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In a five-page referral letter dated today, Jordan argues that Brennan's sworn May 11, 2023 testimony conflicted with declassified records the committee says now show the dossier was not only reviewed by the CIA but also included - via an annex - in the intelligence community's assessment. The letter invokes 18 U.S.C. § 1001, which makes it a crime to "knowingly and willfully" make materially false statements to Congress.
To wit - Brennan told lawmakers that "the CIA was not involved at all with the dossier" and that the agency was "very much opposed to having any reference or inclusion of the Steele dossier in the Intelligence Community Assessment." But Jordan's letter points to what it calls "Annex A" of the Intelligence Community Assessment (ICA), which it describes as a "two-page annex summarizing the Steele reporting" and drafted "in coordination with the [FBI]" under a joint decision by the CIA and FBI.
The broader context brings into focus the 2017 ICA, released Jan. 6 under the auspices of the Director of National Intelligence, concluding that Russia interfered in the 2016 U.S. presidential election and developed a preference for Donald Trump. Earlier reviews by the Senate Intelligence Committee and the Justice Department's inspector general found that the dossier was included in a classified annex to the ICA - not in its main body - and that while the FBI and CIA debated how to handle it.
Jordan claims that the dossier's language is contained in the main body of the ICA and that Brennan personally overruled CIA analysts who raised concerns about the dossier's reliability - quoting an internal exchange attributed to Brennan in which he allegedly asked, "Yes, but doesn't it ring true?"
According to Brennan: "my bottomline is that I believe that the information warrants inclusion in the report."
The referral calls Brennan's lies "material" and part of a "pattern of Brennan's willingness to lie to Congress" - pointing to Brennan's earlier 2017 House Intelligence Committee appearance in which he said, "the dossier was not in any way used in the Intelligence Community Assessment" (a statement the letter says lies outside the statute of limitations but is relevant context).