Russiagate, Steele Dossier, and Intelligence Community Surveillance
The Steele Dossier
Series of memos compiled 2016 by Christopher Steele, former MI6 officer, through his firm Orbis Business Intelligence. Steele hired by Fusion GPS, contracted by law firm Perkins Coie on behalf of Clinton campaign and DNC (FEC conciliation agreement, March 2022).
Alleged Russia had compromising material on Trump and ongoing conspiracy between Trump campaign and Kremlin. Most salacious claims (including “pee tape”) never corroborated. Durham investigation final report (May 15, 2023): FBI never possessed or found intelligence corroborating dossier’s central allegations.
Igor Danchenko
Russian-born analyst, Steele’s primary sub-source. Indicted by Durham for lying to FBI about sources. Acquitted on all counts October 2022 (U.S. v. Danchenko, E.D. Va.). Durham report concluded Danchenko’s information was at root of several key dossier claims; FBI failed to adequately vet sourcing chain.
The “17 Intelligence Agencies” Claim
October 19, 2016 presidential debate: Clinton stated “17 intelligence agencies” had confirmed Russian interference.
January 6, 2017 Intelligence Community Assessment (ICA) on Russian election interference was produced by four entities: CIA, FBI, NSA, and ODNI — not all 17 agencies.
- CIA and FBI: “high confidence” that Putin ordered campaign to help Trump
- NSA: “moderate confidence” only
Corrections:
- Associated Press: correction issued June 29, 2017
- New York Times: correction published June 29, 2017 Both acknowledged “17 agencies” framing was inaccurate.
FISA Court Abuses
Horowitz IG Report (December 9, 2019)
“Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.” Identified 17 significant inaccuracies and omissions in four FISA applications targeting Carter Page, including:
- Failure to disclose Steele’s sourcing limitations
- Failure to disclose Page’s prior relationship with CIA as operational contact
Kevin Clinesmith
FBI attorney. Altered an email from CIA to state Page was “not a source” when CIA had confirmed Page WAS a source. Pled guilty to making a false statement (January 2021, sentenced to probation). U.S. v. Clinesmith, D.D.C.
FISA Court Rebuke (December 17, 2019)
Presiding Judge Rosemary Collyer issued public order: FBI had provided the court with “information which was unsupported or contradicted by information” known to the FBI. Called conduct a breach of the court’s trust.
Durham Investigation
Special Counsel John Durham appointed by AG William Barr, October 2020. Final report released May 15, 2023.
Key Findings
FBI opened Crossfire Hurricane investigation (July 2016) without “actual evidence of collusion.” Investigation launched on basis of “raw, unanalyzed, and uncorroborated intelligence.”
Prosecutions
| Defendant | Charge | Outcome |
|---|---|---|
| Kevin Clinesmith | False statement (altering CIA email) | Guilty plea, Jan 2021, probation |
| Igor Danchenko | Lying to FBI about sources | Acquitted, Oct 2022 |
| Michael Sussmann | Lying to FBI about who he represented | Acquitted, May 2022 |
Sussmann was a Perkins Coie attorney charged with lying about who he represented when passing a tip about alleged Trump-Russia server connection. U.S. v. Sussmann, D.D.C.
Surveillance and Privacy Dimensions
Carter Page FISA Warrant
Approved October 2016, renewed three times. Under the “two-hop” rule, warrant authorized collection of:
- Page’s communications
- Communications of anyone in contact with Page
- Communications of anyone in contact with those contacts
This potentially swept in large numbers of Trump campaign and transition personnel.
Section 702 Querying
ODNI Annual Statistical Transparency Report (April 2023): FBI conducted up to 278,000 queries of US person identifiers against Section 702 data in year ending November 2021.
Congress reauthorized Section 702 in April 2024 with some reforms to querying procedures.
Sources
- Durham Special Counsel Report (May 15, 2023)
- DOJ IG Horowitz Report (December 9, 2019)
- FISA Court Order, Presiding Judge Collyer (December 17, 2019)
- U.S. v. Clinesmith (D.D.C.)
- U.S. v. Danchenko (E.D. Va.)
- U.S. v. Sussmann (D.D.C.)
- FEC conciliation agreement re: Clinton campaign/DNC (March 2022)
- AP correction (June 29, 2017)
- NYT correction (June 29, 2017)
- ODNI Annual Statistical Transparency Report (April 2023)