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McCarthy Breaks Down Dossier Revelations
The revelation that Hillary Clinton’s campaign and the Democratic National Committee funded the ongoing production of the infamous anti-Trump dossier leads former federal prosecutor Andrew C. McCarthy to assert there are even more critical questions that need answers now.
On Tuesday, the Washington Post revealed that after months of denying any connection to the dossier, it is now confirmed that the Clinton campaign and the DNC provided part of the funding for the ongoing work into the dossier after the still unknown Republican who first started the project backed down.
The Post story points out the funding from the Democrats and the Clinton team ran from April-October 2016. It was only after the Democrats got involved that former British intelligence officer Christopher Steele was brought onto the investigation.
In addition, the report states the FBI briefly picked up the tab for the work on the dossier to continue even after Election Day. The bureau dropped the effort after Steele’s identity was made public.
McCarthy says some things are now clearer about this controversy.
“What we now know is that the source of all this, to the extent that it was funded, were obviously opponents of Donald Trump.
“Apparently, it was initially a Republican outfit or rival of Trump’s that started this ball rolling. Around April or so of 2016, the effort was taken up by the Clinton campaign and the DNC through a law firm called Perkins Coie,” said McCarthy.
As the Washington Post explained, the Washington-based research firm Fusion GPS was already working on the dossier when the Democrats and the Clinton campaign started funding the effort. Perkins Coie did the finances, paying Fusion GPS from the Clinton campaign and the DNC through the law office.
And McCarthy says that’s not the only odd role played by Perkins Coie in the sordid 2016 campaign.
“That…is the same law firm that retained Crowdstrike, which is the cybersecurity outfit that examined the Democrat National Committee servers when they learned that they were hacked, also around April of 2016. I think it’s a very interesting coincidence that these two scandals seem to be colliding at this point,” said McCarthy.
The reaction to the Democrats being deeply connected to the dossier is drawing an interesting response from the left. Just months after accusing Trump campaign officials of collusion and possible treason for being willing to meet with Russians at Trump Tower to get a look at opposition research on Clinton, they say there’s nothing to see in Clinton and the DNC funding an effort, based largely on Russian contacts, to torpedo Donald Trump.
“The first I learned of Christopher Steele or saw any dossier was after the election,” former Clinton campaign spokesman Brian Fallon told the Post.
“But if I had gotten handed it last fall, I would have had no problem passing it along and urging reporters to look into it.Opposition research happens on every campaign, and here you had probably the most shadowy guy ever running for president, and the FBI certainly has seen fit to look into it. I probably would have volunteered to go to Europe myself to try and verify if it would have helped get more of this out there before the election,” said Fallon.
McCarthy says the differing responses are jarring.
“The media acts horrified that Trump would be doing opposition research on Hillary and with respect to this story on the dossier, we’re now supposed to see it as politics as usual. So there is a double standard in the coverage,” said McCarthy.
However, McCarthy is not letting the Trump team off the hook. He says they created their own public relations nightmare.
“The biggest problem the Trumps had is that they weren’t forthcoming about the reason for the meeting. When they were originally asked about it, they said there had never been any such meeting. Then when it turned out there was a meeting, they said it was about one thing and then when it turned out the New York Times had their emails, they came clean about what the meeting was about,” said McCarthy.
McCarthy says there are many critical questions going forward. For him, the most important issues concern the federal government use of a dossier funded by partisans to instigate surveillance on Trump associates.
“Specifically, there’s a claim that they’ve used information that was in this dossier that we now know was paid for by the Clinton campaign. The report is that they used information from that dossier in presenting their warrant application to the FISA court and then they were given authority to do this eavesdropping,” said McCarthy.
He says that may or may not constitute a scandal depending upon the facts.
“That’s not necessarily a scandal, as long as they corroborated whatever information from the dossier they used before they brought it to the court and as long as they had a good faith reason for the people they wanted to surveil were actually acting as Russian agents.
“If any of those things isn’t true, that would be a big problem,” said McCarthy.
He says another key question is what the court was told about how and where the feds go their intelligence.
“It would also be very useful to know what representations did they make about the source of the information that they got from the dossier, assuming they did that as reported,” said McCarthy.
The dossier story is just one headache for the Clintons and their associates. In the past week, reports also reveal special counsel Robert Mueller is now conducting a criminal inquiry into the Podesta Group, which has close ties to Clintons. John Podesta served as chairman of Hillary Clinton’s 2016 campaign.
In addition, congressional hearings will soon be held to follow up on revelations that the FBI conducted an undercover investigation into the Russian bribery scheme to steer U.S. nuclear policy in Moscow’s favor, including the awarding of 20 percent of America’s uranium supply to the Russians. Despite years worth of evidence, the FBI did not intervene to stop the Uranium One contract.
McCarthy says there are two critical questions to be answered on that emerging story.
“I’d like to see testimony from this witness who’s been identified as they informant in that Uranium One deal, where Russia ended up getting 20 percent of our uranium reserves and the Clinton Foundation was grotesquely enriched,” said McCarthy.
He’s especially dumbfounded that the uranium deal was allowed to proceed.
“Not only how did it help the national security to allow Russia to acquire these reserves, but why was that allowed to be done when we had a pending provable, prosecutable racketeering investigation on the outfit that was acquiring the reserves?” said McCarthy.
Lawyer for FBI Informant Talks Russia Uranium Probe
The lawyer for a former FBI informant who gathered evidence of a massive Russian bribery scheme to influence U.S. nuclear policy during the Obama administration says it is illegal for the government to prevent her client from speaking to Congress about what he knows.
She also says her client’s revelations went largely ignored by the FBI for political reasons and that he was threatened with criminal prosecution by the Justice Department under former Attorney General Loretta Lynch if he ever spoke publicly about the case.
Victoria Toensing has been representing the unnamed informant for the past several weeks. Toensing is a former deputy assistant attorney general and a former federal prosecutor. She is now a partner in the Washington law firm of diGenova & Toensing.
She says this whole saga began more than eight years ago.
“My client began working with the FBI in 2009 after he was contracted with the Russian company in the nuclear business. All of a sudden, he was asked to take part of his salary and give it as kickback money in bribes. They didn’t say it that way. They just said take part and pay this person, pay that person. So he went to the FBI. He was appalled,” said Toensing.
“The FBI saw an opportunity and they said, ‘Work undercover for us.’ So he thought he was being a good American and he reported not only the payoffs – that was just run of the mill corruption, it’s bad corruption – but also it was important for the government as a counterintelligence measure to get information about what the Russians were doing,” said Toensing.
Toensing says her client fed volumes of information to the FBI only to learn the bureau did nothing with it.
“So that started in 2009. Can you imagine my client’s surprise when he finds out in October 2010 that the U.S. government authorized the purchase by these corrupt companies of a company [that provided] 20 percent of the uranium for the United States?” said Toensing.
The informant was dumbfounded.
“‘Why did this go through? Why did this happen? Look, I’ve been giving you all this information,’ he says to his FBI people. They kind of rolled their eyes and one of them said, ‘Politics,'” said Toensing.
No prosecutions occurred in the case until 2014 and Toensing says even then the worst penalties amounted to a slap on the wrist. The ordeal took a much uglier turn when the Justice Department refused the informant’s request for reimbursement.
“My client was never given the money back that he paid out from his own salary that the FBI had promised to give him, so he brought suit in 2016,” said Toensing, who was not representing him at that time.
“When he filed this suit, the Loretta Lynch Justice Department called his lawyer and threatened him and said, ‘If you don’t withdraw this lawsuit, we’re going after your liberty and reputation,” she added.
The Justice Department staked its argument on the non-disclosure agreement, or NDA, that the informant signed when first agreeing to funnel evidence to the FBI.
“They said, ‘You signed a non-disclosure agreement when you started working and you will be violation of that non-disclosure agreement, and we will prosecute you for that,'” said Toensing.
In decades of legal work, Toensing says she’s never come across a threat like that over an NDA.
“I’ve never heard of a criminal penalty in a non-disclosure agreement. It’s usually a civil penalty, a $25,000 fine or something,” said Toensing, who also says there almost always exceptions to the NDA, such as court subpoenas or congressional testimony.
Furthermore, she says the Justice Department won’t even allow her client to see his NDA.
“How do I know? When the lawyer in 2016 filed a [Freedom of Information] request to get that non-disclosure agreement, the government refused to answer, wouldn’t even respond,” said Toensing.
The effort now is to waive the terms of the NDA. Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, is formally inviting Toensing’s client to testify and also asking Attorney General Jeff Sessions to release him from the NDA to testify.
Toensing says if given the opportunity, her client’s testimony will be “significant” but she doesn’t see how the testimony can legally be blocked.
“It’s a constitutional issue. The executive branch can’t forbid someone from giving information to the legislative branch. That’s a separation of powers issue,” said Toensing.
When asked if Sessions’ decision to recuse himself from the probe into Russian involvement in the 2016 elections could complicate his decision on Grassley’s request for the informant to testify, Toensing says it is vital no to intertwine or conflate the two matters.
“No, no, no, no. Don’t do this. This is not all things Russia. I haven’t met a reporter yet who understands this, which shows you how good the Democrats are in their talking points.
“Jeff (Sessions) recused himself because he was involved in the campaign and there’s a specific Justice Department guideline that says if the campaign is being investigated, if you participated in the campaign you have to recuse yourself. This is not all things Russia,” said Toensing.
She says Trump could also release her client from his NDA.
While on the subject of recusal, Toensing says former FBI Director Robert Mueller ought to step aside as special counsel following the revelation from the informant that the FBI sat on the Russian corruption while Mueller was in charge.
Toensing says that alone is not evidence of any misdeeds by Mueller, but she says the mere appearance of impropriety should lead him to step away from the investigation.
In addition, she says the virtual media blackout on this story since the explosive reports emerged earlier in the week is stunning.
“Gosh, it’s just amazing. I was told by a friend of mine that knows something about this that he approached CNN and they said, ‘No, we don’t want to do it.’
“I was called by CNN [Thursday] just to give some facts. At the end, I said, ‘Well, why don’t you have me on.’ ‘Oh that’s a good idea. We’ll get back to you,'” said Toensing.
“Jake Tapper had (former Attorney General) Eric Holder on the other day after this story broke and didn’t even ask him if he had been briefed on the corruption investigation. He didn’t even ask him. He calls himself a journalist?” said Toensing.
Sunlight for New Russia Scandal, Unmasking Mess Gets Worse, ‘Fake Melania’
As they celebrate seven years of the Three Martini Lunch, Jim Geraghty of National Review and Greg Corombos of Radio America also applaud Senate Judiciary Committee Chairman Chuck Grassley for requesting testimony from the FBI informant behind the explosive reports of Russians engaging in bribes, kickbacks, and Clinton Foundation donations in order to get Hillary Clinton’s help in steering 20 percent of U.S. uranium to Russia. They also wonder just how deep the unmasking scandal goes, as former U.S. Ambassador to the United Nations Samantha Power says she had nothing to do with the vast majority of the 260 unmasking requests done in her name. And they have fun with the absurd but viral contention among liberals on social media that someone else was pretending to be First Lady Melania Trump during a recent appearance with the president.