WE CAN TALK ABOUT THE SUBJECT
MATTER.
DAVID: JOINING ME NOW, FORMER
FBI SPECIAL AGENT STUART KAPLAN.
STUART, WONDERFUL TO SEE YOU
AGAIN.
LET’S JUST CUT RIGHT TO THE
CHASE, STUART.
DO YOU THINK THE RACE WAS
POLITICALLY MOTIVATED?
>> I THINK CERTAINLY IF YOU LOOK
AT THE OPTICS AND THE
PERCEPTION, TAKEAWAY IS THAT THE
FBI WAS USED AS A POLITICAL
WEAPON TO NEUTRALIZE THE FORMER
SITTING PRESIDENT OF THE UNITED
STATES, DONALD TRUMP, NO DOUBT
ABOUT IT.
WE’RE HAVING THIS CONVERSATION
ABOUT PRIVILEGED DOCUMENTS NOW.
WARRANT, THE AFFIDAVIT IN AND OF
ITSELF ADDRESSES THAT, THE LAST
TWO PAGES, AND NOW HERE WE ARE
HE’S SEEKING A SPECIAL MASTER TO
TRY TO MARTIAL AND PUT THE GENIE
BACK IN THE BOTTLE.
CERTAINLY, THE FBI ANTICIPATED
THAT, THAT’S WHY IT WAS INCLUDED
IN THE AFFIDAVIT.
SO MY TAKEAWAY IS IT WAS
POLITICALLY MOTIVATED.
DAVID: DOES THE REDACTED
AFFIDAVIT TELL US ANYTHING ABOUT
WHETHER RAID WAS WARRANTED?
>> I THINK IT TELLS US MORE
ABOUT WHAT WAS NOT IN THE
WARRANT OR WHAT WAS NOT IN THE
AFFIDAVIT.
I THINK MY TAKEAWAY IS THE
REALITY IS THAT THE BREADTH AND
THE SCOPE AND THE BROADNESS OF
THIS PARTICULAR WARRANT
CERTAINLY SUPPORTS THE OPTICS
AND THE PERCEPTION THAT THE
GOVERNMENT WAS MORE INTERESTED
IN GOING IN ON A FISHING
EXPEDITION.
THE FACT REMAINS THESE
DOCUMENTS, THESE BOXES WERE AT
MAR-A-LAGO FOR AT LEAST A YEAR,
YEAR AND A HALF.
THEY KNEW THAT.
UNLESS THERE’S SOME SMOKING GUN
WITH RESPECT TO WHETHER OR NOT
INDIVIDUALS OR AN INDIVIDUAL WAS
IN THE PROCESS OF SELLING OR
DISSEMINATING OR DOING SOMETHING
WITH THESE DOCUMENTS TO CAUSE AN
EXIGENT CIRCUMSTANCE OR THE
IMMEDIACY OF THE MOST INTRUSIVE
TOOL THAT THE FBI HAS AT ITS
DISPOSAL, THAT IS THE EXECUTION
OF A SEARCH WARRANT WITH, TO ME,
AGAIN, THE OPTICS IS THIS WAS
POLITICAL, BUT THEY WENT IN
VERY, YOU KNOW, CANDIDLY UNDER
THE AUSPICES OF A NATIONAL
SECURITY THREAT.
BUT IT LOOKS LIKE A FISHING
EXPEDITION TO ME.
DAVID: YOU KNOW, I DON’T
REMEMBER A RAID ON HILLARY
CLINTON WHEN SHE HAD, SHE HAD
CLASS PIED INFORMATION, VERY --
CLASSIFIED INFORMATION, VERY TOP
SECRET AS WELL, EYES-ONLY TOP
SECRET, ON AN OPEN SERVER,
UNGUARDED SERVER THAT COULD BE
ACCESSED BY DOZENS OF PEOPLE
THAT EVENTUALLY PART OF IT WAS
HAMMERED TO DEATH.
HERE’S WHAT JAMES COMEY SAID
ABOUT THAT WHOLE INCIDENT WITH
HER SERVER RIGHT BEFORE THE 2016
ELECTION.
HE SAID SEVEN E-MAIL CHAINS
CONCERN MATTERS THAT WERE
CLASSIFIED AT TOP SECRET SPECIAL
ACCESS PROGRAM LEVEL WHEN THEY
WERE SENT AND RECEIVED.
ALL OF THESE E-MAILS WERE
HOUSINGED ON UNCLASSIFIED --
HOUSED ON UNCLASSIFIED PERSONAL
SERVERS NOT EVEN SUPPORTED BY
FULL-TIME SECURITY STAFF.
OF COURSE, HE WENT ON TO SAY HE
WASN’T GOING TO TO PROSECUTE --
[LAUGHTER]
AND HERE WE HAVE AN INCIDENT
WHICH IS NOT AS BAD AS WHAT
HILLARY CLINTON HAD, AND THEY’RE
TALKING ABOUT PROSECUTING.
SO WHAT’S GOING ON?
>> I MEAN, CERTAINLY HER
SITUATION IS SO MUCH MORE
EGREGIOUS.
REALITY IS, OBVIOUSLY, SOMEHOW
SOMEONE SENT THOSE DOCUMENTS OR
THAT INFORMATION TO HER PERSONAL
SERVER.
THAT IN AND OF ITSELF WAS NEVER
REALLY DETERMINED AS TO WHO SENT
THOSE DOCUMENTS TO A PERSONAL
SERVER, AND SO HERE YOU HAVE
DONALD TRUMP WHO OBVIOUSLY,
CLEARLY, DID NOT PACK UP THE
OVAL OFFICE, SOMEONE PACKED IT
UP ON HIS BEHALF.
THEY’VE BEEN IN THE BOXES SINCE
THEY LEFT IF OVAL OFFICE -- THE
OVAL OFFICE A YEAR AND A HALF
AGO.
SO THE THREAT WITH RESPECT TO
HILLARY CLINTON, THE FACT THAT
THOSE DOCUMENTS, THAT
INFORMATION WAS DISSEMINATED
THROUGH THE INTERNET ONTO THE
SERVER IS A MUCH GREATER RISK
WITH RESPECT TO THAT SCENARIO
THAN BOXES TAKEN OUT OF THE OVAL
OFFICE WHICH STILL REMAINED IN
THE BOXES IN THE LOCATION THAT
THE GOVERNMENT WAS WELL AWARE
OF.
DAVID: YEAH.
AND THE PROBLEM WITH THE
AFFIDAVIT, THE REDACTED VERSION
WHICH, YOU KNOW, YOU CAN SEE A
LITTLE BIT AT THE BEGINNING, A
LITTLE BIT AT THE END BUT THE
WHOLE MIDDLE’S MISSING, IS THAT
WE KNOW IN THE PAST AFFIDAVITS
HAVE BEEN USED AT LEAST ONCE
WHERE SOMEBODY ACTUALLY PLED
GUILTY TO PUTTING MISINFORMATION
IN THE AFFIDAVIT IN ORDER TO GET
A WARRANT.
THAT WAS FBI ATTORNEY KEVIN
CLINESMITH.
HE PLED GUILTY FOR FALSE
STATEMENTS IN THAT CROSSPYRE
HURRICANE CAMPAIGN, THE
SO-CALLED RUSSIAN COLLUSION
INVESTIGATION.
COULD THE SAME THING HAVE
HAPPENED HERE?
AND WILL WE EVER KNOW WHETHER IT
HAPPENED?
THERE’S KEVIN CLINESMITH.
>> WELL, TO YOUR POINT EXACTLY,
NO ONE CAN TEST THE THE
TRUSTWORTHINESS OF THE AFFIDAVIT
ITSELF.
IN FACT, TO BE ABLE TO CHALLENGE
THE TRUSTWORTHINESS OF THE
CONTEXT IN WHICH THE INFORMATION
THAT WAS PROVIDED IN THE
AFFIDAVIT MAY NEVER COME TO
LIGHT UNLESS AN INDIVIDUAL IS
FORMALLY CHARGED.
SO GIVEN THE PRESENT STATE OF
THIS AFFIDAVIT, IT IS LIKELY OR
POSSIBLE OR PROBABLE THAT IT
WILL REMAIN IN EXACTLY THE SAME
STATE AS IT IS MILLION SUCH TIME
AS SOMEONE IS CHARGED.
NO ONE IS CHARGED, WE NEVER
KNOW.
AND TO ME, I THINK THE PROBLEM
THAT I HAVE IS NO ONE CAN
CHALLENGE THE LEGITIMACY OF THE
INFORMATION TO WHICH THIS
WARRANT WAS BASED UPON.
THAT’S A BIG PROBLEM FOR ME.
DAVID: STUART, WE REALLY HAVE TO
GO, SO AS QUICKLY AS YOU CAN,
HOW DO WE STRAIGHTEN OUT THE FBI
RIGHT NOW?
IT’S OBVIOUSLY BEEN POLITICIZED
AT A CERTAIN LEVEL.
DO WE NEED ANOTHER CHURCH
COMMISSION?
HOW DO WE DO THAT?
>> SIMPLY WHEN JIM COMEY WAS
ESCORTED OUT OF THE FBI
HEADQUARTERS BACK IN MAY OF
2017, THE MISTAKE WAS THAT
EVERYBODY WITHIN HIS CIRCLE
SHOULD HAVE ALSO BEEN ESCORTED
OUT.
IT’S BEEN ALLOWED TO PERMEATE
POLITICAL ENVIRONMENT.
IT IS UNFORTUNATE.
I AM SORRY TO SAY THAT THE
OPTICS, THE PERCEPTION IS
HORRENDOUS.
IT NEEDS TO BE FIXED TODAY.