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Response to DesertRat (Reply #21)

Fri Jan 11, 2019, 11:11 PM

23. Thanks, it's excellent and I'd like to drop a few relevant paragraphs here.

This quoted testimony immediately above reminded me of a passage Baker had written elsewhere, a passing discussion in an essay on a different subject which Baker wrote for Lawfare but has not yet published. This passage was cleared in pre-publication review by the FBI some months ago when we at Lawfare thought the essay’s publication was imminent. Here, too, Jim stressed that the investigation was about Russian activity. Here is the relevant passage:

A lot of the criticism seems to be driven by the notion that the FBI’s investigation was, and is, an effort to undermine or discredit President Trump. That assumption is wrong. The FBI’s investigation must be viewed in the context of the bureau’s decades-long effort to detect, disrupt and defeat the intelligence activities of the governments of the Soviet Union and later the Russian Federation that are contrary to the fundamental and long-term interests of the United States. The FBI’s counterintelligence investigation regarding the 2016 campaign fundamentally was not about Donald Trump but was about Russia. Full stop. It was always about Russia. It was about what Russia was, and is, doing and planning. Of course, if that investigation revealed that anyone—Russian or American—committed crimes in connection with Russian intelligence activities or unlawfully interfered with the investigation, the FBI has an obligation under the law to investigate such crimes and to seek to bring those responsible to justice. The FBI’s enduring counterintelligence mission is the reason the Russia investigation will, and should, continue—no matter who is fired, pardoned or impeached (emphasis added).


There is a lot packed into this little paragraph, so let’s pause for a moment to unpack it. First, note the structure of Baker’s fundamental understanding of the investigation as fundamentally about Russia, with the U.S. component subsidiary to the investigation of Russian government activity. Note also that this construction is fully consistent with Jim Comey’s Mar. 20, 2017, congressional testimony in which he disclosed the existence of the investigation in the first place:

I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government's efforts to interfere in the 2016 presidential election and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia's efforts (emphasis added).


If I could I could add much more, but copyright issues, and all. I want to encourage people to read it, though.

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