Kevin E. Clinesmith

On June 15, 2017, Clinesmith emailed an other-government-agency (OGA) liaison asking whether Individual #1 was a source. The liaison replied the same day. On June 19, after instant messages with the supervisory special agent who would be the affiant on FISA #4, Clinesmith forwarded a version of that reply with the added words “and not a source.” The statement of offense says the original did not contain those words. Individual #1 is the filing’s term; public reporting identifies that person as Carter Page.

• Jun 15, 2017 — Clinesmith asks OGA liaison whether Individual #1 is a source; liaison replies.
• Jun 19, 2017 — Instant messages with SSA; Clinesmith forwards the altered OGA email.
• Jun 29, 2017 — FISA #4 filed; SSA relied on the altered email (per plea).

One false writing: the altered email. Not a standalone count titled “FISA fraud.” The plea is not a finding that Page committed a crime.

Admitted conduct in the plea; later judgment and Bar discipline rest on this writing.

There were four court-approved FISA applications targeting Individual #1. FISA #4 was approved June 29, 2017, and expired September 22, 2017. Per the statement of offense, the SSA, relying on Clinesmith’s altered email, signed and submitted FISA #4; that application did not include Individual #1’s history or status with the OGA.

• Oct 21, 2016 — FISA #1 approved.
• Jan 12, 2017 — FISA #2; Apr 7, 2017 — FISA #3.
• Jun 19, 2017 — Altered email forwarded to SSA.
• Jun 29, 2017 — FISA #4 approved.

The plea records that the government relied on the altered writing in court papers to the FISC. It does not re-litigate whether the FISC would have denied #4 on a complete record — that is outside this file’s Fact block.

Stood in the plea record. Separate FISC candor remedial work (Misc. 19-02) is on the Boasberg companion file.

On August 19, 2020, Kevin E. Clinesmith pleaded guilty before Judge James E. Boasberg to one count of making a false statement, 18 U.S.C. §1001(a)(3), for altering and using the OGA email. The United States Attorney’s Office (USAO-CT / Durham) announced the plea the same day.

• Aug 19, 2020 — Information / Statement of Offense; guilty plea accepted.
• Dec 3, 2020 — Government sentencing memorandum (Doc. 22) filed.
• Jan 29, 2021 — Sentencing.

DOJ: “FBI Attorney Admits Altering Email Used in FISA Application During ‘Crossfire Hurricane’ Investigation.” Counsel Justin Shur’s regret statement (“Kevin deeply regrets having altered the email…”) appears in contemporaneous news reporting; this site does not host a hearing transcript.

One-count Information. Felony false statement. Not a conspiracy verdict. Not a finding that “Spygate goes higher.”

Plea accepted; judgment followed. No vacatur located for this file.

On January 29, 2021, Boasberg sentenced Clinesmith to 12 months’ probation and a $100 special assessment. Judgment entered February 2, 2021. The government’s sentencing memorandum (Doc. 22) stated a Guidelines range of zero to six months and asked for incarceration at least between the middle and upper end of that range. Boasberg was FISC’s presiding judge from January 2020 through May 2021, including on the day of the sentence — calendar fact.

• Dec 3, 2020 — Government Doc. 22 sentencing memo (0–6 month range; ask for incarceration inside that range).
• Jan 29, 2021 — Sentence: 12 months’ probation + $100 assessment.
• Feb 2, 2021 — Judgment entered.

Government memo: “a sentence of incarceration that is at least between the middle and upper end of the applicable Sentencing Guidelines range is appropriate and warranted” (range zero to six months). News outlets (NPR, Fox) reported 400 hours of community service; that term is widely reported and is labeled reporting here unless located on the judgment PDF.

Probation after a felony false-statement plea. Soft relative to the government’s request for time inside the guideline range. FISC-presiding overlap is dates on a calendar, not a finding of coordination.

Sentence stood; no vacatur located for this file.

On September 2, 2021, the District of Columbia Court of Appeals suspended Kevin E. Clinesmith, Bar Registration No. 984265, from the practice of law in the District of Columbia for one year, nunc pro tunc to August 25, 2020. The negotiated discipline rested on the §1001(a)(3) guilty plea. The Hearing Committee found a serious crime in violation of D.C. Bar R. XI, §10(d), but not moral turpitude; misconduct under Rules 8.4(b) and (c).

• Aug 25, 2020 — Self-reported conviction to Disciplinary Counsel (nunc pro tunc start).
• Aug 11, 2021 — Hearing Committee report approving negotiated discipline.
• Sep 2, 2021 — Court of Appeals order: one-year suspension nunc pro tunc to Aug 25, 2020.

License consequence after the felony plea. One-year suspension backdated so most of it had already run. Later claims that standing was restored are reporting (Just the News / RealClearInvestigations) until a primary restoration PDF is on this file.

This is the D.C. Court of Appeals order. It stood as written.