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22 ¦ DECEMBER 7, 2020 NEWS

¦ From PROSECUTORS on PAGE 21 including his former colleagues, the FBI, the DOJ,
The prosecutors said U.S. District Judge James the court, the public, and his family.”
Boasberg should not give “special treatment or Clinesmith’s case is so far the sole prosecution
consideration” to Clinesmith losing his FBI job. to emerge from an investigation, ordered by U.S.
“Society expects and requires better from attor- Attorney General William Barr, into the origins of
neys and officers of the court, who take the oath to the Russia investigation. Barr revealed on Tuesday
uphold the law and comply with their professional that he had appointed John Durham, the U.S. at-
and ethical obligations,” the prosecutors wrote. torney in Connecticut who has been heading the
Clinesmith was accused of intentionally chang- investigation, as special counsel, positioning him
ing an email to indicate that Page was “not a to remain in place under the incoming adminis-
source” for the CIA, when in fact he had provided tration of President-elect Joseph Biden.
information to the spy agency in the past about Trump pressured Barr to have Durham release a
his interactions with Russian in- report on his investigation ahead
telligence officials. That infor- of Election Day, with the presi-
mation, which might have made dent voicing frustration over
Page appear less suspicious, was what he saw as the slow pace of
not passed on to the secretive the probe. Barr eventually told
Foreign Intelligence Surveillance “Society expects and Republicans that a report would
Court, which has since pressured requires better from not be issued before the election.
the FBI to make reforms to its attorneys and officers
process for seeking national se- of the court, who take Clinesmith is set to be sen-
tenced Dec. 10 by Boasberg, a
curity wiretaps. the oath to uphold the 2011 appointee to the federal tri-

In their own sentencing memo law and comply with al court in Washington, who in
Thursday, Clinesmith’s defense
lawyers said that, although he their professional and January became presiding judge
believed the text he added was of the FISA court.
accurate, he did knowingly doc- ethical obligations,” the After being randomly assigned
tor the email to state that Page prosecutors wrote in
wasn’t a source for the CIA. the case against Kevin to Clinesmith’s case in August,
Clinesmith’s lawyers recom- Boasberg asked prosecutors
Clinesmith in Washington’s and defense lawyers to consider
federal trial court. whether he should recuse him-

mended that the former FBI law- self based on his role on the sur-
yer receive a sentence of proba- veillance court. Boasberg said
tion, saying his “conduct, while that, while he did not feel a need
serious, was an aberration in a to recuse, the FISA court was ar-
life otherwise characterized by guably the victim of Clinesmith’s admitted mis-
hard work, determination, and dedication to the conduct.
service of others.” “I fully believe that my role on the FISC and as
“Kevin Clinesmith made a grievous mistake. By presiding judge does not preclude my fairly pre-
altering a colleague’s email, he cut a corner in a job siding over this case,” Boasberg said.
that required far better of him. He failed to live up Neither side took the step of asking him to step
to the FBI’s and his own high standards of conduct. away from the case.
And he committed a crime,” Clinesmith’s defense ¦

lawyer, MoloLamken partner Justin Shur, said in C. Ryan Barber, based in Washington, covers
the court filing. “Kevin pled guilty and accepts full government affairs and regulatory compliance.
responsibility. He deeply regrets his conduct and Contact him at [email protected]. On Twitter:
apologizes to all those who have been affected— @cryanbarber

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