonths earlier, when Special Counsel John Durham revealed in a discovery update that the Department of Justiceâs Office of Inspector General withheld evidence from Durhamâs team.
The DOJâs OIG is charged with conducting independent investigations related to DOJ employees and programs, including alleged misconduct by FBI agents. In preparing for the Sussmann trial, the special counselâs office met with the OIG in October 2021 âto discuss discoverable materials that may be in the OIGâs possession.â
Even though the OIG possessed two of Bakerâs FBI cellphones, prosecutors were not told of the phonesâ existence by the OIG. Rather, the special counsel only learned of the two cellphones on January 6, 2022, when another FBI employee mentioned them.
The same discovery update that revealed the OIG had failed to mention Bakerâs cell phones also noted that the OIG had falsely told Durhamâs team that âa written forensic reportâ was the only information it possessed concerning a meeting between Sussmann and the OIG.
That meeting had occurred in early 2017, when Sussmann, on behalf of an unnamed client now known to be Joffe, went to the IG with a report that his client âhad observed that a specific OIG employeeâs computer was âseen publiclyâ in âInternet trafficâ and was connecting to a Virtual Private Network in a foreign country.â The OIG provided the special counsel with the forensic report, but in doing so, also represented to prosecutors that it had âno other file[] or other documentationâ relating to this cyber matter.â
However, after Sussmannâs defense team informed Durham that Sussmann had personally met with the IG, the special counselâs office circled back and, amazingly, the OIG discovered additional documentation related to Sussmannâs meeting with the IG. That the OIGâthe entity charged with investigating FBI misconductâwithheld not one, but two pieces of evidence from the special counselâs office until cornered should crush any remaining faith our country holds in the FBI.
And there was little trust left after the FBI launched Crossfire Hurricane on the most ridiculous of pretexts; after text messages revealed Lisa Page and Peter Strzokâs anti-Trump sentiments drove the Crossfire Hurricane team members; after the FBI and DOJ obtained four court surveillance orders based on fraud and then illegally surveilled Carter Page; after fired FBI Director James Comey leaked to the press, via an attorney friend, memos he had written following meetings with then-President Trump, to prompt the appointment of a different special counsel; and after FBI agent William Barnett told investigators that he believed Special Counsel Robert Muellerâs office used the prosecution of Gen. Michael Flynn âto get Trump.â
The special counselâs prosecution of Sussmann offered an opportunity for the country to see at least a small acknowledgment that the politicization of the FBI would not be tolerated. Instead, Americans witnessed confirmation by former FBI agents, the OIG, and the DC jury that the FBI is theirs, not ours.
https://thefederalist.com/2022/06/01/the-special-counsel-proved-the-fbi-belongs-to-the-swamp/