James Wolfe was arrested on June 6, 2018 for lying to the FBI. The issues go much further and could implicate members of the Senate Select Committee on Intelligence.

Note: Wolfe was charged with lying to the FBI. Wolfe was not charged with leaking any information.

James Wolfe was the Senate Select Committee on Intelligence’s (SSCI) Director of Security from May 1987 to December 2017. Wolfe was responsible for receiving, maintaining, and managing all classified information provided to the SSCI by the Executive Branch of the United States.

On July 23, 2018, Sundance of the Conservative Treehouse posted a very interesting article, indicating that Wolfe may have leaked the Page FISA Warrant to reporter Ali Watkins. I strongly encourage you to read the article.

I’ve had my own suspicions regarding the release of the Carter Page FISA Warrant and find Sundance’s theory highly plausible. See here.

One item missing was definitive proof (despite overtly obvious references) that the documents sent to the Senate Select Committee on Intelligence were actually the Page FISA Application.

It turns out the Grassley Memo was holding that proof.

March 15 2017 – Comey briefed Grassley & Feinstein of the Senate Judiciary Committee. From the Grassley Memo:

In response to the Committee’s inquiries, the Chairman [Grassley] and Ranking Member [Feinstein] received a briefing on March 15, 2017, from then-Director James B. Comey, Jr. -That briefing addressed the Russia investigation, the FBI’s relationship with Mr. Steele, and the FBI’s reliance on Mr. Steele’s dossier in two applications it filed for surveillance under the Foreign Intelligence Surveillance Act (FISA).

March 17 2017 – The Carter Page FISA documents were provided to Senate Judiciary Chairman Grassley and Ranking Member Feinstein. From the Grassley Memo:

On March 17, 2017, the Chairman and Ranking Member were provided copies of the two relevant FISA applications, which requested authority to conduct surveillance of Carter Page. Both relied heavily on Mr. Steele’s dossier claims, and both applications were granted by the Foreign Intelligence Surveillance Court (FISC).

March 17 2017 – On or about March 17, 2017, the Classified Document was transported to the Senate Select Committee. The Classified Document contained both SECRET and TOP SECRET information, including SECRET-level information regarding the identity and activities of the individual referred to in this Indictment as Male-1. As Director of Security, Wolfe received, maintained, and managed the Classified Document on behalf of the SSCI.

March 17 2017 – Wolfe exchanged 82 text messages with Watkins, and that evening engaged in a 28-minute phone call with her. The October 21, 2016 Page FISA Application is 83 pages long. Including one final signatory page (h/t the Conservative Treehouse).

What follows are details from the Wolfe Indictment, a look at the reporters involved along with a timeline of events. Although somewhat lengthy I trust you’ll find it eye-opening.

Referenced in Wolfe Indictment:

Reporter #1 – Probably Devlin Barrett of the Washington Post. Manu Raju is a second possibility.

– Probably Devlin Barrett of the Washington Post. Manu Raju is a second possibility. Reporter #2 – Ali Watkins of Buzzfeed/NYT/Politico.

– Ali Watkins of Buzzfeed/NYT/Politico. Reporter #3 – Probably Marianna Sotomayor of NBC. (Kasie Hunt co-author) Erin Kelly of USA Today may have also received information.

– Probably Marianna Sotomayor of NBC. (Kasie Hunt co-author) Erin Kelly of USA Today may have also received information. Reporter #4 – Identity uncertain. There has been some speculation it is Brian Ross of ABC.

– Identity uncertain. There has been some speculation it is Brian Ross of ABC. Male #1 – Carter Page.

– Carter Page. Classified Document – The Carter Page FISA Application.

Background from the Wolfe Indictment:

Between in or around December 2015 and in or around June 2017, Wolfe and Reporter #1 communicated at least five times using his [Wolfe’s] SSCI email account.

Wolfe regularly met clandestinely in person, and communicated, with Reporter #2 [Ali Watkins], with Reporter #3 [probably Marianna Sotomayor], and with other reporters, in places where the substance of their communications was unlikely to be detected by others, including secluded areas of the Hart Senate Office Building, restaurants and bars, and private residences.

Reporter #1 – Probably Devlin Barrett of the Washington Post (Manu Raju is a second possibility):

Between in or around December 2015 and in or around June 2017, Wolfe and Reporter #1 communicated at least five times using his [Wolfe’s] SSCI email account.

During the interview, FBI agents showed Wolfe a copy of a news article authored by three reporters, including Reporter #1, about an individual referred to herein as “Male-1 [Carter Page], that contained classified information that had been provided to the SSCI by the Executive Branch for official purposes.

From a April 11, 2017 Washington Post article, FBI Obtained FISA Warrant to Monitor Former Trump Adviser Carter Page by Ellen Nakashima, Devlin Barrett and Adam Entous:

The FBI obtained a secret court order in October 2016 to monitor the communications of a former adviser to presidential candidate Donald Trump, part of an investigation into possible links between Russia and the campaign, law enforcement and other U.S. officials said.

The FBI and the Justice Department obtained the warrant targeting Carter Page’s communications after convincing a Foreign Intelligence Surveillance Court judge that there was probable cause to believe Page was acting as an agent of a foreign power, in this case Russia, according to the officials.

The court documents in that spy case only identify Page as “Male 1.’’ Officials familiar with the case said that “Male 1’’ is Page.

In this article the existence of the Page October 2016 FISA warrant was first disclosed.

At the time of reporting, the article stated the FISA Warrant was obtained in the summer of 2016 – when Page was still part of the Trump Campaign. The article would later be updated as noted below:

Correction: This story has been updated to note that government investigators obtained a FISA warrant on Carter Page in October 2016, not the summer of 2016 as originally reported, and that in October 2016 Page was no longer an adviser to the Trump campaign.

Notable is the fact that none of the FISA Renewals make reference to the start date of the original FISA Application.

Reporter #2 – Ali Watkins:

During in or around 2013 and in or around 2014, Reporter #2 [Watkins] was an undergraduate student serving as an intern with a news service in Washington, D.C. In approximately December 2013, Wolf and Reporter #2 [Watkins] began a personal relationship that continued until in or around December 2017.

From in or around mid-2014 through in or around December 2017, Reporter #2 [Watkins] was employed in Washington, D.C. by several different news organizations covering national security matters, including matters relating to the SSCI. During this period, Reporter #2 published dozens of news articles about SSCI and its activities.

From in or around mid-2014 through in or around December 2017, Wolfe and Reporter #2 [Watkins] exchanged tens of thousands of electronic communications, often including daily texts and phone calls, and they frequently met in person at a variety of locations including Hart Senate Office Building stairwells, restaurants, and Reporter #2’s apartment. Wolfe and Reporter #2 also communicated with each other through encrypted cell phone applications.

In or around March 2017, a particular Executive Branch agency [DOJ] agreed to furnish the SSCI [Senate Select Committee on Intelligence] with a specific classified document (“the Classified Document”) for official purposes. The Classified Document contained both SECRET and TOP SECRET information, including SECRET-level information regarding the identity and activities of the individual referred to in this Indictment as Male-1 [Carter Page].

Male-1 is Carter Page

The Classified Document is the Carter Page FISA Application

On or about March 17, 2017, the Classified Document was transported to the SSCI. As Director of Security, Wolfe received, maintained, and managed the Classified Document on behalf of the SSCI.

On or about March 17, 2017, Wolfe exchanged 82 text messages with Reporter #2 [Watkins], and that evening engaged in a 28-minute phone call with Reporter #2.

On or about April 3, 2017, a news organization published an online article, under Reporter #2’s [Watkins] byline, that revealed the identity of Male-1 [Carter Page].

On or about that same date, both before and after the online news article was published, Wolfe and Reporter #2 [Watkins] exchanged approximately 124 electronic communications.

Approximately 20 minutes after the online news article was published, Wolfe and Reporter #2 [Watkins] had a cellphone call that lasted 7 minutes.

Reporter #2 [Watkins] appeared on a national cable television show to discuss Reporter #2’s [Watkins] online news article. Approximately 90 minutes later, Wolfe and Reporter #2 [Watkins] had a phone call lasting 15 minutes.

Watkins’ appearance on Maddow is below:

In or around December 2017, but before being interviewed by the FBI, Wolfe sent a text message to Reporter #2 [Watkins] that included the following:

I’ve watched your career takeoff even before you ever had a career in journalism. . . . I always tried to give you as much information that I could and to do the right thing with it so you could get that scoop before anyone else.

From Ali Watkin’s April 3, 2017 Buzzfeed article, A Former Trump Advisor Met with a Russian Spy:

A former campaign adviser for Donald Trump met with and passed documents to a Russian intelligence operative in New York City in 2013.

A court filing by the US government contains a transcript of a recorded conversation in which Podobnyy speaks with one of the other men busted in the spy ring, Igor Sporyshev, about trying to recruit someone identified as “Male-1.” BuzzFeed News has confirmed that “Male-1” is Page.

The Court Filing, which is 26 pages in length, is included in the Buzzfeed article. You may also find it here. Nowhere in the Court Filing is Carter Page named.

But Page is named, referenced and linked to the Court Filing in the FISA Application delivered to the SSCI.

Reporter #3 – Probably Marianna Sotomayor of NBC:

Between in or around September 2017 and continuing until at least in or around December 2017 , Reporter #3 [Sotomayor] and Wolfe regularly communicated with each other using the anonymizing messaging application Signal, text messages, and telephone calls.

On or about October 16, 2017, Wolfe informed Reporter #3 [Sotomayor], using Signal, that he had served Male-1 [Page] with a subpoena to appear before the SSCI.

On or about October 17 , 2017, Reporter #3 [Sotomayor] asked Wolfe, using Signal, to provide Reporter #3 [Sotomayor] with Male-1’s contact information, and Wolfe agreed to do so. Later that day, a news organization published a story, under Reporter #3’s byline, reporting that Male-1 [Page] had been subpoenaed to testify by the SSCI, and that Male-1 had been contacted by the news organization for comment.

On or about October 18, 2011, Male-1 [Page] sent an email to the SSCI, complaining that the news organization had published Reporter #3’s [Sotomayor’s] news article of the previous day, reporting that he had been subpoenaed.

On or about October 24, 2017, at 7:00 a.m., Wolfe informed Reporter #3, [Sotomayor] using Signal, that Male-1 [Page] would testify in closed hearing before the SSCI “this week.” At 9:58 a.m., Reporter #3 sent an email to Male-1, asking him to confirm that he would be “paying a visit to Senate intelligence staffers this week.”

At 9:23 p.m., Male-1 sent an email to the SSCI, forwarding the email he had received from Reporter #3, and complaining that the details of his appearance had been leaked to the press.

From Sotomayor’s October 17, 2017 article:

The Senate Intelligence Committee has subpoenaed documents and testimony from Carter Page as part of its investigation of Russia’s alleged intervention in the 2016 election, a source directly familiar with the matter told NBC News. The committee expects Page will invoke his Fifth Amendment rights and refuse to answer questions, the source said.

In an email, Page told NBC News he plans to testify — though he is asking to do it in public on November 1.

Reporter #4 – Identity Unknown. Possibly Brian Ross of ABC:

Between in or around October 2017 and continuing until at least in or around December 2017, Reporter #4 [Ross] and Wolfe regularly communicated with each other using the anonymizing messaging application Signal, text messages, and telephone calls.

In or around October 2017, Wolfe contacted Reporter #4 [Ross] using Signal, offering to act as an anonymous source. Wolfe specifically cautioned Reporter #4 to “never use [Wolfe’s] name to any of [Reporter #4’s] colleagues or other news related colleagues.”

Timeline:

December 2013 – Wolfe and Ali Watkins begin a personal relationship that continued until in or around December 2017.

Mid-2014-December 2017 – Wolfe and Watkins exchange tens of thousands of electronic communications, including daily texts and phone calls. They also frequently meet in person. Wolfe and Watkins also communicated through encrypted cell phone applications.

December 2015-June 2017 – Wolfe communicates with Reporter #1 at least five times, using his Senate email account, from 2015 to 2017. Reporter #1 is probably Devlin Barrett of the Washington Post.

Early 2017 – The FBI begin conducting a criminal investigation into multiple unauthorized disclosures of classified information to one or more members of the news media (“the FBI Investigation”).

March 15 2017 – Comey briefs Grassley & Feinstein of the Senate Judiciary Committee. From the Grassley Memo:

In response to the Committee’s inquiries, the Chairman [Grassley] and Ranking Member [Feinstein] received a briefing on March 15, 2017, from then-Director James B. Comey, Jr. -That briefing addressed the Russia investigation, the FBI’s relationship with Mr. Steele, and the FBI’s reliance on Mr. Steele’s dossier in two applications it filed for surveillance under the Foreign Intelligence Surveillance Act (FISA).

March 17 2017 – The Carter Page FISA documents are viewed by Senate Judiciary Chairman Grassley and Ranking Member Feinstein. We know this from Grassley’s Memo.

On March 17, 2017, the Chairman and Ranking Member were provided copies of the two relevant FISA applications, which requested authority to conduct surveillance of Carter Page. Both relied heavily on Mr. Steele’s dossier claims, and both applications were granted by the Foreign Intelligence Surveillance Court (FISC).

March 17 2017 – On or about March 17, 2017, the Classified Document is transported to the Senate Select Committee. The Classified Document contains both SECRET and TOP SECRET information, including SECRET-level information regarding the identity and activities of the individual referred to in this Indictment as Male-1. As Director of Security, Wolfe received, maintained, and managed the Classified Document on behalf of the SSCI.

March 17 2017 – Wolfe exchanged 82 text messages with Watkins, and that evening engaged in a 28-minute phone call with her. The October 21, 2016 Page FISA Application is 83 pages long. Including one final signatory page (h/t the Conservative Treehouse).

April 3 2017 – Buzzfeed published an online article, under Watkins byline, that revealed the identity of Male-1 as Carter Page. Wolfe & Watkins exchange approximately 124 electronic communications on this day – both before & after article’s publication. The also have a seven minute phone call 20 minutes following publication.

April 4 2017 – Watkins appears on the Rachel Maddow Show to discuss her Carter Page article. Following her appearance on Maddow, Watkins & Wolfe have a 15 minute phone conversation.

April 11 2017 – A Washington Post article, FBI Obtained FISA Warrant to Monitor Former Trump Adviser Carter Page by Ellen Nakashima, Devlin Barrett and Adam Entous. In this article the existence of the Cater Page October 2016 FISA warrant was first disclosed.

May 26 2017 – The Senate Select Intelligence Committee (SSCI) asked President Trump’s political organization to gather and produce all Russia-related documents, emails and phone records going back to his campaign’s launch in June 2015. Several months earlier the Senate Intelligence Committee for the campaign committee to preserve documents.

September 2017-December 2017 – Wolfe regularly communicates with Reporter #3 using the anonymizing messaging application Signal, text messages, and telephone calls. Reporter #3 is probably Marianna Sotomayor of NBC.

October 2017 – Wolfe contacts Reporter #4 and offers to act as an anonymous source. Reporter #4’s identity not known with certainty. Reporter #4 is possibly Brian Ross of ABC.

October 2017-December 2017 – Wolf and Reporter #4 regularly communicate with each other using the anonymizing messaging application Signal, text messages, and telephone calls. Reporter #4’s identity not known with certainty. Reporter #4 is possibly Brian Ross of ABC.

October 16 & 17 2017 – Wolfe used Signal, an encrypted messaging app, to alert Reporter #3 [Sotomayor] in October 2017 that he had served Carter Page with a subpoena to testify before the committee. Erin Kelly of USA Today may have also received information. From Sotomayor’s October 17, 2017 article:

The Senate Intelligence Committee has subpoenaed documents and testimony from Carter Page as part of its investigation of Russia’s alleged intervention in the 2016 election, a source directly familiar with the matter told NBC News. The committee expects Page will invoke his Fifth Amendment rights and refuse to answer questions, the source said.

October 24 2017 – Wolfe informs Reporter #3 [Sotomayor] that Page would testify in a closed hearing before the Senate Select Committee on Intelligence. Reporter # 3 [Sotomayor] sends an email to Page asking for confirmation.

October 30 2017 – FBI agents meet with Wolfe and inform him that they are investigating the unauthorized disclosure of classified information that had been provided to the SSCI by the Executive Branch of the United States for official purposes. Wolfe was responsible for receiving, maintaining, and managing all classified information provided to the SSCI by the Executive Branch.

December 1 2017 – ABC’s Brian Ross gets fake news leak about Michael Flynn. later retracted and Brian Ross suspended (h/t the Conservative Treehouse).

December 3 2017 – Fake news leak about Manafort broadcast by ABC. Later retracted (h/t the Conservative Treehouse).

December 4 2017 – Fake News leak about Duetsche Bank subpoena for Trump bank records. Reported by Bloomberg; later retracted (h/t the Conservative Treehouse).

December 8 2017 – CNN’s Manu Raju gets fake news leak about WikiLeaks and Don Trump Jr. email. The date on the email was wrong. Broadcast by CNN, later retracted (h/t the Conservative Treehouse).

December 14 2017 – Ali Watkins announces she will no longer cover the Senate Select Committee on Intelligence (h/t @almostjingo).

December 15 2017 – FBI agents interview James Wolfe. During the interview, FBI agents ask Wolfe about an article written by NYT reporter Ali Watkins. Wolfe denies knowing the reporter’s sources. During the same interview Wolfe denies knowing Watkins. After being confronted with pictures of the two together, Wolfe admits to being in a “personal relationship” with Watkins since 2014.

According to the FBI, Wolfe used his personal cell phone, his SSCI-issued electronic mail account and anonymizing messaging applications, including Signal and WhatsApp, to exchange electronic communications with reporters.

December 2017 (day unknown) – FBI agents initially approach Reporter Ali Watkins about her relationship with James Wolfe who was the Senate Select Intelligence Committee’s Director of Security. FBI tells Watkins they are investigating unauthorized leaks. Watkins had been in a three-year relationship with Wolfe. Watkins joined the NYT in December 2017. Watkins had previously been a reporter with Buzzfeed News. Watkins previously worked for Politico reporting on national security. Watkins reportedly informed editors at Politico, Buzzfeed & the Times of her relationship with Wolfe.

FBI agents assert that Wolfe helped Watkins with articles while the two were dating. Watkins apparently does not answer the FBI’s questions. Watkins denies that Wolfe was a source of classified information during their relationship. Watkins’ denial may have been made to the NYT and not the FBI.

Feb 13 2018 (on or prior to) – DOJ Prosecutors seize multiple years worth of NYT Reporter Ali Watkins’ phone and email records. There are two email accounts and one phone number. The seizure includes customer records and subscriber information but not the content of the phone calls or emails. Watkins is notified in a February 13 2018 letter from the DOJ’s National Security Division

The FBI was investigating how Watkins learned that Russian spies in 2013 had tried to recruit Carter Page. Watkins published an article for BuzzFeed News on April 3, 2017 about the attempted recruitment of Page in which he confirmed the contacts. Watkins also published a March 15 2017 article in Buzzfeed detailing the FBI’s investigation of Michael Flynn.

Note: Justice Department Regulations require the government to have “made all reasonable attempts to obtain the information from alternative, non-media sources” before investigators may target a reporter’s information. The rules generally require the Justice Department to notify reporters first to allow them to negotiate over the scope of their demand for information and potentially challenge it in court.

The rules permit the Attorney General to make an exception to that practice if he “determines that, for compelling reasons, such negotiations would pose a clear and substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm.” Top Justice Department officials must sign off on any attempt to gain access to a journalist’s communications records.

Watkins was not notified before DOJ Prosecutors gained access to her information from the telecommunications companies. Among the records seized were those associated with her university email address from her undergraduate years.

Top Justice Department officials must sign off on any attempt to gain access to a journalist’s communications records.

May 3 2018 – Wolfe Grand Jury sworn in. Grand Jury proceedings begin.

June 6 2018 – The Senate Intelligence Committee unanimously approve a request to hand over documents to the DOJ “in connection with a pending investigation arising out of the unauthorized disclosure of information.”

June 7 2018 – James Wolfe arrested. Wolf was the Senate Intelligence Committee’s Director of Security. Wolfe was charged with lying repeatedly to investigators about his contacts with three reporters. Wolfe made false statements to the FBI about providing two of the reporters with sensitive information related to the committee’s work. He denied to investigators that he ever gave classified material to journalists. Wolfe was not charged with leaking any information.

July 2 2018 – Brian Ross of ABC News resigns. Brian Ross may be Reporter #4 in the Wolfe Indictment.

July 27 2018 – The WSJ reports that attorneys for Wolfe sent letters to all 15 senators on the Senate Select Committee on Intelligence, notifying them that their testimony may be sought as part of Wolfe’s defense.

Members of the Senate Intelligence Committee have been notified they may be asked for testimony as part of the criminal trial of a veteran Senate staffer accused of lying to the FBI while working for the panel.

If senators declined to appear voluntarily for either a deposition or at trial, they could be subpoenaed. That action that could spark a legal battle over a constitutional provision that gives lawmakers certain immunity and privilege for actions undertaken as part of their official duties, as well as over how much national security information can be disclosed in open court.

There are two possible reasons for this lawsuit:

Wolfe: “If I’m going down, so is everybody else.” This is a crafted lawsuit. One that is intentionally designed to trigger a protracted legal battle over the constitutional provision of immunity for lawmakers. Consider the time that could be consumed…

This is only going to get more interesting.

Update: The Conservative Treehouse has a new article that is worth your time. From Sundance’s post:

It is highly likely there were no redactions in the copy Wolfe leaked to the media. It is highly likely Wolfe was caught in a leak hunt, and the copy given to him included a specific, and intentionally wrong, internal date using October 19th as the origination date for FISA application approval. (The actual date was Oct 21st). The October 19th date then shows up in subsequent media reports which were based on the leak. The New York Times and Washington Post used the wrong date; the concentric reporting of the NYT and WaPo spread the wrong date like a virus. However, despite overwhelming and easy to prove evidence against him, Wolfe was never charged with the Carter Page FISA leak. The DOJ/FBI have him dead-to-rights on that leak, but he was charged with the more disingenuous crime of lying to the FBI.

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