Like many other IT guys and gals, I was never sold on the original explanation of the DNC hack. There were so many loose ends.

1. Why did the Russians hack the DNC servers? All of the embarrassing Clinton emails came from the Podesta emails that were acquired prior to the DNC Hack. It was the Podesta emails the Russians were using to taunt Trump and Clinton surrogates in London in May 2016. Yet most people think Ms. Wasserman Schultz was fired because of the DNC Hack. The DNC had plenty of reasons to fire Ms. Wasserman Schultz. The two biggest reasons were the way the DNC treated the Sanders campaign and the proportion of donations collected by the DNC given to the Clinton campaign. Obviously, the bad relations between the DNC and the Sanders campaign had nothing to do with the Russians.  If the Russians hacked the servers, why disclose the hack via Wikileaks so quickly? It was so out of character! It is almost as if the Russians hacked the DNC servers as a favor to the DNC.
2. What was Crowdstrike doing during the DNC Hack? In a previous post, I remarked that Crowdstrike’s actions reminded me of a Lifelock commercial. I said, “If Crowdstrike knew the DNC was hacked in 2015 and information was transmitted back to Russia, why did they install a security monitor in May 2016? Why did they wait until June to actually fix the problem?”

If the DNC proceeds with the lawsuit there are two things I would like to find out.

1. Was Either Crowdstrike Or Fusion GPS One Of The Private Contractors Who Ran Unsupervised FISA-702 Queries In Early 2016?

The rumor is that Fusion GPS was the private contractor who ran unsupervised FISA-702 queries that resulted in the first FISA abuse of 2016. As I said in a previous post:

By April 18, 2016, the FBI they knew that their FISA-702 “Queries” irregularities had triggered a full Compliance Audit by the NSA. This would lead NSA to admit a non-compliance issue to the FISA court on October 26, 2016.

Most of the FISA-702 “Queries” irregularities occurred before April 2016. This was a really big FISA abuse that happened just days before the DNC Hack. I think the FBI and the private contractor took the risk because they did not think they would get caught. This would explain the arrogance that was displayed later in 2016 when the FISA court would be further abused with the Trump dossier. Considering the abuse the FISA court has taken, I wonder if they would be willing to disclose the name of the contractor if that contractor was found to be collecting information that could be used against political opponents.

1. Did the private contractor have a relationship with the Democratic party?
2. Was this unsupervised access to raw FISA data used to spy on political opponents?
3. Was this unsupervised access to raw FISA data used to spy on the Sanders campaign or the DNC?
4. Were they looking for previously unknown classified or top secret Clinton emails from her server that were not part of the emails she turned over?

2. What Was Crowdstrike Doing In May 2016?

This is a question that near and dear to old IT guys. In my world, if our systems are hacked on April 29^th them my job is to have them fixed by April 30^th. The idea that Crowdstrike did not fix the problem until June 10^th is shocking.  Obviously, this was a lousy plan. Why let your systems be hacked for over 30 days? What did they learn that was so important?

Democrats complained that the memo:

1. Impacted national security
2. Attacked the institutions of the Department of Justice and the FBI
3. Destroyed the trust with intelligence agencies

I read the FISA memo and did not see where it impacted national security or attacked the Department of Justice and the FBI as institutions. Mr. Comey needs to look no farther than himself to find someone who leaked and destroyed trust with intelligence agencies. A broader condemnation can be made of the intelligence agencies for the numerous leaks made in October, November, and December of 2016. This is a period Mr. Comey was in charge of the FBI. Due to the information that was leaked, people in the DOJ and FBI involved with the investigation are the likely leakers. Although these leaks are serious issues, the abuses described in the memo are specific to certain individuals in the DOJ and FBI who intentionally misled the FISA court in October of 2016.

The Tyranny of Good Intentions

History reminds us that this is not the first time prosecutors have abused their postion for what they perceive is the common good. Here is a quote from a book published in 2000, The Tyranny of Good Intentions.

When a prosecutor is intent on a frame-up or the Justice Department on a cover-up, not even money and exposure can stop the process. In high-profile cases, clever prosecutors protect themselves by first convicting their victims in the media. With the public aroused against the victim, the prosecutor has a free hand.

I hope that releasing the memo will help the FBI and Department of Justice become the organizations that as Trey Gowdy said, “do not give a whit about politics“. To achieve that goal they have to stop doing boneheaded things. Borrowing from a Forbes article, 5 Boneheaded Ways Smart People Fail, here are some examples that might help them achieve that goal.

1. Several People In The FBI Thought They Were The Smartest Person In The Room.

Mr. Comey, Mr. McCabe, Mr. Stzrok, Mr. Ohr, and Ms. Page are all smart people but seem to be too self-absorbed to recognize how bad their actions look. As an example, Mr. Comey probably thinks he did the country a great favor by leaking information and forcing a special prosecutor to take over the investigation. While some people may approve of his actions, others will view his actions as those of a political hack using the FBI to crudely attack the President.  When you look at the actions of these four people, it is impossible to rationalize this investigation as one that does not give a whit about politics. As Travis Bradberry said in the Forbes article,

Your chance of failure is heightened when you don’t care to know what other people think.

2. The FBI Management Surrounded Themselves With Yes-men and Yes-women.

It is hard for me to imagine how Fusion GPS and the Trump dossier could have been so influential within the Department of Justice without Yes-men and Yes-women.

3. Several People In The FBI Viewed Themselves As Untouchable.

Mr. Comey and Mr. McCabe come across as people who thought they were untouchable. Mr. Comey must have thought he was pretty special after keeping his job despite antagonizing both political parties with his extra-legal actions. Then he was shocked when President Trump fired him. I am still amazed that Mr. McCabe did not recuse himself from the Clinton investigation. A lot of Clinton money went to his wife’s political campaign. As Travis said,

These unrealistic expectations made failure inevitable. Leaders must continually question their positions, especially when they’re on top.

4. Several People In The FBI couldn’t tell where they stopped and the FBI began.

The best example of this Mr. Strzok comments about an “insurance plan”. Just do your job!

5. Several People In The FBI drove past red flags and warning signs.

I think the Top Secret FISA Court Order document obtained by Judicial Watch on May 23, 2017, shows that the FISA Court was livid at the FBI. By April 18, 2016, the FBI they knew that their FISA-702 “Queries” irregularities had triggered a full Compliance Audit by the NSA. That should have been a warning sign not to mess with the FISA court. The idea that people were pushing the Trump dossier within the Department of Justice should have been a red flag. Did the FBI use it to get a FISA warrant despite its origin? As Travis said,

Some leaders are so enamored with their personal visions that they’re willing to drive the company off of a cliff in pursuit of them. Many of these leaders solicit input and suggestions, but they just can’t take their feet off the gas. Persistence is a great quality in a leader but not if it means ignoring the facts.