In August, former FBI lawyer Kevin Clinesmith pleaded guilty in federal court to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation of the of the irregularities surrounding law enforcement actions regarding allegations of”collusion” between Russia and the 2016 Trump campaign, a manufactured charge used to delegitimize and undermine the Trump Presidency. Clinesmith’s guilty plea was to “one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.”
Clinesmith admitted that in June 2017, he had sent a deliberately altered email to an FBI agent falsely indicating that Carter Page, a former Trump campaign adviser, was “not a source” for the Central Intelligence Agency. The email was used by the FBI to apply for a third extension of a FISA warrant justifying surveillance on Page. Paige had, in fact, been a source for the CIA. Clinesmith’s defense was that he had mistakenly thought the altered assertion in the email was correct, and he only altered it to save himself the trouble of getting a another email from the CIA.
If this doesn’t remind you of Dan Rather’s rationalization for using a forged document to accuse President George Bush of going AWOL while he was in the National Guard, it should. But Rather was just a journalist, albeit a one who carried the public trust. What he did was unethical, but what Clinesmith did was unethical and illegal. He knowingly manufactured evidence offered by the U.S. government to violate the Fourth Amendment Rights of a citizen, knowing that the warrant being sought would be used to spy on the Presidential campaign of the party opposing that of the sitting President, Barack Obama. The Trump Presidency was permanently sabotaged from its very start as a result of Clinesmith’s actions along with others in the Justice Department and FBI. Although the Mueller report found no evidence that any American anywhere, not just in the Trump campaign, coordinated with Russians to affect the 2016 election, the lie that Clinesmith facilitated constituted a deliberate effort by law enforcement officials to subvert a Presidential campaign and a President.
Yeasterday, Clinesmith was sentenced. U.S. District Judge for the District of Columbia James Boasberg, an Obama appointee, delivered the proverbial “slap on the wrist.” He sentenced him to 12 months probation and 400 hours of community service. He will serve no jail time.
My son, 18 at the time of his offense, was given five years probation and spent six months in jail for a traffic violation, just to provide some basis for comparison.