William Barr: Trump’s attorney general personally asked foreign officials to aid investigation into CIA and FBI

Attorney general's role in investigations raises further questions about president's conduct

Devlin Barrett,Shane Harris,Matt Zapotosky
Tuesday 01 October 2019 09:24 BST
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Whistleblower complaint over Trump's Ukraine call was credible

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William Barr, the US attorney general, held private meetings overseas with foreign intelligence officials seeking their help in a Justice Department inquiry that Donald Trump hopes will discredit US intelligence agencies' examination of possible connections between Russia and members of his presidential campaign during the 2016 election, according to people familiar with the matter.

Mr Barr's personal involvement is likely to stoke further criticism from Democrats pursuing impeachment that he is helping the Trump administration use executive branch powers to augment investigations aimed primarily at the president's adversaries.

But the high-level Justice Department focus on intelligence operatives' conduct will likely cheer Mr Trump and other conservatives for whom "investigate the investigators" has become a rallying cry.

Mr Barr has voiced his own concerns, telling lawmakers in April that he believed "spying did occur" when it came to the US investigation of the Trump campaign.

The direct involvement of the nation's top law enforcement official shows the priority Mr Barr places on the investigation being conducted by John Durham, the US attorney in Connecticut, who has been assigned the sensitive task of reviewing US intelligence work surrounding the 2016 election and its aftermath.

The attorney general's active role also underscores the degree to which a nearly three-year-old election still consumes significant resources and attention inside the federal government.

Current and former intelligence and law enforcement officials expressed frustration and alarm on Monday that the head of the Justice Department was taking such a direct role in re-examining what they view as conspiracy theories and baseless allegations of misconduct.

Mr Barr has already made overtures to British intelligence officials, and last week the attorney general travelled to Italy, where he and Mr Durham met senior Italian government officials and Mr Barr asked the Italians to assist Mr Durham, according to one person familiar with the matter, who spoke on the condition of anonymity to discuss a sensitive issue. It was not Mr Barr's first trip to Italy to meet intelligence officials, the person said.

The Trump administration has made similar requests of Australia, said people who discussed the interactions on the condition of anonymity because they involve an ongoing investigation and sensitive talks between governments.

In a recent phone call, Mr Trump urged Scott Morrison, the Australian prime minister, to provide assistance to the ongoing Justice Department inquiry, the people said. Mr Trump made the request at Mr Barr's urging, they said. The Trump phone call was first reported by The New York Times.

Trump administration officials defended the moves as above board.

White House spokesperson Hogan Gidley said: "I'm old enough to remember when Democrats actually wanted to find out what happened in the 2016 election. The Democrats clearly don't want the truth to come out anymore as it might hurt them politically, but this call relates to a DOJ inquiry publicly announced months ago to uncover exactly what happened. The DOJ simply requested the president provide introductions to facilitate that ongoing inquiry, and he did so, that's all."

Kerri Kupec, a Justice Department spokesperson, said, "Mr Durham is gathering information from numerous sources, including a number of foreign countries. At attorney general Barr's request, the president has contacted other countries to ask them to introduce the attorney general and Mr Durham to appropriate officials."

In a statement, a spokesperson for the Australian government said it has "always been ready to assist and cooperate with efforts that help shed further light on the matters under investigation. The [prime minister] confirmed this readiness once again in a conversation with the president."

Mr Trump still complains frequently that those involved in the investigation of his campaign should be charged with crimes, asserting the FBI search for possible election season collusion between Russia and Trump campaign officials was a witch hunt spurred by agents and bureaucrats opposed to him becoming president.

That investigation ended earlier this year when special counsel Robert Mueller determined there was insufficient evidence to charge any Americans with conspiring with Russia, and declined to reach a decision about whether the president had sought to obstruct justice.

David Laufman, a former Justice Department official who was involved in the early stages of the Russia probe, said it was "fairly unorthodox for the attorney general personally to be flying around the world as a point person to further evidence-gathering for a specific Justice Department investigation," and especially so in Mr Barr's case.

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"Even if one questions, as a threshold matter, the propriety of conducting a re-investigation of the Justice Department's own prior investigation of Russia's interference, the appointment of John Durham - a seasoned, nonpartisan prosecutor - provided some reason to believe that it would be handled in a professional, nonpartisan manner," Mr Laufman said.

"But if the attorney general is essentially running this investigation, that entire premise is out the window."

Mr Barr's direct involvement in the effort also helps explain part of the controversial July phone call between Mr Trump and Volodymyr Zelensky, the Ukrainian president.

A rough transcript of that call shows Mr Trump said he wanted Ukrainian assistance to help find out "what happened with this whole situation with Ukraine," and possible involvement with the Democratic National Committee computer system that US agencies have determined was hacked by Russian intelligence ahead of the 2016 election.

Some of the president's supporters have suggested Ukraine had a more direct role in the 2016 investigation than currently known, an assertion denied by current and former officials who were involved in the original probe.

A person familiar with Mr Barr's interactions with foreign officials described them as being official introductions to Mr Durham. The attorney general "is telling people he wants to make sure that the rules governing US agencies have been followed," this person said.

A spokesperson for the CIA declined to comment, citing the ongoing review.

A former senior US intelligence official who spoke on the condition of anonymity because of the ongoing investigation denied that the CIA was involved in monitoring any members of the Trump campaign.

Any such operations were conducted by the FBI and were lawful, the former official said, emphasising that the CIA focused on Russia's interference in the election, and the role that Russian officials and intelligence agencies played.

Democrats are likely to bristle at the notion of the attorney general devoting personal time and energy to travelling overseas asking foreign countries to assist in an investigation of US agencies and personnel, particularly since Democrats have accused Mr Barr in the past of acting in Mr Trump's interests at the expense of the Justice Department's independence.

Last week, House speaker Nancy Pelosi, D-Calif, accused the attorney general of "going rogue" after the Justice Department determined the substance of an explosive whistleblower's complaint - alleging that Mr Trump pressured Mr Zelensky to investigate Democratic presidential candidate Joe Biden and his son Hunter, over Hunter Biden's past position on the board of a Ukrainian energy company - did not merit a criminal investigation.

House Democrats have launched an impeachment inquiry to further probe the interactions of Mr Trump and his lawyer with the Ukrainians.

During the call with his Ukrainian counterpart, Mr Trump suggested that Mr Barr and his personal lawyer, Rudy Giuliani, could help Mr Zelensky's government investigate the matter.

A spokesperson for Mr Barr has said the attorney general was unaware of any such effort, and had not spoken to the president about the issue, nor to Ukrainian authorities.

Mr Giuliani has met with Ukrainian officials and urged them to investigate the Bidens, but insists there is nothing improper about that. Mr Giuliani has declined to discuss Mr Durham's investigation.

Mr Barr's conversations with foreign counterparts have raised concerns among some intelligence officials that he may be seeking to substantiate conspiracy theories raised by some on the political right to defend Mr Trump.

Kevin McCarthy fails to memorize the most damning line of Trump’s call with Zelensky.

One area that has been of sustained interest to Mr Barr and Mr Durham, according to people familiar with the matter who spoke on the condition of anonymity to discuss a sensitive issue, is a murky figure named Joseph Mifsud.

Mr Mifsud, a European academic, was publicly linked to Russian interference efforts in late 2017, when Mr Mueller revealed a guilty plea by former Trump campaign staffer George Papadopoulos, who admitted he had lied to the FBI about the details of his interactions with Mr Mifsud.

Those conversations included an April 2016 meeting in which Mr Mifsud allegedly alerted Mr Papadopoulos that the Russians had "dirt" on Mr Trump's opponent, Hillary Clinton, in the form of thousands of emails.

A version of that conversation was relayed to US authorities later that summer by an Australian diplomat who had talked to Mr Papadopoulos over drinks in London.

Shortly after his name surfaced publicly, Mr Mifsud told Italian media he did not work for Russia. "I never got any money from the Russians: my conscience is clear," Mr Mifsud told La Repubblica. "I am not a secret agent."

Since then, the professor has disappeared from public life, leading to a host of theories about him and his whereabouts. While court papers filed in Mr Mueller's investigation suggested Mr Mifsud operated in Russia's interests, conservatives and conspiracy theorists have suggested he was instead aligned with Western intelligence agencies.

In an interview on Fox News in April, Mr Giuliani called Mr Mifsud "a counterintelligence operative, either Maltese or Italian," who took part in what sounded to him like a "counterintelligence trap" against Mr Papadopoulos.

It is unclear what Mr Durham or Mr Barr have come to suspect about Mr Mifsud.

Mr Barr met with British officials in London over the summer to discuss the Durham probe, said a US official familiar with the matter, who spoke on the condition of anonymity because of the sensitive nature of the investigation.

In those conversations, according to this official, Mr Barr expressed a belief that the US investigation of Russian interference in the 2016 election stemmed from some corrupt origin, the official said.

It was not clear what Mr Barr thought was amiss, but he expressed a suspicion that information had been improperly gathered overseas about people connected with the Trump campaign, and that the British may have unwittingly assisted those efforts, the official said.

Another person familiar with Mr Barr's efforts denied that characterisation, saying he has been seeking cooperation for Mr Durham's work, and not trying to promote a particular theory or accusation against US agents and officers.

"It's well known within the intelligence community that you cannot ask another government to do something that you're prohibited from doing. That it is standard operating procedure," said a former national security official, who spoke on the condition of anonymity because of the ongoing investigation.

An executive order governing US intelligence activities states that no intelligence agency "shall participate in or request any person to undertake activities forbidden" by the order, which was issued in 1981.

As a young man, Mr Barr worked as a lawyer at the CIA and has an ongoing interest in intelligence matters, according to those who know him well.

In his public comments about the Russia interference investigation, he has suggested there were failures among former FBI leaders and that intelligence agency rules about spying on Americans should be scrupulously followed regardless of party affiliation.

There are two primary efforts underway to scrutinise the 2016 investigation and its aftermath.

Michael Horowitz, the Justice Department inspector general, is expected to issue in the coming weeks a lengthy report analysing work done by the FBI and Justice Department to pursue alleged Russian election interference, and the applications for a Foreign Intelligence Surveillance Court order that approved electronic surveillance of the communications of Carter Page, a former Trump campaign adviser.

Separately, Mr Durham is taking a broader look at the actions of intelligence agencies overseas and domestically. Mr Durham has a long track record of being tasked with difficult investigations that involve the CIA or other intelligence agencies. His past investigations have often lasted years, so it's unclear when Mr Durham's review might wrap up, but it is unlikely to be soon, according to people familiar with the matter who like others spoke on the condition of anonymity to discuss a sensitive issue.

Before Mr Durham's appointment, another US attorney was tasked with reviewing the Clinton email investigation, but the results of that work are still unknown.

The multiple investigations show just how much the political conflict of 2016 continues to be an obsession within the government.

Last week, The Washington Post reported that State Department security officials were re-examining aspects of the Clinton email investigation, in which State Department business was conducted on Mr Clinton's private server when she was secretary of state.

The Washington Post

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