The Department of Justice has opened criminal investigations into former CIA Director John Brennan and former FBI Director James Comey for potential wrongdoing related to the Trump-Russia probe, Fox News Digital has learned. (Getty; Reuters)
The full scope of the criminal investigations into Brennan and Comey is unclear, but two sources described the FBI's view of the duo's interactions as a "conspiracy," which could open up a wide range of potential prosecutorial options.
The FBI and CIA declined to comment.
Neither Brennan nor Comey immediately responded to Fox News Digital’s request for comment.
The Brennan investigation comes after Ratcliffe last week declassified a "lessons learned" review of the creation of the 2017 Intelligence Community Assessment (ICA). The 2017 ICA alleged Russia sought to influence the 2016 presidential election to help then-candidate Donald Trump. But the review found that the process of the ICA's creation was rushed with "procedural anomalies," and that officials diverted from intelligence standards.
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CIA Director John Ratcliffe during his confirmation hearing at the Senate Intelligence Committee on January 15, 2025, in Washington. (Andrew Harnik/Getty Images)
Ratcliffe was not surprised by the review's findings, a source familiar told Fox News Digital, given the director's long history of criticizing Brennan's politicization of intelligence. But Ratcliffe was compelled to refer aspects of Brennan’s involvement to the FBI for review of possible criminality, the source said.
The source was unable to share the sensitive details of Ratcliffe’s criminal referral to the FBI with Fox News Digital, but said that Brennan "violated the public’s trust and should be held accountable for it."
The false statements portion of the probe stems from a newly declassified email sent to Brennan by the former deputy CIA director in December 2016. That message said that including the dossier in the ICA in any capacity jeopardized "the credibility of the entire paper."
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Former Director of the U.S. Central Intelligence Agency (CIA) John Brennan testifies before the House Permanent Select Committee on Intelligence on Capitol Hill, May 23, 2017 in Washington, DC. (Alex Wong/Getty Images)
CIA officials at the time of its creation pushed back against the FBI, which sought to include the dossier, arguing that the dossier should not be included in the assessment, and casting it as simply "internet rumor."
Ultimately, Steele’s reporting was not included in the body of the final ICA prepared for then-President Barack Obama, but instead detailed in this footnote, "largely at the insistence of FBI’s senior leadership," according to a review by the Justice Department inspector general, and later, the Senate Intelligence Committee.
But back in June 2020, Ratcliffe, while serving as director of national intelligence, declassified a footnote of the 2017 ICA, which revealed that the reporting of Trump dossier author Christopher Steele had only "limited corroboration" regarding whether then-President-elect Trump "knowingly worked with Russian officials to bolster his chances of beating" Hillary Clinton and other claims.
The footnote, also known as "Annex A" of the 2017 ICA, exclusively obtained by Fox News Digital in June 2020, spanned less than two pages and detailed reporting by Steele, the former British spy who authored the unverified anti-Trump dossier — a document that helped serve as the basis for controversial Foreign Intelligence Surveillance Act (FISA) warrants obtained against former Trump campaign aide Carter Page.
Steele’s reporting, at the time, was commissioned by opposition research firm Fusion GPS and funded by the Clinton campaign and the Democratic National Committee (DNC) through law firm Perkins Coie.
The footnote made clear the internal concerns officials had over that document.
Then-Democratic presidential nominee former Secretary of State Hillary Clinton speaks as then-Republican presidential nominee Donald Trump listens during the town hall debate at Washington University on October 9, 2016 in St Louis, Missouri. (Rick Wilking-Pool/Getty Images)
On July 28, 2016, Brennan briefed Obama on a plan from one of Clinton's campaign foreign policy advisors "to vilify Donald Trump by stirring up a scandal claiming interference by the Russian security service."
Comey, then-Vice President Joe Biden, former Attorney General Loretta Lynch and former Director of National Intelligence James Clapper were in the Brennan-Obama briefing.
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After that briefing, the CIA properly forwarded that information through a Counterintelligence Operational Lead (CIOL) to Comey and then-Deputy Assistant Director of Counterintelligence Peter Strzok, with the subject line: "Crossfire Hurricane."
Fox News Digital exclusively obtained and reported on the CIOL in October 2020, which stated: "The following information is provided for the exclusive use of your bureau for background investigative action or lead purposes as appropriate."
"Per FBI verbal request, CIA provides the below examples of information the CROSSFIRE HURRICANE fusion cell has gleaned to date," the memo continued. "An exchange (REDACTED) discussing US presidential candidate Hillary Clinton’s approval of a plan concerning US presidential candidate Donald Trump and Russian hackers hampering US elections as a means of distracting the public from her use of a private email server."
The FBI on July 31, 2016, opened a counterintelligence investigation into whether candidate Trump and members of his campaign were colluding or coordinating with Russia to influence the 2016 campaign. That investigation was referred to inside the bureau as "Crossfire Hurricane."
Special Counsel John Durham indicated the Department of Justice and FBI "failed to uphold their mission of strict fidelity to the law" when it launched the Trump-Russia investigation. (Ron Sachs/Consolidated News Pictures/Getty Images)
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"Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye," the report continued.
Durham, in his report, said the FBI "failed to act on what should have been—when combined with other incontrovertible facts— a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election."
Meanwhile, the White House wants the Obama-era intelligence officials to be held accountable.
"President Trump was right — again," White House press secretary Karoline Leavitt said in a statement to Fox News Digital. "Those who engaged in this political scandal must be held accountable for the fraud they committed against President Trump and the lies they told to the American people."
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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