DOJ’s Russia probe review focusing on ‘smoking gun’ tapes of meeting with Trump aide: sources
The Justice Department’s internal review of the Russia investigation is zeroing in on transcripts of recordings made by at least one government source who met with former Trump campaign aide George Papadopoulos overseas in 2016, specifically looking at why certain “exculpatory” material from them was not presented in subsequent applications for surveillance warrants, according to two sources familiar with the review.
The sources also said the review is taking a closer look at the actual start date of the original FBI investigation into potential collusion between members of the Trump campaign and the Russians, as some allege the probe began earlier than thought. Both components are considered key in the review currently being led by Attorney General Bill Barr and U.S. Attorney from Connecticut John Durham — an effort sure to draw more attention in the coming weeks and months now that Robert Mueller’s testimony is in the rearview.
The recordings in question pertain to conversations between government sources and Papadopoulos, which were memorialized in transcripts. One source told Fox News that Barr and Durham are reviewing why the material was left out of applications to surveil another former Trump campaign aide, Carter Page.
“I think it’s the smoking gun,” the source said.
Turkey Lobbying Case Reveals Avenue to FISA Spying Abuse
The case, however, was notable for another reason. It demonstrated how far the U.S. government has stretched the law to label Rafiekian an “agent of a foreign government”—a label that appears to open the doors for the FBI and the Justice Department to target American citizens, such as Rafiekian or Flynn, for extremely intrusive surveillance under the Foreign Intelligence Surveillance Act (FISA).
Many Republicans in Congress have alleged that Trump’s opponents in various branches of the government have abused the Act to spy on his aides. Attorney General William Barr set out to explore the issue, while the Justice Department’s Inspector General (IG) is expected to soon release a report addressing the matter.
The Rafiekian case adds another dimension to the issue.
Section 951
Rafiekian was charged under Section 951, which stipulates that “an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official” will face up to 10 years in prison unless he or she first informs the Attorney General in writing who he is, what he’s about to do, and for whom.
On its face, the statute is extremely broad. If a foreign minister gives someone $5 to buy him a slice of New York pizza, does one have to tell the Attorney General first? That’s why the law has several exceptions, such as excluding “any person engaged in a legal commercial transaction.”
The enforcement of the statute is managed by the Justice Department’s National Security Division, which called Section 951 “espionage lite,” saying that it “generally involves espionage-like or clandestine behavior or an otherwise provable connection to an intelligence service, or information gathering or procurement-type activity on behalf of a foreign government,” according to a 2016 IG report (pdf).
But Rafiekian wasn’t alleged to have engaged in any such activity.
Brian cates thread about Papadopolous and the article posted at #1639
https://threadreaderapp.com/thread/1154756033123880961.html?refreshed=yes