Catherine Herridge
Kash Patel Reporting Most Media Missed
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.’’” | ||||||
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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.” | ||||||
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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. | ||||||
While this content is free, consider becoming a monthly member to support independent journalism and access future content. | ||||||
Thank you for the consideration and, most of all, for supporting our work! | ||||||
Best, Catherine | ||||||
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Catherine Herridge
Return of the Diet Coke Button
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?”’ | ||
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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. | ||
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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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Catherine Herridge
Four years later the FBI releases new footage of Jan 6 Pipe Bomber
TOP LINE: | ||||||||
A seasoned law enforcement contact believes the FBI’s pipe bomber probe is “absolutely a cold case,” and the newly released video footage and details about the suspect are part of the bureau’s “tickle the wire” approach to generate new leads. | ||||||||
The story of January 6th will never be fully understood until the pipe bomber is identified and their motive revealed. | ||||||||
DEEP DIVE: | ||||||||
This week, the FBI released new details and previously unseen video footage of its high priority suspect. I write ‘high priority’ because the reward, of up to $500k, is the kind of reward typically associated with global terrorist networks. | ||||||||
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The timeline is well documented. | ||||||||
On the evening of January 5th 2021, sometime between 7:30 and 8:30 pm, the suspect planted two viable pipe bombs. One device was left near a bench outside the Democratic National Committee (DNC) office and a second device was planted in an alleyway behind the Republican National Committee (RNC) office. Both locations are a few short blocks from the U.S. Capitol building. | ||||||||
“When investigators lack leads or want to ‘tickle the wire,’ they may use things like crime anniversaries..to help get them fresh leads,” Scott Sweetow, a retired ATF and former acting Director of the FBI’s Terrorist Explosive Device Analytical Center, explained. | ||||||||
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Over the years, I have discussed the case with Sweetow and others. Some of the newly released information struck both of us as probably not ‘new’ to investigators. | ||||||||
The FBI estimates the pipe bomber’s height at 5’7”. Having convered the FBI since 9/11, it’s the kind of basic information I would expect investigators to immediately release. Asked if the FBI sat on the details, Sweetow said it also struck him as odd. | ||||||||
“Typically, in any investigation, you want to get maximum information out to the public to spur leads as opposed to waiting,” Sweetow said. “If there is particularly sensitive information which cannot be released, sometimes it is a tactical decision to withhold that, but given the length of time that has passed since the attempted bombings, it really made little investigative sense to hold back information like this for as long as they did.” | ||||||||
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I was among the first journalists to report on the pipe bombs. Three days after the pipe bombs were discovered, I obtained this law enforcement bulletin that raised questions about the bomber’s timing and motive. | ||||||||
The choice of the RNC and DNC had obvious political overtones. According to the law enforcement records, the RNC device was reported at approximately 12:45 pm eastern on January 6th in the alley, wedged next to a garbage bin. The DNC device was found a half hour later, at approximately 13:15 pm eastern, in the bushes outside the building. | ||||||||
Both devices were planted in lightly trafficked areas, suggesting the pipe bomber’s goal was to attract attention and not to inflict the greatest number of casualties. | ||||||||
In March 2021, I reviewed a second law enforcement report that summarized the FBI lab’s forensic report. A key finding: both devices relied on mechanical kitchen timers. | ||||||||
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The Task Force report read, “…the forensic examination of a pipe bomb (device 1) indicated the device contained a powdery substance consistent with the oxidizer potassium nitrate, the fuel sulfur, and a fuel consistent with charcoal. A second pipe bomb (device 2) contained the low explosive black powder which consisted of the oxidizer potassium nitrate, the fuel sulphur and a fuel consistent with charcoal….Both devices’ switches consisted of a generic kitchen timer.” | ||||||||
“A wire ran from the zero side of the timer to the positive side of the 9-volt snap connector on device 1. The igniters on both devices consisted of one piece of steel wool with two alligator clips.” | ||||||||
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The pipe bombs had some sophistication, combining a mechanical timer and electrical ignition system. There was no secondary means of detonating the devices. My contacts report most pipe bombs recovered in the US have a simpler design. | ||||||||
When you are investigating a story, there is no substitute for going to the scene, and getting as close to the evidence as possible. With some research, and the help of long time contacts, I purchased a similar kitchen timer (above.) | ||||||||
I was struck by a flaw that is apparently well known to bomb techs. The 60 minute timers depend on the mechanical energy of a spring. If they are not properly wound, the electrical circuit will not be completed and the device will malfunction. | ||||||||
While the photos are grainy, it appears at least one timer may have stopped short of “zero,” but it’s hard to say for sure. | ||||||||
All of this suggests the pipe bombs may have been designed to explode on January 5th. An explosion that night, hours before the Certification of Electoral Votes, would have fundamentally changed Capitol Hill’s security posture. | ||||||||
“Washington DC would have been locked down in a way few people have encountered, and substantial resources would have been marshaled due to the concern of additional attacks. Had this occurred, it is highly unlikely the subsequent events of January 6th could have occurred, as the capital would likely have been severely locked down,” Sweetow explained. | ||||||||
While the bomb maker(s) may not have understood the potential flaw inherent in the use of kitchen timers, the apparent lack of DNA evidence suggests the bomb maker was not an amateur. | ||||||||
“This is absolutely a cold case. In the immediate aftermath of the bombing, the FBI threw massive resources at the case, which is certainly understandable given the political nature of the targets and the location being Washington DC,” Sweetow emphasized. “The lack of forensic evidence in this case is highly unusual, and one of the most problematic things facing investigators.” | ||||||||
Aside from the newly released details from the FBI about the bomber’s height and distinctive sneakers, security videos from the street reveal another clue. Almost as unique as DNA, it’s called “gait analysis”. | ||||||||
Gait analysis is the way a person walks, their mannerisms, how they carry themselves. It can be a very powerful investigative tool. Military and law enforcement sources tell me they use gait analysis to help identify targets in the field. | ||||||||
“I have long felt that the mannerisms of the suspect, to include their gait, the way they bent over multiple times, and generally carried themselves was highly suggestive of a female,” Sweetow said. His analysis was backed up by a second contact, a retired Special Forces officer. | ||||||||
It is hard to reconcile the known facts in the pipe bomber case. Massive resources were expended by the FBI, but no suspect(s) have been publicly identified. The suspect seen in the videos may not be the bomb maker and, in fact, investigators maybe looking for a small cell. | ||||||||
While the bomb maker may have been tripped up by the kitchen timers, they were expert enough to apparently avoid leaving significant DNA evidence. | ||||||||
And lastly, the motive may have been distraction after a contentious election, not an explosion with significant casualties. | ||||||||
“Sometimes you never actually discover what the intent is of a bomber,” Sweetow said in closing. “The choice of political targets, following a very contentious election and impending congressional certification implies a political motive for the bomber. Because of that, it is possible the suspect wanted to cause general chaos in the National Capital Region in the hopes of eliciting some sort of action, although what that action was is difficult to say.” | ||||||||
This is a worthy case for the next FBI Director. | ||||||||
For its part, according to the AP, the FBI “has assessed over 600 tips, reviewed about 39,000 video files and conducted more than 1,000 interviews over the past four years.” | ||||||||
While this content is free, consider becoming a monthly or yearly subscriber. We can do truly independent, investigative journalism without your generous support. |
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Best, Catherine |
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