John Brennan, who led the CIA, and James Comey, the former FBI director, are currently subjects of a criminal investigation over potential misconduct tied to the Trump–Russia investigation, according to news reports. The probe includes possible false statements they may have made to Congress.
Sources within the Justice Department revealed that CIA Director John Ratcliffe forwarded evidence implicating Brennan to FBI official Kash Patel, prompting a criminal review of Brennan’s actions. Officials confirmed that a formal investigation into Brennan has begun, although they declined to elaborate further on its precise scope. It remains uncertain whether the inquiry extends beyond his possible misleading of lawmakers.
Regarding Comey, officials confirmed that he too is under investigation, but provided no details about what specific actions are being scrutinized.
While the precise boundaries of the criminal probes remain vague, two individuals familiar with the matter told Fox News Digital that federal agents view Brennan and Comey’s actions as potentially constituting a “conspiracy,” a characterization that could broaden the range of possible legal charges.
The probe into Brennan follows the recent declassification by Ratcliffe of a review examining the process behind the 2017 Intelligence Community Assessment (ICA). That report had claimed Russian efforts were aimed at boosting Donald Trump in the 2016 election. The newly released analysis criticized the ICA process for being rushed and riddled with “procedural anomalies,” asserting that intelligence norms had been compromised.
The review also concluded that top officials’ choice to incorporate the Steele Dossier into the ICA conflicted with fundamental intelligence tradecraft and ended up undermining a critical assessment in the report.
The Steele Dossier, a collection of now-debunked allegations about Trump, was funded by Hillary Clinton’s campaign and the Democratic National Committee via Fusion GPS. The dossier’s credibility has been widely discredited. The review’s findings represent the first time that career CIA personnel formally acknowledged that political bias from Obama administration appointees may have tainted the drafting of the ICA.
Documents released as part of the review indicate Brennan played a key role in advocating for the dossier’s inclusion in the assessment.
Despite this, Brennan told the House Judiciary Committee during testimony in May 2023 that he opposed including the dossier in the ICA.
Ratcliffe, a longtime critic of Brennan, reportedly wasn’t surprised by the findings of the review, a source familiar with the situation told Fox News Digital. However, the seriousness of Brennan’s conduct compelled Ratcliffe to refer the matter to the FBI to assess for possible criminal violations.
The source, while unable to divulge the specific contents of the referral, said Brennan “violated the public’s trust and should be held accountable for it.”
One part of the investigation into false statements reportedly stems from a newly declassified December 2016 email sent to Brennan from the then-deputy CIA director. That message expressed concern that incorporating the dossier into the ICA in any form would jeopardize the credibility of the entire document.
“Despite these objections, Brennan showed a preference for narrative consistency over analytical soundness,” the new CIA review says. “When confronted with specific flaws in the Dossier by the two mission center leaders – one with extensive operational experience and the other with a strong analytic background – he appeared more swayed by the Dossier’s general conformity with existing theories than by legitimate tradecraft concerns.”
The review went on to note: “Brennan ultimately formalized his position in writing, stating that ‘my bottomline is that I believe that the information warrants inclusion in the report.’”
Still, Brennan gave contradictory testimony before Congress.
“The CIA was very much opposed to having any reference or inclusion of the Steele dossier in the Intelligence Community Assessment,” Brennan testified before the House committee, according to the transcript of his deposition reviewed by Fox News Digital. “And so they sent over a copy of the dossier to say that this was going to be separate from the rest of that assessment.”
At the time of the ICA’s preparation, CIA analysts resisted efforts by the FBI to include the Steele Dossier, arguing that it lacked substantiation and dismissing it as “internet rumor.”
While the final ICA given to then-President Barack Obama did not incorporate the Steele reporting in the main body of the document, a footnote referencing it was added “largely at the insistence of FBI’s senior leadership,” as stated by both the Justice Department inspector general and the Senate Intelligence Committee.
In June 2020, Ratcliffe declassified a key footnote of the 2017 ICA, shedding more light on concerns about the Steele reporting. That declassified note acknowledged that Steele’s claims had “limited corroboration,” particularly in regards to allegations that Trump knowingly cooperated with Russian agents to win the election.
The footnote, dubbed “Annex A,” which Fox News Digital obtained exclusively in June 2020, was less than two pages long and outlined Steele’s findings. Steele, a former British intelligence officer, had been hired by Fusion GPS, which was paid by Clinton’s campaign and the DNC through law firm Perkins Coie.
The footnote spelled out that officials had internal reservations about the Steele material.
“An FBI source (Steele) using both identified and unidentified subsources, volunteered highly politically sensitive information from the summer to the fall of 2016 on Russian influence efforts aimed at the US presidential election,” the annex read. “We have only limited corroboration of the source’s reporting in this case and did not use it to reach the analytic conclusions of the CIA/FBI/NSA assessment.”
“The source collected this information on behalf of private clients and was not compensated for it by the FBI,” it added.
The annex clarified that the report was “not developed by the layered subsource network.”
“The FBI source caveated that, although similar to previously provided reporting in terms of content, the source was unable to vouch for the additional information’s sourcing and accuracy,” the annex states. “Hence this information is not included in this product.”
Justice Department Inspector General Michael Horowitz also examined the dossier’s inclusion in the ICA during his broader probe into the FBI’s FISA warrant practices.
His December 2019 report identified “significant inaccuracies and omissions” in the FISA applications for surveillance of Trump campaign aide Carter Page. The FBI leaned heavily on the Steele dossier, despite lacking corroborating evidence for its claims about Page.
In October 2020, Fox News Digital reported that Brennan had informed President Obama and other senior officials about intelligence that Hillary Clinton planned to create a political scandal tying Trump to Russia.
That briefing was memorialized in Brennan’s handwritten notes, later declassified by Ratcliffe and published by Fox News Digital.
On July 28, 2016, Brennan briefed Obama on intelligence about a proposal by one of Clinton’s foreign policy advisers “to vilify Donald Trump by stirring up a scandal claiming interference by the Russian security service.”
Attending that briefing were James Comey, then-Vice President Joe Biden, Attorney General Loretta Lynch, and Director of National Intelligence James Clapper.
Following that meeting, the CIA formally transmitted the intelligence to the FBI through a Counterintelligence Operational Lead (CIOL) directed to Comey and then-Deputy Assistant Director Peter Strzok. The subject line of the memo was “Crossfire Hurricane.”
Fox News Digital later obtained that CIOL memo in October 2020. It stated: “The following information is provided for the exclusive use of your bureau for background investigative action or lead purposes as appropriate.”
“Per FBI verbal request, CIA provides the below examples of information the CROSSFIRE HURRICANE fusion cell has gleaned to date,” the memo said. “An exchange (REDACTED) discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server.”
Just days later, on July 31, 2016, the FBI formally opened its counterintelligence investigation into potential ties between the Trump campaign and Russia — code-named “Crossfire Hurricane.”
That investigation was eventually handed over to Special Counsel Robert Mueller. After an exhaustive probe lasting nearly two years, Mueller concluded in March 2019 that there was no evidence of coordination or conspiracy between the Trump team and the Russian government.
Subsequently, John Durham was appointed to dig deeper into how the “Crossfire Hurricane” investigation originated.
Durham found that the FBI “failed to act” on an obvious warning sign that the Clinton campaign was attempting to “manipulate or influence the law enforcement process for political purposes” in the lead-up to the 2016 election.
“The aforementioned facts reflect a rather startling and inexplicable failure to adequately consider and incorporate the Clinton Plan intelligence into the FBI’s investigative decision-making in the Crossfire Hurricane investigation,” Durham’s report states.
“Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye,” the report continued.
Durham emphasized in his findings that the FBI missed what should have been “a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election.”
The Trump White House made clear that it expects accountability.
“President Trump was right — again,” White House press secretary Karoline Leavitt said in a statement to Fox News Digital. “Those who engaged in this political scandal must be held accountable for the fraud they committed against President Trump and the lies they told to the American people.”
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