The leak inquiry into former FBI general counsel James Baker had nothing to with the Russia investigation or the Trump dossier, people close to Baker say.
Two days after a letter from two Republican lawmakers revealed Baker is under criminal investigation for unauthorized leaks to the media, Mother Jones reporter David Corn shot back at what he said was a “right-wing smear campaign” to distract from the Trump-Russia “scandal.”
In the letter, Reps. Jim Jordan of Ohio and Mark Meadows of North Carolina ask U.S. Attorney John Durham for the District of Connecticut for an update on what they said is an “ongoing” inquiry. They cite portions of the transcript of a congressional interview with Baker and his lawyer Daniel Levin in October in which Levin said his client could not answer certain questions because of an ongoing investigation.
Jordan and Meadows’ mention of an “ongoing” investigation led to outlets, including the Washington Examiner, to report that Baker is still being scrutinized. Baker was appointed FBI general counsel in January 2014 and reassigned by newly appointed Director Christopher Wray in December 2017. Last year, it was reported that Baker was resigning, and since has done writing for Lawfare and joined the R Street Institute.
Neither in the testimony, nor in the GOP lawmakers’ letter is it revealed what the investigation is about specifically.
However, in the media storm since the letter was made public, Corn found himself once again in conservative crossfire when his name was brought up in well-worn allegations that Baker slipped him the dossier, containing unverified claims of a Trump-Russia conspiracy, for a story published Oct. 31, 2016. That report from Corn was the first to reveal the existence of the memo, written by ex-British spy Christopher Steele, and the FBI’s interest in Steele’s research.
Citing examples from the Washington Examiner, Fox News, and even Jordan himself, Corn again dismissed the “Baker-Corn-Steele conspiracy theory” that there was an effort in the FBI to subvert then-candidate Donald Trump.
“But none of this hyperbolic yammering was justified, for the leak investigation cited by Levin was not related to the Russia investigation, the Steele memos, or me,” Corn said.
Corn reports that sources familiar with the Durham investigation confirmed that the U.S. attorney’s operation had nothing to do with the dossier or Baker’s interactions with Corn and sources believe that the portion of the inquiry related to Baker had already been completed.
While he could not say whether the Baker investigation had been finished, another former top government lawyer backed up Corn’s reporting that the Durham investigation was not about the dossier.
“Let’s put that speculation to rest. Durham’s investigation had nothing to do with the Russia investigation or the Steele dossier. I have first-hand knowledge of this because, in my former capacity as general counsel to the Office of the Director of National Intelligence, I was interviewed by Durham as part of that investigation,” wrote Robert Litt in a brief blog post on Lawfare.
“I’m not at liberty to disclose what Durham was investigating, but it concerned events that occurred long before the 2016 election and were unrelated to Russia or the dossier,” he added. “Others have reported that Durham has cleared Baker; I have no personal knowledge of that. But I have known Baker for over 20 years. He is a fine lawyer with a punctilious regard for the requirements of the law and a long record of outstanding government service. He doesn’t deserve to have his reputation besmirched by false insinuations made for partisan purposes.”
The letter from Jordan and Meadows makes clear ties between the revelation of Durham’s inquiry to another leak investigation into a former FBI official, ex-FBI Deputy Director Andrew McCabe, and Justice Department official Bruce Ohr, who fed information to the FBI from Steele.
In a follow-up interview on Fox News, Jordan conceded he didn’t know the nature of Durham’s investigation, but did say it “looks like” Baker leaked information “relative” to the Russia investigation and argued the “real news” is allegations of FBI misconduct.