As noted in the DOJ press release: “Former FBI attorney Kevin Clinesmith, 38, pleaded guilty today in the U.S. District Court for the District of Columbia to a false statement offense stemming from his altering of an email in connection with the submission of a Foreign Intelligence Surveillance Act (“FISA”) application.”
Despite the falsification of court documents within a FISA document; and despite the likelihood of an intentional conspiracy to commit fraud upon the court in order to obtain a Title-1 surveillance warrant against the Trump campaign – via Carter Page; the DOJ entered into a plea agreement on a single count of lying to federal officers.
The agreement holds a maximum penalty of zero to six months in federal prison and a $250k fine. This is the same plea agreement the DOJ (DC U.S. Attorney) previously gave to the Senate Intelligence Committee Security Director James Wolfe, who leaked the SAME, earlier, top-secret classified FISA application to the media on March 17, 2017.
Judge James Boasberg noted early in the phone hearing that he is “currently the presiding judge for the Foreign Intelligence Surveillance Court,” but that “this case, however, is a criminal case, it is not a FISC case, and it is a case that was randomly assigned.” As anticipated Boasberg said the FISA court could be seen as a “victim” in the case, but also said he would preside over the case fairly without recusing himself. He stated if either the defense or prosecution wanted him to recuse, then he would. Neither party requested.
Judge Boasberg noted the maximum penalty for a single false statements charge was five years in prison but the sentencing guideline calls for zero to six months. Sentencing is scheduled for December 10, 2020, after the election, at 11am.
Clinesmith’s criminal infraction happened during the third renewal of the fraudulent FISA application submitted June 29, 2017, during his tenure working for Andrew Weissmann and the Mueller investigation. This is not coincidental….
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