Wiretapping and Other Eavesdropping Devices and Methods

Subterms

    Latest story

    125 Shares189 Views

    Greece Elections: New Democracy on Track to Win Most Votes

    by

    Prime Minister Kyriakos Mitsotakis’s New Democracy party did not win enough votes to form a one-party government. But he appeared to rule out talks to form a coalition, setting the stage for a second vote in weeks.The party of Greece’s conservative prime minister, Kyriakos Mitsotakis, was on track to win a decisive victory in the general election on Sunday but fell short of the majority required to lead a one-party government, setting the stage for another ballot within weeks since Mr. Mitsotakis appeared to rule out forming a governing coalition.Mr. Mitsotakis described the preliminary outcome as a “political earthquake” that called for an “experienced hand to the helm” of Greece, and said that any negotiations with fractious potential coalition partners would only lead to a dead end.With 93.7 percent of the votes counted on Sunday night and his party, New Democracy, leading the opposition Syriza by 20 percentage points, Mr. Mitsotakis greeted a crowd of cheering supporters outside his party’s office in Athens.“We kept the country upright and we’ve laid the foundations for a better nation,” he said. “We will fight the next battle together so that at the next elections what we already decided on, an autonomous New Democracy, will be realized.”New Democracy had captured 40.8 percent of the votes by Sunday night, preliminary results showed, after calling on Greeks to opt for economic and political stability over “chaos” in a tense campaign. The center-left Syriza party, led by former Prime Minister Alexis Tsipras, under whose tenure Greece came close to leaving the eurozone in 2015, landed in second place, with 20.7 percent of the votes. The socialist Pasok-Kinal party took third place, securing 11.6 percent.Mr. Tsipras said in a statement that he had called to congratulate Mr. Mitsotakis on his victory, and that his party would convene to discuss the result given that a second election appeared all but assured.On Monday, when the final result is clear, the leading party will get a mandate to try to form a government. But it appeared most likely that the prime minister will not explore that option, leading to a new election, possibly in June or early July.New Democracy was on track to win 145 seats in the 300-seat Parliament, with 72 seats for Syriza, preliminary results showed. Syriza’s poor performance spurred speculation in the Greek news media about the center-left party’s future.Prime Minister Kyriakos Mitsotakis addressed supporters at his party’s headquarters in Athens on Sunday.Thanassis Stavrakis/Associated Press“It reflects the utter collapse of Syriza’s strategy, its perpetual rightward drift, a hegemonic position on the left that deepened confusion and demoralization,” said Seraphim Seferiades, a professor of politics and history at Panteion University in Athens.He also noted the high abstention in the vote, over 40 percent: Turnout stood at 60 percent, preliminary results showed.Three factors added to the ambiguity of the election on Sunday: the one in 10 undecided voters; the roughly 440,000 young people who were eligible to vote for the first time; and the 3 percent of the electorate that had backed a party founded by the jailed spokesman of the neo-Nazi Golden Dawn party, which was banned from running.The absence of an outright winner had been expected, since the election was conducted under a system of simple proportional representation, which makes it hard for a single party to take power. Any second vote would be held under a different system, which grants bonus seats to the winning party, giving New Democracy a better chance of forming an independent government.In his campaign speech in Athens on Friday night, Mr. Mitsotakis pointed to his government’s success in increasing growth (now at twice the eurozone average), attracting investment and bolstering the country’s defenses amid a testy period with neighboring Turkey.“This is not the time for experiments that lead nowhere,” he said, adding that achieving an investment grade rating, which would allow Greece to lower its borrowing costs, required a stable government.Mr. Mitsotakis was also unapologetic about Greece’s tough stance on migration, which has included heightened border controls and has led to a 90 percent drop in migrant arrivals since 2015. While his government has come under fire by human rights groups for illegally pushing back migrants at sea and creating camps with prisonlike conditions, many Greeks have welcomed the reduced influx. Migrants overwhelmed Greece’s resources at the peak of Europe’s migration crisis.“Greece has borders, and those borders must be guarded,” Mr. Mitsotakis declared on Friday to a crowd of cheering supporters waving Greek flags.Former Prime Minister Alexis Tsipras, leader of the leftist Syriza party, at a polling station in Athens on Sunday.Aris Messinis/Agence France-Presse — Getty ImagesMr. Tsipras, for his part, had campaigned for change. He highlighted a perceived abuse of power by the current administration, including a wiretapping scandal, and drew attention to the rising cost of living, which opinion polls show is most voters’ key concern.Before casting his ballot on Sunday, Mr. Tsipras called on Greeks to “leave behind an arrogant government that doesn’t feel the needs of the many.”His message was convincing to Elisavet Dimou, 17, who voted for the first time on Sunday in a central Athens school. She said she had been swayed by Syriza’s promise of “change” and “justice.”“Syriza made mistakes, too, but they didn’t spy on half the country,” she said, referring to reports that the wiretapping scandal had swept up dozens of politicians, journalists and entrepreneurs.Another factor in her choice of Syriza was the fatal train crash in central Greece in February that killed 57 people, including many students. “They had their whole lives ahead of them, and they died because those in power didn’t care enough to fix the trains,” she said.Public outrage over the crash briefly dented New Democracy’s lead in opinion polls, but that edged back up as supporters were apparently comforted by promises of continued stability and prosperity.One supporter, Sakis Farantakis, a 54-year-old hair salon owner, said: “They’re far from perfect, but it’s the only safe choice. We’ve moved on; why go backwards to uncertainty?”Mr. Mitsotakis has argued that a one-party government would be preferable to a coalition deal to ensure stability and reassure investors. Economic growth has taken hold in Greece after a decade-long financial crisis that ended in 2018.Voters outside a polling station in Athens on Sunday.Petros Giannakouris/Associated PressHe has little choice of partners. The socialist Pasok party had been regarded as the only realistic candidate for a coalition with New Democracy. But Mr. Mitsotakis’s admission last year that Greece’s state surveillance agency had spied on Pasok’s leader, Nikos Androulakis, strained ties between the men and cast a shadow over any prospects for cooperation.A leftist-led administration had been another possibility. Syriza had been courting Pasok for a coalition that would most likely require a third party, probably Mera25. That party, led by Yanis Varoufakis, Mr. Tsipras’s former finance minister, appeared not to have gained a foothold in Parliament with most of the votes counted.Mr. Androulakis had kept his intentions unclear, declaring that both parties were unreliable and that neither Mr. Mitsotakis nor Mr. Tsipras should lead any coalition government. Mr. Androulakis called to congratulate Mr. Mitsotakis late Sunday. More

    More stories

    • 150 Shares159 Views

      in Elections

      As Greece Votes, Leader Says Blocking Migrants Built ‘Good Will’ With Europe

      by

      Prime Minister Kyriakos Mitsotakis has taken a tough line on migrants as he turns around the country’s economy. It’s a trade-off that voters and the European Union seem more than willing to abide.Prime Minister Kyriakos Mitsotakis of Greece has been accused of illegally pushing asylum seekers back at sea. He has acknowledged that the state’s intelligence service wiretapped an opposition leader. He has consolidated media control as press freedom in Greece has dropped to the lowest in Europe.It is the sort of thing that the guardians of European Union values often scorn in right-wing populist leaders, whether it be Giorgia Meloni of Italy or Viktor Orban of Hungary. But with Greece holding national elections on Sunday, Brussels has instead lauded Mr. Mitsotakis, a pro-Europe conservative, for bringing stability to the Greek economy, for sending military aid to Ukraine and for providing regional stability in a time of potential upheaval in Turkey.Above all, European Union leaders appear to have cut Mr. Mitsotakis slack for doing the continent’s unpleasant work of keeping migrants at bay, a development that shows just how much Europe has shifted, with crackdowns formerly associated with the right wing drifting into the mainstream.“I’m helping Europe on numerous fronts,” Mr. Mitsotakis said in a brief interview on Tuesday in the port city of Piraeus, where, in his trademark blue dress shirt and slacks, the 55-year-old rallied adoring voters on crowded streets. “It’s bought us reasonable good will.”With Ursula von der Leyen, the European Commission president, calling Greece’s border enforcement Europe’s “shield,” Mr. Mitsotakis argued that after the arrival of more than a million migrants and asylum seekers destabilized the continent’s politics by entering through Greece during the refugee crisis of 2015 and 2016, Europe had come around to Greece’s tougher approach.Migrants on a dinghy accompanied by a Frontex vessel at the village of Skala Sikaminias, on the Greek island of Lesbos, after crossing the Aegean Sea from Turkey in 2020.Michael Varaklas/Associated Press“We’ve been able to sort of change, I think, the European approach vis-à-vis migration,” said Mr. Mitsotakis, a self-described progressive, disputing the notion that the policy — which critics say includes illegally pushing asylum seekers back — was hard-right.“Right-wing or a central policy,” said Mr. Mitsotakis, the leader of the nominally center-right New Democracy party, “I don’t know what it is, but I have to protect my borders.”In turn, Europe seems to have protected Mr. Mitsotakis.“It’s the Mitsotakis exception,” said Alberto Alemanno, a professor of European Union law at the HEC Paris business school. Mr. Mitsotakis’ special treatment has derived from his political closeness to Ms. von der Leyen, Mr. Alemanno said, and his willingness to build — with funding from the bloc — a vast network of migrant centers that have proved politically popular in Greece.Mr. Mitsotakis argued that some “leftist Illuminati in Brussels” failed to see that he was saving lives with his policy, something that he said Europe’s leaders appreciated.“We’re no longer sort of the poster child for problems in Europe,” he said, adding that what he had done “offers a lot of people relief.”Greeks included. Before Sunday’s elections, Mr. Mitsotakis held a comfortable lead in the polls against his main rival, Alexis Tsipras, of the left-wing Syriza party, even if the prime minister still appeared to lack enough support to win outright. A second round of elections looks probable in July.Alexis Tsipras, left, and Mr. Mitsotakis taking part in a televised debate at the headquarters of the state broadcaster ERT this month.Alexandros Avramidis/ReutersAround the neighborhood where Mr. Mitsotakis campaigned, people talked about how he had made their native Greek islands that were once overrun with migrants livable again, how he had been the first Greek prime minister invited to speak to a joint session of Congress in Washington, and how he had stood up to Turkey’s strongman president, Recep Tayyip Erdogan, who himself faces an election runoff next weekend.Greeks around the country appreciate how Mr. Mitsotakis has cut taxes and debt and increased digitization, minimum wages and pensions.For a decade, Greece was Europe’s thumping migraine. The country’s catastrophic 2010 debt crisis nearly sank the European Union. Humiliating bailouts followed, and a decade of stark austerity policies — directed by Germany — cut pensions and public services, shrank economic output by a quarter, inflated unemployment and prompted thousands of young and professional Greeks to flee.In 2015, under the leadership of Mr. Tsipras, Greeks voted to reject Europe’s many-strings-attached aid package, and the country was nearly ejected from the eurozone. Social unrest and talk of “Grexit” mounted, but Mr. Tsipras ended up carrying out the required overhauls and moderated in the following years, arguing that Greece had started on the road to recovery.But in 2019 he lost to Mr. Mitsotakis — the son of a former prime minister, trained at Harvard and Stanford, at ease in Washington — who seemed the personification of the establishment. He promised to right the Greek ship.“This was always my bet,” Mr. Mitsotakis said. “And I think that we delivered.”His government has spurred growth at twice the eurozone average. Big multinational corporations and start-ups have invested. Tourism is skyrocketing.Tourists visiting the Acropolis in Athens in October.Petros Giannakouris/Associated PressThe country is paying back creditors ahead of schedule, and Mr. Mitsotakis expects, if he wins, international rating agencies to lift Greece’s bonds out of junk status. The number of migrant arrivals has dropped off 90 percent since the crisis in 2015, but also significantly since Mr. Mitsotakis took office four years ago.“A European success story,” The Economist called Greece under Mr. Mitsotakis.But he argues that he needs another four years to finish the job. Greece, which still has the European Union’s highest national debt, is also the bloc’s second-poorest nation, after Bulgaria. Tax evasion is still common, and the country’s judicial system is so slow that it scares off investors.Critics of Mr. Mitsotakis say that, apart from the economy, he represents a danger to Greece’s values, and that Europe is diverting its eyes as it focuses on the financials and the declining number of migrants.Humanitarian groups have accused Mr. Mitsotakis of illegally pushing back migrants by land and sea. He has hardly run away from the issue, recently visiting Lesbos, the Greek island that became synonymous with the abominable conditions of its Moria camp, which was crammed with 20,000 refugees before burning down.“Moria is no more,” Mr. Mitsotakis said in the interview. “It simply doesn’t exist. I mean, you have olive groves and we have an ultramodern reception facility that’s been built with European money.” Critics have denounced the new camp’s prisonlike conditions, but Greeks overwhelmingly support his tough line.Mr. Mitsotakis during a campaign event on the island of Lesbos last week.Elias Marcou/ReutersEurope is “less on top of Greece for doing pushbacks and all the sort of things,” said Camino Mortera-Martinez, who heads the Brussels office for the Center for European Reform, a think tank.The latitude given Greece, she said, was in part recognition that the country had lived through a decade of brutal austerity. But it also reflected that Europe as a whole is “basically unable to help” Greece and other nations at the front line of the migration crisis, and therefore lets “these governments do what they do.”Migration aside, there are other more immediate concerns at home. In February, a train crash killed 57 people, exposing Greece’s rickety infrastructure and the limits of Mr. Mitsotakis’ talk of modernization. Reporters Without Borders deemed Greece the worst country in the European Union for press freedom in its 2023 index.Destroyed train cars at the site of a crash where two trains collided near the Greek city of Larissa in March.Angelos Tzortzinis for The New York TimesOver the summer, Mr. Mitsotakis’ top intelligence official got caught wiretapping journalists and politicians, including Nikos Androulakis, the leader of the opposition Pasok party and member of European Parliament. Mr. Mitsotakis denied, to the incredulity of many, knowing anything about it. Some of the people his intelligence services listened in on were also found to have illegal malware on their devices. The government has denied putting it there.But Mr. Mitsotakis, in a televised debate this month, conceded that Mr. Androulakis should not have been wiretapped. The spying was an especially bad idea, it turns out, because Mr. Androulakis’s support may prove pivotal to the election’s ultimate outcome.Yet the scandal is way down on voters’ list of priorities, as is Mr. Mitsotakis’ treatment of migrants.John Vrakas, 66, who was handing out fliers for Mr. Tsipras across from the square where Mr. Mitsotakis was due to speak, shrugged that Europe didn’t seem particularly bothered as long as the prime minister assuaged their concerns on the economy and Ukraine. “It’s a kind of trade,” he said.It is one that Greek voters seem happy to make.As Mr. Mitsotakis walked the streets, a bus driver reached out the window and clasped his hand. “Supporters until the end,” chanted a group of men in front of a cafe. “We trust you,” a woman shouted from her jewelry shop.What “resonates in Europe,” Mr. Mitsotakis said, was that his was an “anti-populist government” that had brought much-appreciated stability back to Greece in a rough region.He got up from the interview in a small and otherwise empty restaurant, and shook more hands on the way to the square, where he launched into a short stump speech interrupted by chiming church bells.“I’m not sure who they are tolling for,” Mr. Mitsotakis exclaimed, “but not for us.”In Athens this month.Orestis Panagiotou/EPA, via ShutterstockNiki Kitsantonis More

    • 125 Shares99 Views

      in Elections

      Meta Manager Was Hacked With Spyware and Wiretapped in Greece

      by

      Artemis Seaford, a dual U.S.-Greek national, was targeted with a cyberespionage tool while also under a wiretap by the Greek spy agency in a case that shows the spread of illicit snooping in Europe.A U.S. and Greek national who worked on Meta’s security and trust team while based in Greece was placed under a yearlong wiretap by the Greek national intelligence service and hacked with a powerful cyberespionage tool, according to documents obtained by The New York Times and officials with knowledge of the case.The disclosure is the first known case of an American citizen being targeted in a European Union country by the advanced snooping technology, the use of which has been the subject of a widening scandal in Greece. It demonstrates that the illicit use of spyware is spreading beyond use by authoritarian governments against opposition figures and journalists, and has begun to creep into European democracies, even ensnaring a foreign national working for a major global corporation.The simultaneous tapping of the target’s phone by the national intelligence service and the way she was hacked indicate that the spy service and whoever implanted the spyware, known as Predator, were working hand in hand.The latest case comes as elections approach in Greece, which has been rocked by a mounting wiretapping and illegal spyware scandal since last year, raising accusations that the government has abused the powers of its spy agency for illicit purposes.The Predator spyware that infected the device is marketed by an Athens-based company and has been exported from Greece with the government’s blessing, in possible breach of European Union laws that consider such products potential weapons, The New York Times found in December.The Greek government has denied using Predator and has legislated against the use of spyware, which it has called “illegal.”“The Greek authorities and security services have at no time acquired or used the Predator surveillance software. To suggest otherwise is wrong,” Giannis Oikonomou, the government spokesman, said in an email. “The alleged use of this software by nongovernmental parties is under ongoing judicial investigation.”“Greece was among the first countries in Europe that passed legislation banning the sale, use and possession of malware in December 2022, which has the most severe legal consequences and strict penalties for individuals and legal entities involved in such an offense,” Mr. Oikonoumou continued. “The same legislation includes provisions on restructuring of the National Intelligence Service, additional safeguards for legal surveillance and modernizing procedures on confidentiality of communications.”European Union lawmakers have launched their own investigation.Prime Minister Kyriakos Mitsotakis of Greece has come under pressure to explain how and why Predator was sold from Greece and used in Greece, supposedly without the government’s knowledge, against members of his own government, opposition politicians and journalists.Prime Minister Kyriakos Mitsotakis of Greece, center, during a parliamentary debate in January. He has been under pressure to explain how and why Predator spyware was sold from Greece and used in Greece.Petros Giannakouris/Associated PressHe has insisted that the Greek government had nothing to do with the cyber-surveillance tool, but that opaque actors may have used it behind the authorities’ backs.The latest case centers on Artemis Seaford, a Harvard and Stanford Law graduate, who worked from 2020 to the end of 2022 as a Trust and Security manager at Meta, the parent company of Facebook, while living in Greece.In her role at Meta, Ms. Seaford worked on policy questions relating to cybersecurity and she also maintained working relations with Greek as well as other European officials.After she saw her name on a leaked list of spyware targets in the Greek news media last November, she took her phone to The Citizen Lab at the University of Toronto, the world’s foremost forensics experts on spyware.The lab report, which was reviewed by The New York Times, found that Ms. Seaford’s mobile phone had been hacked with the Predator spyware in September 2021 for at least two months.“This does not preclude the possibility of other infections, or of an infection period extending beyond 2021-11-16,” the forensic report by Citizen Lab said.Ms. Seaford on Friday filed a lawsuit in Athens against anyone found responsible for the hack. The suit compels prosecutors to open an investigation.Ms. Seaford also filed a request with the Greek Authority for the Protection of the Privacy of Telecommunications, an independent constitutional watchdog, asking them to determine whether the Greek national intelligence service, known as the EYP, had wiretapped her phone..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Two people with direct knowledge of the case said that Ms. Seaford had in fact been wiretapped by the Greek spy service from August 2021, the month before the spyware hack, and for several months into 2022.They spoke on condition of anonymity because it is illegal for them to publicly comment on EYP operations.It could take a minimum of three years for Ms. Seaford to be informed of the spy agency wiretap under Greek laws that the government has twice changed since a flurry of wiretapping cases have come to light.Ms. Seaford is now is the fourth known person to file suit in Greece involving the spyware, after an investigative reporter and two opposition politicians.In the first case, an investigative reporter, Thanasis Koukakis, in 2020 similarly asked the constitutional watchdog authority to inform him whether he had also been placed under a wiretap.Thanasis Koukakis, an investigative journalist, has taken the Greek government to the European Court of Human Rights over a change in Greece’s surveillance law. Angelos Tzortzinis/Agence France-Presse — Getty ImagesBefore Mr. Koukakis could get a formal answer, the government quickly passed a law in 2021 that drastically curbs citizens’ rights to be informed if they had been under surveillance by the national intelligence service. Mr. Koukakis has taken the Greek government to the European Court of Human Rights over the change in the law.The Greek government has since come under pressure to restore some recourse for citizens to learn about being wiretapped and seek redress if their surveillance had been abusive.Under a law passed last year, a citizen who has been targeted by the spy agency can now be informed — but only if they ask, and subject to the approval of a committee, and no earlier than three years after the end of the wiretap.It is under those new conditions that Ms. Seaford’s surveillance by the Greek national intelligence service may one day be officially confirmed.“Targets of abusive surveillance should have the right to know what happened to them and have means of redress just like every other crime,” Ms. Seaford said in an interview.She maintains that there is no reasonable explanation for her being targeted. Wiretapping in Greece is permitted only for national security reasons or serious criminal investigations.More than a year after her surveillance by the Greek intelligence service and the illegal spyware infection of her mobile device, no charges have been brought against her, and she has not been asked to cooperate with the authorities on any investigation.“In my case, I do not know why I was targeted, but I cannot see any reasonable national security concerns behind it,” Ms. Seaford said. Meta and the U.S. embassy in Athens declined to comment.Ms. Seaford’s targeting by the Greek spy agency and some elements of her case were earlier reported by the Greek newspaper Documento.In Ms. Seaford’s case, it appears that information gleaned from the wiretap may have assisted the ruse used to implant the spyware, according to the timeline established by the forensic analysis and submitted to the Greek prosecutor.Demonstrators in Athens last year protesting revelations of the phone tapping of a political leader and journalists by the Greek National Intelligence Service. The scandal has become an issue in coming elections.Orestis Panagiotou/EPA, via ShutterstockIn September 2021, Ms. Seaford booked an appointment for a booster shot of the Covid-19 vaccine through the official Greek government vaccination platform.She got an automated SMS with her appointment details on Sept. 17, just after midnight. Five hours later, at 05:31 a.m., documents show, she received another SMS asking her to confirm the appointment by clicking on a link.This was the infected link that put Predator in her phone. The details for the vaccination appointment in the infected text message were correct, indicating that someone had reviewed the authentic earlier confirmation and drafted the infected message accordingly.The sender also appeared to be the state vaccine agency, while the infected URL mimicked that of the vaccination platform.Ms. Seaford, who has been reluctant to get dragged into Greek party politics, where the surveillance scandal has become a point of bitter debate, said the question of spyware and surveillance abuse should be a nonpartisan issue.“My hope is that my case and others like mine will not just be instrumentalized, shut down to avoid political cost for some, or, conversely, elevated for the political gain of others,” she said. More

    • 113 Shares169 Views

      in Elections

      Subpoenaing the Brookings Institution, Durham Focuses on Trump-Russia Dossier

      by

      The special counsel scrutinizing the Russia inquiry, a Trump-era leftover, appears to be retreading ground that an inspector general explored in 2019.WASHINGTON — Exiled from Twitter, former President Donald J. Trump issued a sarcastic statement recently inquiring about the ongoing public silence from John H. Durham, the special counsel who has been investigating the Trump-Russia inquiry since May 2019.“Where’s Durham?” said Mr. Trump, who repeatedly predicted before last year’s election that Mr. Durham’s investigation would prove a deep-state conspiracy against him. “Is he a living, breathing human being? Will there ever be a Durham report?”Mr. Durham ignored the complaint publicly, and the scope of his inquiry remains opaque. But one aspect has come into focus recently, according to people familiar with the investigation: Mr. Durham has keyed in on the F.B.I.’s handling of a notorious dossier of political opposition research both before and after the bureau started using it to obtain court permission to wiretap a former Trump campaign adviser in 2016 and 2017 and questioned witnesses who may have insight into the matter.In particular, Mr. Durham has obtained documents from the Brookings Institution related to Igor Danchenko, a Russia researcher who worked there a decade ago and later helped gather rumors about Mr. Trump and Russia for that research, known as the Steele dossier, according to people familiar with the request.By asking about the dossier, Mr. Durham has come to focus at least in part on re-scrutinizing an aspect of the investigation that was already exposed as problematic by a 2019 Justice Department inspector general report and led to reforms by the F.B.I. and the Foreign Intelligence Surveillance Court.A spokesman for Mr. Durham declined to comment.Asked whether the special counsel had briefed his new supervisor — Attorney General Merrick B. Garland — a Justice Department spokesman would only point to a statement by Mr. Garland as a nominee. “If confirmed,” he said, “one of the first things I am going to do is speak with Mr. Durham and learn the status of his investigation.”In February, several weeks before the Senate confirmed Mr. Garland, Mr. Durham obtained old personnel files and other documents related to Mr. Danchenko from the Brookings Institution, a prominent Washington think tank, using a subpoena. Mr. Danchenko had worked there from 2005 until 2010.Mr. Danchenko traveled to Russia in 2016 and gathered rumors about Mr. Trump and his associates on behalf of Christopher Steele, who produced the dossier as a subcontractor for an investigative firm being indirectly paid by Democrats to look into any Trump-Russia ties.Michael Cavadel, the general counsel of Brookings, confirmed the subpoena for records and other materials about Mr. Danchenko, saying that it was received on Dec. 31 and that the think tank had taken until February to gather the files and turn them over to Mr. Durham’s team in part because its office is closed during the pandemic.“Consistent with its practices in such matters, Brookings provided the responsive documents, none of which contained information associated with the reports known as the Steele dossier,” Mr. Cavadel said.Last September, the attorney general at the time, William P. Barr, made public that from 2009 to 2011 Mr. Danchenko had been the subject of an F.B.I. counterintelligence investigation assessing his contacts with several suspected Russian intelligence officials, including at the Russian Embassy.(Skeptics of the Steele dossier have raised the prospect that Russian intelligence may have used Mr. Danchenko or his sources to seed it with disinformation, in order to further sow chaos. Mr. Danchenko was never charged and has denied ever being a Russian agent. He has also noted that during his time at Brookings he put forward analysis embarrassing to President Vladimir V. Putin of Russia: evidence that Mr. Putin plagiarized parts of his dissertation.)Igor Danchenko worked for the Brookings Institution from 2005 to 2010.Jonah M. Kessel/The New York TimesMr. Durham has also asked questions that suggested a focus on skepticism about how the F.B.I. approached issues that might have undermined the dossier’s credibility as a basis for wiretap applications, people familiar with the inquiry said.For example, Mr. Durham’s team is said to have asked why the F.B.I., after identifying Mr. Danchenko as a major source for the dossier and interviewing him in early 2017, did not tell the surveillance court that he had once been the subject of a counterintelligence investigation.Mr. Durham is also said to be interested in a meeting between the F.B.I. and Mr. Steele in Rome in early October 2016, shortly before the bureau submitted the first wiretap application that used information from his dossier.The previous month, Yahoo News had published an article that contained information that overlapped with claims in the dossier, and the F.B.I. later learned that Mr. Steele had been a source for it, prompting the bureau to sever its relationship with him. At the time, as the bureau told the court in its wiretap application, it assumed the source had been someone else who had received a copy of the dossier.Mr. Durham is said to have asked why F.B.I. officials at that October meeting apparently did not ask Mr. Steele whether he was the article’s source — before using his information to apply for permission to wiretap the former Trump adviser, Carter Page.The focus raised the possibility that Mr. Durham has been exploring whether F.B.I. officials knowingly misled the surveillance court. But if Mr. Durham has found credible evidence of such a crime — as opposed to sloppy investigative work — he has yet to file any such charges.Mr. Durham interviewed the former C.I.A. director John O. Brennan in August, but told him he was not the target of any criminal inquiry. But he has yet to interview former F.B.I. officials who held senior roles in 2016 and have been demonized by Trump supporters, including the former director James B. Comey; his former deputy Andrew G. McCabe; and a former senior counterintelligence agent, Peter Strzok, according to people familiar with the matter.To the extent any eventual Durham report focuses on criticizing the F.B.I.’s handling of issues related to the Steele dossier, it would risk largely retreading ground already covered by the 2019 report by the Justice Department’s inspector general, Michael E. Horowitz.Mr. Horowitz has already brought to light the fact that the F.B.I. botched its wiretap applications in numerous ways, including uncovering numerous material facts that law enforcement officials failed to tell the court and that might have undermined their case for receiving wiretap authorization or renewals — including about the dossier.Mr. Horowitz’s report also already unearthed the fact that Mr. Danchenko had been the subject of a counterintelligence investigation when he worked at Brookings, in a footnote that was initially classified before Mr. Barr decided to make it public.The report also already focused criticism on the F.B.I.’s failure to ask Mr. Steele in October 2016 whether he played a role in the Yahoo News article.And the misconduct by the only person Mr. Durham has charged to date — Kevin Clinesmith, a former F.B.I. lawyer who altered an email shown to a colleague during preparations to seek a renewal of the wiretap, preventing another problem from coming to light internally — was uncovered by Mr. Horowitz’s investigation. (Mr. Clinesmith, who pleaded guilty to falsifying the email but insisted that he did not deliberately mislead his colleague, was sentenced to probation.)Mr. Barr assigned Mr. Durham to hunt for any potential wrongdoing by the Trump-Russia investigators in spring 2019, at a time when Mr. Trump and his supporters were pushing the notion that the inquiry had been a “deep state” plot against him. While Mr. Durham’s work has been opaque, accounts by people familiar with his investigation have made clear that he has pursued various Trumpian conspiracy theories and grievances.In seeking to discredit the Russia investigation, Mr. Trump and his allies have frequently conflated it with the flawed Steele dossier. In fact, the Page wiretaps were a minor part of the overall effort, and Mr. Horowitz’s report showed that it played no role in the F.B.I. decision to open the counterintelligence investigation in July 2016.While uncovering numerous ways the F.B.I. had botched those wiretap applications, Mr. Horowitz’s report also concluded that it had lawfully opened the overall investigation on an adequate basis. When the inspector general delivered the report, Mr. Durham intervened with an unusual public statement saying he disagreed with Mr. Horowitz that the investigation’s opening was properly predicated.Mr. Durham provided no details, but Mr. Horowitz later told Congress that Mr. Durham had told him he thought that the F.B.I. should have opened the inquiry as a “preliminary” investigation rather than going straight to a “full” one. More

    • 100 Shares99 Views

      in Elections

      Kevin Clinesmith, Ex-F.B.I. Lawyer, Is Sentenced to Probation

      by

      AdvertisementContinue reading the main storySupported byContinue reading the main storyEx-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to ProbationA judge rebuffed a request by prosecutors to impose a prison sentence on Kevin Clinesmith, who admitted doctoring an email used to help authorize a wiretap on a former Trump campaign aide.The F.B.I. headquarters in Washington. The judge overseeing the case against a former F.B.I. lawyer, Kevin Clinesmith, said the destruction of his career had already provided significant punishment.Credit…Stefani Reynolds for The New York TimesJan. 29, 2021Updated 6:45 p.m. ETA former F.B.I. lawyer who has admitted doctoring an email during preparations to seek renewed court permission to wiretap a former Trump campaign aide during the Russia investigation was sentenced on Friday to one year of probation and 400 hours of community service — but no prison time.Prosecutors led by John H. Durham, a special counsel scrutinizing the government’s actions in the Russia investigation, had asked the judge overseeing the high-profile case against the former F.B.I. lawyer, Kevin Clinesmith, to impose several months of prison time.But the judge, James E. Boasberg of the Federal District Court for the District of Columbia, said the destruction of Mr. Clinesmith’s career — and being vilified in a “media hurricane” — had already provided significant punishment and sent a deterrent message.“Anybody who has watched what Mr. Clinesmith has suffered is not someone who will readily act in that fashion,” Judge Boasberg said. “Weighing all of these factors together — both in terms of the damages he caused and what he has suffered and the positives in his own life — I believe a probationary sentence is appropriate here and will therefore impose it.”The surveillance of the former aide, Carter Page, in 2016 and 2017 was a minor part of the overall Russia investigation. But it has become a political flash point because the Justice Department’s inspector general uncovered numerous errors and omissions in its four court applications, flaws that President Donald J. Trump and his allies used as fodder in portraying the Russia inquiry as a plot by the so-called deep state.Mr. Clinesmith’s misdeed was the most egregious of the problems uncovered by the inspector general. In June 2017, as the F.B.I. was preparing to seek the final renewal of the order, an F.B.I. official who was going to sign a sworn description of the facts asked Mr. Clinesmith to seek clarity from the C.I.A. about whether Mr. Page was a source for the agency, as he had claimed.In fact, Mr. Page had spoken to the C.I.A. in the past about his interactions with Russian intelligence agents — a material fact that all four wiretap applications omitted, and that might have made him look less suspicious had the court been told about it. But Mr. Clinesmith inserted the words “and not a ‘source’” into a C.I.A. email and showed it to his colleague, which satisfied him and prevented the problem from coming to light internally.The inspector general referred Mr. Clinesmith for a criminal investigation, and the matter was assigned to Mr. Durham, a United States attorney from Connecticut whom the attorney general at the time, William P. Barr, had assigned to investigate the Russia investigation. The Clinesmith case is the only criminal prosecution Mr. Durham’s team has brought.When Mr. Clinesmith pleaded guilty last year to making a false statement, he acknowledged that he had intentionally altered the email and created a false record. But he also claimed that he did not intentionally mislead his colleague because at the time he believed the words he inserted were accurate. He had separately told his colleague by text that Mr. Page was not a C.I.A. source, but rather a subsource of someone else who had talked to the agency.In arguing for prison time on Friday, prosecutors suggested that Mr. Clinesmith’s explanation made no sense and that he must also have known he was misleading his colleagues, pointing to evidence that he wanted to avoid the F.B.I. having to explain to the court why it had omitted that fact of Mr. Page’s help to the C.I.A. from all the applications.But Judge Boasberg said that based on the record, he believed Mr. Clinesmith’s version.Judge Boasberg is also the chief judge of the Foreign Intelligence Surveillance Court, which handled the disputed wiretaps of Mr. Page, although he did not personally sign off on any of them. After the disclosures, Judge Boasberg ordered the F.B.I. to review all other wiretap cases Mr. Clinesmith had been involved with and the bureau adopted more stringent rules for its national security wiretap applications.Mr. Page spoke at the hearing, which was conducted by video and teleconference because of the pandemic. Mr. Page said he had been harmed by the invasion of his privacy and public knowledge that he was under scrutiny as part of the Russia investigation, including losing friendships and receiving death threats.Mr. Page emphasized that it became publicly known that he was being investigated as part of the inquiry into whether Trump associates had conspired with Russia in its 2016 election interference — which Mr. Page termed a “manufactured scandal.”Judge Boasberg later suggested that the intelligence court may well have approved the last wiretap extension even if it had been told about the C.I.A. issue, citing the numerous other flaws in the applications.Notably, Mr. Page did not ask Judge Boasberg to impose prison time on Mr. Clinesmith. He also volunteered to serve as a “friend of the court” in future surveillance court matters, citing his own civil liberties experiences as a target of surveillance since deemed improper. (The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.)Mr. Clinesmith also spoke, expressing contrition for what he portrayed as a failure of judgment and talking about the effect of losing his job and reputation. His list of apologies included one to his wife — who is pregnant with their first child — for the stress and loss of his $150,000 income, and one to the F.B.I. for bringing public opprobrium upon it and for the extra work colleagues had to do in remedial actions.“I apologize to everyone,” he said.AdvertisementContinue reading the main story More