PART 2:
An application for electronic surveillance under the Foreign Intelligence Surveillance Act need not show evidence of a crime. But the information obtained through the intercepts can be used to open a criminal investigation and may be used in a prosecution.
The application also showed that the FBI and the Justice Department’s national security division have been seeking since July to determine how broad a network of accomplices Russia enlisted in attempting to influence the 2016 presidential election, the officials said.
Since the 90-day warrant was first issued, it has been renewed more than once by the FISA court, the officials said.
In February, Page told “PBS NewsHour” that he was a “junior member of the [Trump] campaign’s foreign policy advisory group.”
A former Trump campaign adviser said Page submitted policy memos to the campaign and several times asked to be given a meeting with Trump, though his request was never granted. “He was one of the more active ones, in terms of being in touch,” the adviser said.
The campaign adviser said Page participated in three dinners held for the campaign’s volunteer foreign policy advisers in the spring and summer of 2016, coming from New York to Washington to meet with the group. Although Trump did not attend, Sen. Jeff Sessions (R-Ala.), a top Trump confidant who became his attorney general, attended one meeting of the group with Page in late summer, the campaign adviser said.
Page’s role as an adviser to the Trump campaign drew alarm last year from more-established foreign policy experts in part because of Page’s effusive praise for Russian President Vladimir Putin and his criticism of U.S. sanctions over Moscow’s military intervention in Ukraine.
In July, Page traveled to Moscow, where he delivered a speech harshly critical of the United States’ policy toward Russia.
While there, Page allegedly met with Igor Sechin, a Putin confidant and chief executive of the energy company Rosneft, according to a dossier compiled by a former British intelligence officer and cited at a congressional hearing by Rep. Adam B. Schiff (Calif.), the ranking Democrat on the House Intelligence Committee. Officials said some of the information in the dossier has been verified by U.S. intelligence agencies, and some of it hasn’t, while other parts are unlikely to ever be proved or disproved.
On Tuesday, Page dismissed what he called “the dodgy dossier” of false allegations.
Page has denied such a meeting occurred, saying he has never met Sechin in his life and that he wants to testify before Congress to clear his name. A spokesman for Rosneft told Politico in September that the notion that Page met with Sechin was “absurd.” Page said in September that he briefly met Russian Deputy Prime Minister Arkady Dvorkovich during that trip.
Comey has declined to discuss the details of the Russia probe, but in an appearance last month, he cited the process for getting FISA warrants as proof that the government’s surveillance powers are very carefully used, with significant oversight.
“It is a pain in the neck to get permission to conduct electronic surveillance in the United States. And that’s good,’’ he told an audience at the University of Texas in Austin.
Officials have said the FBI and the Justice Department were particularly reluctant to seek FISA warrants of campaign figures during the 2016 presidential race because of concerns that agents would inadvertently eavesdrop on political talk. To obtain a FISA warrant, prosecutors must show that a significant purpose of the warrant is to obtain foreign intelligence information.
[How hard is it to get an intelligence wiretap? Pretty hard.]
Page is the only American to have had his communications directly targeted with a FISA warrant in 2016 as part of the Russia probe, officials said.
The FBI routinely obtains FISA warrants to monitor the communications of foreign diplomats in the United States, including the Russian ambassador,
Sergey Kislyak. The conversations between Kislyak and Michael Flynn, who became Trump’s first national security adviser, were recorded in December. In February, The Washington Post reported that Flynn misled Vice President-elect Mike Pence and others about his discussions with Kislyak, prompting Trump’s decision to fire him.
In March, Trump made unsubstantiated claims about U.S. surveillance of Trump Tower in New York. Later that month, Rep. Devin Nunes (R-Calif.), chairman of the House Intelligence Committee and a Trump transition official, charged that details about people “associated with the incoming administration, details with little apparent foreign intelligence value” were “widely disseminated” in intelligence community reporting. He said none of the surveillance was related to Russia. The FISA order on Page is unrelated to either charge.
Last month, the former director of national intelligence, James R. Clapper Jr., told NBC’s “Meet the Press” that U.S. law enforcement agencies did not have any FISA orders to monitor the communications of Trump, either as a candidate or as a president-elect, or his campaign. But Clapper did not address whether there were any FISA warrants targeting Trump associates.
Three years before Page became an adviser to the Trump campaign, he came to the attention of FBI counterintelligence agents, who learned that Russian spy suspects had sought to use Page as a source for information.
In that case, one of the Russian suspects, Victor Pobodnyy — who was posing as a diplomat and was later charged by federal prosecutors with acting as an unregistered agent of a foreign government — was captured on tape in 2013 discussing an effort to get information and documents from Page. That discussion was detailed in a federal complaint filed against another Kremlin agent. 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 one secretly recorded conversation, detailed in the complaint, Pobodnyy said Page “wrote that he is sorry, he went to Moscow and forgot to check his inbox, but he wants to meet when he gets back. I think he is an idiot and forgot who I am. Plus he writes to me in Russian [to] practice the language. He flies to Moscow more often than I do. He got hooked on Gazprom thinking that if they have a project, he could rise up. Maybe he can. I don’t know, but it’s obvious that he wants to earn lots of money.’’
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The same court document says that in June 2013, Page told FBI agents that he met Pobodnyy at an energy symposium in New York, where they exchanged contact information. In subsequent meetings, Page shared with the Russian his outlook on the state of the energy industry, as well as documents about the energy business, according to the court papers.
In the secret tape, Pobodnyy said he liked the man’s “enthusiasm” but planned to use him to get information and give him little in return. “You promise a favor for a favor. You get the documents from him and tell him to go f--- himself,’’ Pobodnyy said on the tape, according to court papers.
Page has said the information he provided to the Russians in 2013 was innocuous, describing it as “basic immaterial information and publicly available research documents.” He said he had assisted the prosecutors in their case against Evgeny Buryakov, who was convicted of espionage.
Rosalind S. Helderman contributed to this report.
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