Bureau Tried to Hide Embarrassing Details, Not National Security Secrets PPSA has obtained proof that the FBI heavily redacted a document about the discredited Steele report not for national security purposes, but to avoid political embarrassment. Comparing two releases of the same document, it is clear that the FBI initially violated Executive Order 13526, issued by President Obama in 2009 to promote declassification. This presidential order expressly prohibits agencies from using classification to “conceal violations of law, inefficiency, or administrative error” or to “prevent embarrassment to a person, organization, or agency.” The FBI also violated the Freedom of Information Act (FOIA), which allows redactions for national security, to prevent exposure of personal privacy and to restrict exposure of interagency communications. Again, the law doesn’t allow redactions to hide missteps and mistakes. When we received the FBI’s initial response to our FOIA request about the Carter Page case in October 2024, the report was almost entirely redacted (blocked out). This document concerned the FBI’s interview of former British MI-6 agent Christopher Steele, founder of London-based Orbis Business Intelligence. That interview, or “302” as it is known in FBI parlance, concerned the origin and uses of the report that Steele produced for the Hillary Clinton campaign. This Steele report did double duty, since it was also used by the FBI to secretly justify four secret surveillance orders of Trump campaign aide Carter Page before the Foreign Intelligence Surveillance Court. Through Page, the Trump campaign and perhaps the candidate himself were subject to FBI surveillance for alleged “Russian interference.” But after PPSA explained that it planned to challenge these redactions in court, the FBI updated its release, removing nearly all redactions and showing that the earlier redactions were plainly unlawful. The largely unredacted version shows instance after instance in which there is no apparent reason to redact material in the original response except to save the FBI embarrassment. For example, the 302 document explains why Steele defied FBI orders and took his report, which alleged that candidate Donald Trump was compromised by Russian intelligence, to the press while the FBI was secretly presenting it as evidence to the secret FISC court.
Another set of formerly redacted material shows how Steele cooperated with Obama Justice Department official Bruce Ohr to seed the Steele report with the national press before the 2016 election. The FBI interview also details pressure that Fusion GPS put on Steele to share his “intelligence” with Mother Jones magazine. The full 302 report highlights how Steele sold the FBI on the notion that former Trump attorney Michael Cohen went to Prague, ostensibly to meet with Russian handlers. This contention was later rejected by the special investigative report signed by special counsel Robert Mueller.
It is easy to understand why the FBI would want to withhold these embarrassing details, including that it predicated an investigation of a presidential candidate and campaign on a bunch of bar jokes. But none of these redactions covered anything remotely resembling matters of national security or any other legitimate reason to redact a response to a lawful FOIA request. It is, however, a sign of the times that this FBI was willing to be so forthcoming on its second response to our FOIA request. Let’s hope that this new spirit of openness and obedience to the law prevails in future FOIA responses. A copy of the FBI’s two FOIA responses are listed below for you to compare. Comments are closed.
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