While the Justice Department review is not a criminal inquiry, it has provoked anxiety in the ranks of the C.I.A., according to former officials. Senior agency officials have questioned why the C.I.A.’s analytical work should be subjected to a federal prosecutor’s scrutiny.
Two points are made there and both are clearly wrong. It damned well is an investigation not a “review.” James Comey — probably at the behest of then-Attorney General Loretta Lynch — only referred to the FBI’s investigation of Hillary Clinton’s felonious use of a private, unsecured email system as a “matter.” By doing so he tried to exclude the possibility that it was a criminal investigation despite the fact that it very much was one. So is the Barr/Durham investigation. It’s not a “review.” By definition, such an investigation is an investigation into possible criminal actions. The reason the CIA’s “analytical work” is being subjected to a federal prosecutor’s scrutiny is that there is a lot of evidence of criminal conduct by the CIA and FBI. That’s one of the fundamental differences between the Barr/Durham investigation and the Mueller investigation into the imaginary conspiracy between candidate Trump and his campaign and the Russians. Mueller & Co. had no evidence that a crime had been committed before their investigation began. (Or after, for that matter.) The Mueller investigation was, as I’ve noted elsewhere, consistent with the method used by Stalin’s secret police chief Lavrenti Beria: show me the man and I’ll show you the crime. In the Barr/Durham investigation, it’s pretty damned clear that in their abuse of power under the Foreign Intelligence Surveillance Act the FBI, and possibly the CIA, made false statements to the FISA court, under oath, to justify surveillance warrants on Carter Page and others. Those false statements — sworn affidavits in support of the FISA warrants — are, at least, violations of 18 U.S. Code Section 1001 which bars such false statements. Those are real crimes, not imaginary ones. Whatever other crimes are discovered while investigating them will come out as well.
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