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The President’s Press Conference & the Real Initiation of the Leak Investigation

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No one is entitled to surreptitiously fight their battles in the media by revealing sensitive government information. – AG Jeff Sessions

The indictment of former Senate Intelligence Committee staffer and long-time Security Director for the Committee, James Wolfe, is a welcome event. His indictment and arrest was the culmination of  a lengthy investigation.

For an excellent breakdown of events leading to Wolfe’s indictment – along with likely identification of reporters involved – see this article by the Conservative Treehouse. It’s absolutely worth your time.

The Wolfe Investigation is only one of many. To understand, we need to go back in time – to January 11, 2017.

President Trump gave a free-wheeling press conference following the release of the Steele Dossier. Viewed today, this press conference provides an entirely new perspective with the benefit of hindsight. It’s obvious President Trump knew exactly what had occurred.

Recall Admiral Rogers’ sudden visit to Trump Tower on November 17, 2016…

I encourage those with time to watch the entire press conference. The video is prompted to begin at the 58:36 mark:

President Trump: I think it’s pretty sad when intelligence reports get leaked out to the press. First of all, it’s illegal. These are classified and certified meetings and reports.  I’ll tell you what does happen. I have many meetings with intelligence. And every time I meet, people are reading about it. Somebody is leaking it out.

So I said, “Maybe it’s my office. Maybe my office.” Because I’ve got a lot of people … Maybe it’s them.

What I did, is I said I won’t tell anybody. I’m going to have a meeting, and I won’t tell anybody about my meeting with intelligence.

I had my meeting. Nobody knew – not even Rhona, my executive assistant for years. She didn’t know – I didn’t tell her. Nobody knew.

The meeting was had. They left, and immediately the word got out that I had a meeting. So, I don’t want that. It’s very unfair to the country. It’s very unfair to our country what’s happening. That report should never have been…that should never ever happen.

President Trump quite literally announced to the press that he had personally engaged in a sting operation to expose the Leaker.

Following the press conference President Trump called James Clapper in for a one-on-one meeting. When concluded, Clapper issued a statement:

This evening, I had the opportunity to speak with President-elect Donald Trump to discuss recent media reports about our briefing last Friday. I expressed my profound dismay at the leaks that have been appearing in the press, and we both agreed that they are extremely corrosive and damaging to our national security.

We also discussed the private security company document, which was widely circulated in recent months among the media, members of Congress and Congressional staff even before the IC became aware of it.

I emphasized that this document is not a U.S. Intelligence Community product and that I do not believe the leaks came from within the IC. The IC has not made any judgment that the information in this document is reliable, and we did not rely upon it in any way for our conclusions.

However, part of our obligation is to ensure that policymakers are provided with the fullest possible picture of any matters that might affect national security.

President-elect Trump again affirmed his appreciation for all the men and women serving in the Intelligence Community, and I assured him that the IC stands ready to serve his Administration and the American people.

Every element of Clapper’s statement was a lie. We know that now. President Trump knew it at the time.

Here’s the timeline of events surrounding that short period:

  • December 13 2016 – Steele writes his final Dossier Memo. Asserts a Michael Cohen August meeting occurred in Prague. Cohen has never been to Prague
  • December 15 2016 – James Clapper signs off on Executive Order 12333 Section 2.3 changes – Obama’s NSA Data-Sharing Order.
  • January 3 2017 – Loretta Lynch signs Executive Order 12333 Section 2.3 changes – Obama’s NSA Data-Sharing Order. Prior to signing there existed more latitude in regards to collection of information on the Trump Campaign. Once signed into effect, Section 2.3 granted broad latitude in regards to inter-agency sharing of information. For more see here and here.
  • January 5 2017 – Clapper and Rogers testify before Senate Armed Services Committee. Clapper reaffirms his belief that Russians hacked the election.
  • January 5 2017 – Obama, James Comey, AG Sally Yates, Joe Biden and Susan Rice have follow-on conversation after briefing by IC leadership (Clapper & Brennan – possibly Comey) on Russian hacking during 2016 election. Rice will document this meeting in an email to herself on January 20, 2017.
  • January 6 2017 – Third report – Assessing Russian Activities and Intentions in Recent U.S. Elections – is released by ODNI. Clapper, Brennan & Comey agree. Rogers dissents.
  • January 6 2017 – Comey briefs President-Elect Trump on existence of “salacious and unverified” Russian “Dossier”. Clapper directs Comey to do so.
  • January 6 2017 – Within hours of Comey’s meeting with Trump, the Trump/Comey meeting and the existence of the Dossier was leaked. James Clapper later named as leaker.
  • January 10 2017 – U.S. intelligence chiefs Comey, Clapper, Brennan, Rogers brief Obama on Russian “Dossier” and attempts to “influence” Trump.
  • January 10 2017 – Steele Dossier released by Buzzfeed and reported on by CNN.
  • January 11 2017 – Trump informs the media of his first sting operation. In order to identify the people leaking classified information to the press, Trump does not tell his staff that the Intelligence Community was about to brief him. After the briefing, the news was leaked to the press leading Trump to conclude the leaks are coming from the Intelligence Community.
  • January 11 2017 – President Trump meets with Clapper one-on-one following the press conference.
  • January 11 2017 – Clapper issues statement condemning leaks.

On the day following President Trump’s meeting with Clapper an announcement was made:

  • January 12 2017 – The DOJ’s Office of Inspector General announces initiation of a review into actions taken by the DOJ and FBI in advance of the 2016 election.

The IG’s investigation was already going to happen. Lawmakers had been calling for Horowitz to initiate one. But I loved the timing.

Fast forward seven months to August 2017.

  • August 2 2017 – Christopher Wray named FBI Director.
  • August 4 2017 – AG Sessions and DNI Coats reveal a new FBI anti-leak team has been formed under DAG Rosenstein.

Jeff Sessions held a press conference regarding leaks on August 4, 2017 where he noted the formation of a newly established Leak task Force. The transcript is here.

The video is prompted to start at 3:36:

 Sessions: No government can be effective when its leaders cannot discuss sensitive matters in confidence or to talk freely in confidence with foreign leaders.

First, I directed my Deputy Attorney General Rod Rosenstein—whose district in Maryland encompassed the NSA headquarters and who has personally led these kinds of investigations— and FBI Director Christopher Wray to oversee all classified leak investigations and actively monitor the progress of each and every case.

Second, I directed the National Security Division and U.S. Attorneys to prioritize cases involving unauthorized disclosures. The Department will not hesitate to bring lawful and appropriate criminal charges against those who abuse the nation’s trust.

Third, as I said, we tripled the number of active leak investigations. In response, the FBI has increased resources devoted to leak cases and created a new counterintelligence unit to manage these cases. Simultaneously, the Department is reviewing policies that impact leak investigations.

…One of the things we are doing is reviewing policies affecting media subpoenas. We respect the important role that the press plays and will give them respect, but it is not unlimited. They cannot place lives at risk with impunity. We must balance their role with protecting our national security and the lives of those who serve in our intelligence community, the armed forces, and all law abiding Americans.

Director of National Intelligence Dan Coates followed Sessions with his own remarks:

These national security breaches do not just originate in the intelligence community. They come from within a wide range of sources within the government including the Executive Branch and Congress.

…We are prepared to take all necessary steps to identify individuals who illegally expose and disclose classified information.

…For those out there who may be listening or watching these announcements – understand this: if you improperly disclose classified information, we will find you. We will investigate you. We will prosecute you to the fullest extent of the law, and you will not be happy with the result.

On August 6, 2017, Deputy Attorney General Rod Rosenstein gave an interview to Chris Wallace (discussed here). The video and transcript can be found here:

ROSENSTEIN: Criminal prosecution isn’t the only way to prevent leaks, but it’s an important part of the solution.

We’ve created a new unit within the FBI to focus on those leaks, and we’re going to devote whatever resources are necessary to get them under control.

WALLACE: Some of the people who engaged in leaks, I don’t have to tell you, are not the so-called members of the deep state faceless bureaucrats inside intelligence agencies. They are White House officials. They are members of Congress. If you find any of them have committed these leaks, have disclosed classified information, will you prosecute?

ROSENSTEIN: Chris, what we need to look at in every leak referral we get, we look at the fact and circumstances — what was the potential harm caused by the leak, what were the circumstances? That’s more important to us than who it is, who is the leaker. So, if we identify somebody, no matter what their position is, if they violated the law, in that case it warrants prosecution, we’ll prosecute them.

WALLACE: Including White House officials and members of Congress?

ROSENSTEIN: Including anybody who breaks the law.

President Trump, Jeff Sessions, Dan Coates and Rod Rosenstein all warned of consequences from leaking. Sessions and Rosenstein both stated a special FBI Task Force had been created specifically to go after leakers.

Their language was unequivocal.

Sessions:

The Department will not hesitate to bring lawful and appropriate criminal charges against those who abuse the nation’s trust.

The FBI has increased resources devoted to leak cases and created a new counterintelligence unit to manage these cases.

One of the things we are doing is reviewing policies affecting media subpoenas.

Coates:

[The leaks] come from within a wide range of sources within the government including the Executive Branch and Congress.

We are prepared to take all necessary steps to identify individuals who illegally expose and disclose classified information.

If you improperly disclose classified information, we will find you. We will investigate you. We will prosecute you to the fullest extent of the law, and you will not be happy with the result.

Rosenstein:

We’ve created a new unit within the FBI to focus on those leaks, and we’re going to devote whatever resources are necessary to get them under control.

If we identify somebody, no matter what their position is, if they violated the law, in that case it warrants prosecution, we’ll prosecute them.

Including anybody who breaks the law.

No one can say they weren’t warned.

The Wolfe arrest is simply the beginning. Timed in advance of the Inspector General’s Report. There will be more indictments and arrests forthcoming.

@drawandstrike has a twitter thread that provides a broad perspective:

@hfinch61 correctly notes a common misconception regarding journalists:

@drawandstrike provides some clarification:

Politically motivated leaking doesn’t even approach the bar. As Jeff Sessions rightly noted:

No one is entitled to surreptitiously fight their battles in the media by revealing sensitive government information.

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