Trump administration officials investigating the government’s response to Russia’s election interference in 2016 appear to be hunting for a basis to accuse Obama-era intelligence officials of hiding evidence or manipulating analysis about Moscow’s covert operation, according to people familiar with aspects of the inquiry.
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[Trump] has long promoted the investigation by John H. Durham, the prosecutor examining their actions, as a potential pathway to proving that a deep-state cabal conspired against him.
Questions asked by Mr. Durham, who was assigned by Attorney General William P. Barr to scrutinize the early actions of law enforcement and intelligence officials struggling to understand the scope of Russia’s scheme, suggest that Mr. Durham may have come to view with suspicion several clashes between analysts at different intelligence agencies over who could see each other’s highly sensitive secrets.
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Durham appears to be pursuing a theory that the C.I.A., under its former director John O. Brennan, had a preconceived notion about Russia or was trying to get to a particular result — and was nefariously trying to keep other agencies from seeing the full picture lest they interfere with that goal.
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But officials from the F.B.I. and the National Security Agency have told Mr. Durham and his investigators that such an interpretation is wrong and based on a misunderstanding of how the intelligence community functions, the people said. National security officials are typically cautious about sharing their most delicate information, like source identities, even with other agencies inside the executive branch.
NYT
Which was supposedly claimed as a cause of the 9/11 attacks getting past them. I thought that was addressed by Congress in the form of reforms to the agencies' methods.
Appearing on MSNBC’s “Hardball” on Thursday evening, Mr. Brennan was asked to respond to this article. He both dismissed Mr. Durham’s apparent line of inquiry and portrayed it as dangerous.
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“It clearly, I think, is another indication that Donald Trump is using the Department of Justice to go after his enemies any way he can.”
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Prosecutors are ill equipped to assess how analysts work, he added. “The bar for making a legal judgment is really high. The bar for an analytic decision is much lower,” [Michael Morrell, a former acting C.I.A. director] said. “So he is going to get the wrong answer if he tries to figure out if they had enough information to make this judgment.”
But other intelligence officials, according to an American official, are reserving judgment about Mr. Durham, who previously spent years investigating the C.I.A. over its torture program and its destruction of interrogation videotapes without charging anyone with a crime.
Which is going to make him all the more suspecte if he charges a crime in this investigation.
Mr. Durham is a longtime federal prosecutor who has repeatedly been asked, under administrations of both parties, to investigate accusations of wrongdoing by law enforcement and intelligence agencies. Mr. Trump appointed him as the United States attorney for Connecticut in 2018.
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In recent months, Mr. Durham and his team have examined emails among a small group of intelligence analysts from multiple agencies, including the C.I.A., F.B.I. and National Security Agency, who worked together to assess the Russian operation.
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The Justice Department inspector general, who released the results late last year of an inquiry into aspects of the F.B.I.’s Russia investigation, found no documentary or testimonial evidence senior law enforcement and intelligence officials had engaged in a high-level conspiracy to sabotage Mr. Trump, the narrative the president and his supporters continue to embrace.
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Mr. Durham has interviewed F.B.I. officials and agents who worked on the bureau’s Russia investigation, called Crossfire Hurricane, and for the special counsel who took over the inquiry, Robert S. Mueller III. They have also interviewed C.I.A. analysts.
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Mr. Durham and his team also interviewed around a half-dozen current and former officials and analysts at the National Security Agency, including its former director, the retired Adm. Michael S. Rogers, last summer and again last fall.
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The analysts could have been engaged in standard bureaucratic behavior like obeying the filtering process or hoarding sensitive information. Or perhaps they were trying to cover something up. The questions asked by Mr. Durham and his team suggest they are looking for any potential basis to support making the latter reading, officials said.
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But Mr. Durham has not interviewed the former F.B.I. director James B. Comey, his onetime deputy Andrew G. McCabe or Mr. Brennan. Mr. Durham has requested Mr. Brennan’s emails, call logs and other documents from the C.I.A. to learn what he told other officials, including Mr. Comey, about his and the C.I.A.’s views of a notorious dossier of assertions about Russia and Trump associates.
Mr. Trump has targeted all three former top officials as he has sought to foster a narrative that it was illegitimate for government investigators to scrutinize links between his campaign, Russia and WikiLeaks and that he was the victim of a “deep state” conspiracy to sabotage him for political reasons — a push that led to the Durham inquiry.
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