Monday, June 6, 2022

Senator Reid's Letters to FBI Director Comey

This letter clarifies my previous blog article, titled The FBI's Leaks About Its Investigation of Trump, where I wrote:

The official story is that the FBI indeed was investigating [President Donald] Trump for good reason, but was keeping its investigation very secret. The culprit who revealed the FBI investigation to the public was Senator Harry Reid. He did so on October 30, nine days before the election.

The situation seems to be that Reid -- because he was the Senate leader -- had been briefed about the FBI investigation of Trump, but Reid was supposed to keep that investigation secret from the public. However, Reid was so angry at [FBI Director James] Comey for recently re-opening the investigation of Hillary Clinton's e-mails that Reid revealed to the public the FBI investigation of Trump.

However, I wonder whether Comey really wanted Reid to keep the FBI investigation of Trump secret. Perhaps Comey expected and even wanted Reid to reveal the FBI investigation right after the briefing.

Now that I have reviewed Reid's letter, I recognize that I was wrong to write that Reid had "revealed the FBI investigation to the public". Rather, Reid's letter indicated only that Comey possessed "explosive information". The letter's essential text (emphasis added):

Dear Director Comey:

Your actions in recent months have demonstrated a disturbing double standard for the treatment of sensitive information, with what appears to be a clear intent to aid one political party over another. I am writing to inform you that my office has determined that these actions may violate the Hatch Act, which bars FBI officials from using their official authority to influence an election. Through your partisan actions, you may have broken the law.

The double standard established by your actions is clear.

In my communications with you and other top officials in the national security community, it has become clear that you possess explosive information about close ties and coordination between Donald Trump, his top advisors, and the Russian government – a foreign interest openly hostile to the United States, which Trump praises at every opportunity. The public has a right to know this information. I wrote to you months ago calling for this information to be released to the public. There is no danger to American interests from releasing it. And yet, you continue to resist calls to inform the public of this critical information.

By contrast, as soon as you came into possession of the slightest innuendo related to Secretary Clinton, you rushed to publicize it in the most negative light possible.

Moreover, in tarring Secretary Clinton with thin innuendo, you overruled longstanding tradition and the explicit guidance of your own Department. You rushed to take this step eleven days before a presidential election, despite the fact that for all you know, the information you possess could be entirely duplicative of the information you already examined which exonerated Secretary Clinton.

As you know, a memo authored by Deputy Attorney General Sally Yates on March 10, 2016, makes clear that all Justice Department employees, including you, are subject to the Hatch Act. The memo defines the political activity prohibited under the Hatch Act as “activity directed towards the success or failure of a political party, candidate for partisan political office, or partisan political group.”

The clear double-standard established by your actions strongly suggests that your highly selective approach to publicizing information, along with your timing, was intended for the success or failure of a partisan candidate or political group.

Please keep in mind that I have been a supporter of yours in the past. When Republicans filibustered your nomination and delayed your confirmation longer than any previous nominee to your position, I led the fight to get you confirmed because I believed you to be a principled public servant.

With the deepest regret, I now see that I was wrong.

Sincerely,

Senator Harry Reid

Reid's letter does not state explicitly that the FBI was conducting an investigation of Trump.

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Two months earlier, on August 27, 2016, Reid had written a previous letter to Comey, which said (emphasis added):

Dear Director Comey:

I have recently become concerned that the threat of the Russian government tampering in our presidential election is more extensive than widely known and may include the intent to falsify official election results. The evidence of a direct connection between the Russian government and Donald Trump’s presidential campaign continues to mount and has led Michael Morrell, the former Acting Central Intelligence Director, to call Trump an “unwitting agent” of Russia and the Kremlin. The prospect of a hostile government actively seeking to undermine our free and fair elections represents one of the gravest threats to our democracy since the Cold War and it is critical for the Federal Bureau of Investigation to use every resource available to investigate this matter thoroughly and in a timely fashion. The American people deserve to have a full understanding of the facts from a completed investigation before they vote this November.

As you know, Russia’s intent to influence the outcome of our presidential election has been well-documented by numerous news organizations. For example, it has been reported that your agency is currently investigating the cyber theft of thousands of documents from several Democratic organizations, including, but not limited to, the Democratic National Committee (DNC) and the Democratic Congressional Campaign Committee (DCCC). Already, a consensus of national security experts publicly concluded that actors of the Russian government carried out these cyber attacks.

It is of vital public interest to understand the chain of custody of these illegally obtained documents from the time they were stolen to the time of public dissemination, including any evidence of complicit intermediaries between the Russian government, those who leaked the material and any United States citizen.

For example, it has come to my attention that last week, video evidence came to light of an individual with long ties to Donald Trump and his top campaign aides claiming to be in communication with WikiLeaks, the organization that posted online the 20,000 DNC documents illegally obtained by Russia. The prospect of individuals tied to Trump, Wikileaks and the Russian government coordinating to influence our election raises concerns of the utmost gravity and merits full examination.

Further, there have been a series of disturbing reports suggesting other methods Russia is using to influence the Trump campaign and manipulate it as a vehicle for advancing the interests of Russian President Vladimir Putin. For example, questions have been raised about whether a Trump advisor who has been highly critical of U.S. and European economic sanctions on Russia, and who has conflicts of interest due to investments in Russian energy conglomerate Gazprom, met with high-ranking sanctioned individuals while in Moscow in July of 2016, well after Trump became the presumptive Republican nominee. (The same individual recently broke precedent by giving a speech critical of U.S. policy while in Moscow.) Any such meetings should be investigated and made a part of the public record. Indeed, the recent staff changes within the Trump campaign have made clear that the Trump campaign has employed a number of individuals with significant and disturbing ties to Russia and the Kremlin.

The foregoing - and more - has led me to believe that this matter should be fully investigated and the investigation made public.

Thank you for your prompt attention to this matter.

Sincerely,

HARRY REID
Democratic Leader

In this letter too, Reid does not reveal that the FBI was investigating Trump. On the contrary, the letter suggested only that the FBI should investigate Trump.

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