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Catherine Herridge

Kash Patel Reporting Most Media Missed

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TOPLINE:
With Kash Patel’s nomination to lead the FBI, an independent watchdog may soon bring needed transparency to allegations of government overreach targeting GOP congressional investigators, including Patel, probing the origins of the FBI’s Russia probe, “Crossfire Hurricane.”
The findings may tell us a lot about the power of Washington’s unelected bureaucracy.
DEEP DIVE: 
There are some stories you don’t forget because of the pressure that is brought to bear on you by the government bureaucracy to walk away from the reporting.
One of those stories came in 2018, when a review of congressional emails revealed a senior justice department official Rod Rosenstein had allegedly threatened staffers on the House intelligence committee, among them Kash Patel.
Context matters: At the time, Patel and his team were systematically dismantling the premise for the FBI’s 2016 “Crossfire Hurricane” probe that investigated alleged collusion between the Trump campaign and Russia.
Because Patel had deep experience at the Justice Department, he understood and could expose defects in the surveillance (FISA) warrants for Trump campaign aide Carter Page, among other irregularities in the FBI/DOJ case.
At the time, I was the chief intelligence correspondent for Fox News based in Washington D.C. The Fox story was headlined “(Rod) Rosenstein threatened to ‘subpoena’ GOP-led committee in ‘chilling’ clash over records, emails show”
It was straightforward, document driven reporting, but the response from the DOJ was severe and, in my experience, disproportionate.  We had reviewed emails that memorialized a January 2018 closed-door meeting between senior FBI and DOJ officials and members of the House Intelligence committee.
The 2018 report read, “The DAG [Deputy Attorney General Rosenstein] criticized the Committee for sending our requests in writing and was further critical of the Committee’s request to have DOJ/FBI do the same when responding,” the committee’s then-senior counsel for counterterrorism Kash Patel wrote to the House Office of General Counsel.”
The report continued, “Going so far as to say that if the Committee likes being litigators, then ‘we [DOJ] too [are] litigators, and we will subpoena your records and your emails,’ referring to HPSCI [House Permanent Select Committee on Intelligence] and Congress overall.”
The pushback to the story was swift and severe.   Reps for the FBI and DOJ disputed the email account.   “The FBI disagrees with a number of characterizations of the meeting as described in the excerpts of a staffer’s emails provided to us by Fox News.”
“A DOJ official insisted Rosenstein ‘never threatened anyone in the room with a criminal investigation.’ The official added that department and bureau officials in the room ‘are all quite clear that the characterization of events laid out here is false,” adding that Rosenstein was responding to a threat of contempt.’’”
My understanding of the 2018 meeting would change when new claims were made public in a 2023 lawsuit brought by Patel against FBI Director Wray and former Justice Department officials.
At the time, I was working as a senior investigative correspondent for CBS News in Washington D.C. According to the 2023 lawsuit, a subpoena for Patel’s “personal information” had already been obtained before the confrontational 2018 meeting.
According to court records, “On November 20, 2017, while Mr. Patel was still in his role as Senior Counsel and Chief Investigator for the HPSCI (House Permanent Select Committee on Intelligence), the United States Department of Justice (“DOJ”) secretly sought a grand jury subpoena to compel Google to turn over Mr. Patel’s private email account data. They did so in complete contravention of the Fourth Amendment to the U.S. Constitution, which guarantees against unreasonable search and seizure.”
The lawsuit continued, “DOJ sought the subpoena for Mr. Patel’s private accounts without a legitimate basis in a chilling attempt to surveil the person leading the Legislative Branch’s investigation into the Department of Justice’s conduct during the Crossfire Hurricane investigation. This was a blatant abuse and violation of the separation of powers by DOJ, a violation of Mr. Patel’s constitutional rights, and an attempt to find a way to silence an investigation into DOJ’s questionable conduct, as detailed below.  DOJ couldn’t subpoena Mr. Patel’s official accounts without sparking a public, political and legal battle; thus, they went for his personal accounts, in a non-public and unconstitutional manner, seeking dirt on Mr. Patel.”
Timing matters:  Based on the lawsuit, the DOJ sought Patel’s records BEFORE the 2018 meeting.  The lawsuit described it as a “politically motivated investigation.”
According to the 2023 lawsuit, Patel learned about the subpoena several years later, in 2022, when Google notified him the DOJ had sought information related to his personal accounts.
The court records state, “Mr. Patel was wholly unaware of this subpoena until December 12, 2022, when, in line with its policy, Google notified Mr. Patel that DOJ issued it a subpoena for information related to his personal accounts.”
In September this year, a Memorandum Opinion from the court, said the defendants motion to dismiss the complaint was granted.  Among the arguments, that these officials are “entitled to qualified immunity…”
A separate watchdog report may soon bring needed transparency to these allegations of government overreach.  In this case, claims that some senior FBI and DOJ officials abused their authority to gather information on congressional investigators scrutinizing the origins of the FBI Russia collusion probe.
I will have more to say, in the future, about my experience reporting the story and the personal blowback from government officials.
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Best, Catherine
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Catherine Herridge

How ‘Woke’ Broke The FB

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 Author  Catherine Herridge

We Obtain Internal FBI DEI Guide On Managing Unconscious Bias

TOP LINE  
An internal FBI inclusivity “Guide,” obtained by our investigative team, counseled agents on “Ways to Manage Your Unconscious Bias,” “Micro-Inequities” and “How to Improve Your Inclusive Intelligence.”
“The New IQ: Your Guide to Sustaining Inclusive Habits in the Workplace” was widely shared in mid-2020 and includes nine “tips” to counter unconscious bias.
Separately, as part of our investigation, recently retired FBI agents said they saw, firsthand, how law enforcement capabilities were compromised because merit took a backseat to DEI priorities.
They dubbed the legendary FBI Quantico Training Academy the “Participation Academy” because of headquarter’s pressure to “push through” poorly performing candidates to meet their DEI objectives.
The retired agents said FBI Director Patel inherits a workforce where standards dropped impacting physical fitness of agents, their firearms skills as well as professional qualifications, putting the FBI mission and safety at risk.
DEEP DIVE
More than a half dozen recently retired FBI agents agreed to speak with me on a confidential basis.  They said they feared retaliation for describing their experiences with the FBI’s DEI initiatives. While fiercely loyal to the bureau, they said they felt compelled to come forward, citing a dangerous reduction in standards that they believe endanger agents and the public.
The group of retired agents was diverse.  It included male, female, Asian, Black and White agents from field offices in different parts of the country.  Their work experience covered multiple facets of the recruitment and training process. Everyone I spoke with offered a first hand account of DEI’s impact.
FBI DEI Guide Defines “Unconscious Bias”
The retired agents told me they valued diversity because it could strengthen the FBI mission but in recent years, the agents said FBI leadership took the attitude the bureau was “too White.”   The decline, they said, began under FBI Director Mueller who made the DC Headquarters his focus.  They said it accelerated under FBI Director Comey. They blamed Director Wray for standing by as the “train wreck happened.”
“Ways To Manage Your Unconscious Bias”
I was told that the physical fitness performance of candidates declined. The requirements include timed sit-ups (1 minute), timed 300-m sprint, untimed push-up maximum and timed 1.5 mile run.
The retired agents described recruits who had an “attitude problem.” The recruits would quit the long distance run or claim injuries if they thought they would not pass a requirement.   The number of successfully completed push ups was routinely low because many recruits didn’t have the skill or strength to follow the required protocol (i.e bad form, not low enough.)
What I learned about firearms training was also concerning.  I was told some recruits lacked the “mental toughness” to competently handle guns. Other candidates had documented mental health issues.  While their performance was poor, there was a “push them through Quantico attitude.”
The backbone of FBI investigations is a witness interview summary known as a “302.”  In some cases, new agents lacked basic writing skills to complete a 302, in part, because work experience requirements had been relaxed.  Once poor performing recruits were “pushed through Quantico,” the hope was that FBI Field Offices would fix them.
While the retired agents said diversity was valuable to the bureau it had taken precedence over merit. They said they looked up to the FBI when they joined and are hopeful Director Patel can restore and reverse this decline.
These retired FBI agents are solution oriented and respectfully asked if Director Patel would be willing to meet with them because they understand where the change needs to happen internally.
Describing how “woke broke the FBI,” one of the agents shared the wrenching personal decision to discourage their child from following in their professional footsteps. Something that would have been inconceivable during most of their time with the Bureau.
FBI spokesman Ben Williamson said, ““Director Patel’s new FBI will be an entirely mission focused institution — working every day to get criminals off our streets, keep the American people safe, and let good agents be good agents. We are aggressively working to abide by any Presidential directive to root out politically motivated, social engineering projects — they have zero home here and never will as long as Director Patel is at the helm.”

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Catherine Herridge

Return of the Diet Coke Button

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On the eve of Inauguration Day, the time is right to share my personal story about the “Diet Coke” button.
DEEP DIVE
It is a privilege and a tremendous opportunity for a reporter to interview the Commander in Chief.   Any journalist who tells you otherwise is bitter because they can’t land the big interview.
I have sat down with President Trump twice.  First at Fox News, after the Special Counsel Robert Mueller report was released.  The second time, at the height of the COVID-19 pandemic, as a senior investigative correspondent for CBS News.
In advance of interviewing President Trump, I was invited to an informal meeting at the White House. The Oval Office appointment had the tone of a “get to know you session.”
While the meeting was “off the record,” I can tell you that it wasn’t about setting limits on an interview or providing questions which would cross a journalistic redline.  I understood from President Trump’s press team that he made the final call on which reporter would conduct the interview.
Sitting across from President Trump, I noticed a red button on the Resolute Desk and my imagination ran wild.  “What was it, a nuclear button, a panic button, or a get this reporter out of here button?”’
Source: X realDonaldTrump
I was not the first person to fall into this trap.  In his book, “The Chief’s Chief,”  former White House chief of staff Mark Meadows described his encounter with the Diet Coke button, writing it “seemed like something you might use to launch a nuclear missile, or maybe to order SEAL Team Six into action.”
“I braced for whatever sonic boom, breaking glass, or cloud of smoke I assumed was coming,” Meadows added.
With a keen eye, President Trump saw my curiosity, and leveraged it. He leaned across the desk, and in what seemed a very deliberate manner, he pressed the red button. I nearly jumped out of my seat.
Then to my right, I recall that a butler entered the Oval Office with a silver tray and several tall glasses of Diet Coke.   I can’t recall exactly, and it may have been the shock of the red button, but the butler seemed to appear out of nowhere from behind the bookcases.
Commemorative Bottle of Diet Coke
I recall President Trump put his hand next to his mouth, and whispered, “It’s one of the best parts of the job!”
Out of respect for the ground rules, I am not going to say much more about the meeting because it was off the record. As we concluded,  President Trump asked if I had ever seen the Lincoln bedroom which, of course, I had not.  Then he made some quip about the Clintons and you can fill in the rest.
The CBS interview went ahead in July 2020 in the Rose Garden because of COVID-19 restrictions.  The questions were direct. One in particular he described as “a terrible question to ask,” but President Trump still answered each query. With my urging, CBS News released the full, unedited transcript.
Bear that precedent in mind as you consider the lingering controversy over the 60 Minutes Kamala Harris edit.

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