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NSA “Whistleblower” Attorney Andrew Bakaj Appears on Video Making False Claim About “Underlying Intercept”


Allison Gill is an ally of the Lawfare network and recently sat down for an interview with NSA whistleblower attorney Andrew Bakaj; the same attorney used by former CIA whistleblower Eric Ciaramella.

This interview appears to be taking place after Bakaj revised his statements to The Guardian forcing them to rewrite the central claim of the leak he provided. The Guardian rewrote their article removing the key claim within the intelligence intercept that a foreign intelligence person was in contact with a person close to President Donald Trump.

The revision now states:

[…] “The Guardian reported earlier on Saturday that the phone conversation was between a person associated with foreign intelligence and a person close to Trump, based on Bakaj’s recollection of the complaint, which he confirmed over multiple calls. However, after publication, Bakaj said he misspoke.

He clarified his understanding of the complaint in a statement: “The NSA picked up a phone call between two members of foreign intelligence involving someone close to the Trump White House,” he said. “The NSA does not monitor individuals without a reason.” {citation}

This is not a small “revision,” it is essentially a rewrite of the central component to the whistleblower complaint.  As it is now clarified two foreign people were intercepted talking about a person who knows Donald Trump.  This could be any two foreign people gossiping or talking about anyone who is in the orbit of Donald Trump.  That explains why intelligence analysts reviewed the NSA intercept, disregarded it and said it is hearsay likely just ‘gossip” according to New York Times reporting.

However, that said, Andrew Bakaj then appears on a podcast with Allison Gill during their effort to put traction to the claims, and Bakaj repeats the false statement.  See video at 7:45:

…”So, in the spring of last year there was intelligence that was gathered by an agency that captured, um, activity that was being conducted by someone close to the President.”…



This is the same lie the whistleblower’s attorney Andrew Bakaj told The Guardian; that someone close to the president was a participant in the “activity.” This is demonstrably false through all other reporting.

The complaint alleges two foreign individuals were intercepted talking to each other about a person who Bakaj defines as close to the president, on the subject of Iran.

It could simply be two Germans or Israelis talking about Iran and wondering what Devin Nunes thinks about it.

The entire predicate claim is silly. Foreign officials and foreign intelligence officials talk to each other all the time about Trump and or his people.

This complaint is a fabrication, and the fact that the NSA Whistleblower included the TSSCI material in the complaint, literally outlining who was intercepted talking, is the reason why the complaint could not be shared or circulated without careful guidance by the DNI.

The whistleblower did this on purpose. If the whistleblower wanted to share his complaint with more people, he could have just avoided including the TSSCI aspect.

This is intelligence community Lawfare in action.