By Robert Willmann
For your information, here are relevant court documents and a transcript of the plea hearing in the Kevin Clinesmith criminal case. The former in-house lawyer at the FBI altered a communication from the CIA to make its meaning false, and it was then used for an application to get a surveillance warrant from the Foreign Intelligence Surveillance Court (FISC). Surveillance under the Foreign Intelligence Surveillance Act turns the target into what is essentially a "walking wiretap".
This is the first criminal case brought publicly by John Durham, the U.S. Attorney for Connecticut and a Special Attorney to the Attorney General to investigate the issue of surveillance of the 2016 Trump presidential campaign and related matters.
The agreed charging document against Clinesmith–
The plea agreement–
The statement of the offense–
Transcript of the plea hearing on 19 August 2020–
His sentencing hearing is set for 10 December 2020. Sometimes when a defendant is going to testify at the trial of another person, the sentencing hearing will be postponed until after the defendant testifies. There is not enough time between now and 10 December for Durham to charge another person with a crime and have a trial at which Clinesmith would testify. Either Clinesmith is not going to testify against anyone, or they trust that he will do so truthfully and completely after he is sentenced.
The judge in Clinesmith's case is James Boasberg, who is also at this time the presiding judge of the Foreign Intelligence Surveillance Court. He has been on the FISC since 19 May 2014 and was made the presiding judge on 1 January 2020, replacing Rosemary Collyer . In the transcript on pages 4-5, Boasberg says he will recuse himself if either the government or Clinesmith want him to, but they both said they did not want him to.
After all the fraud on the FISC and false statements made to it, there is no indication that Judge Boasberg has tried to initiate a contempt of court proceeding against any person in the Department of Justice, the FBI, CIA, NSA, or anyone else for the misconduct done to the court going back several years.