January 1, 2003: An FBI agent is charged with gross negligence but pleads guilty to lesser charges.

030101JamesJSmithAP

Ex FBI agent James J. Smith (Credit: The Associated Press)

James Smith is an FBI agent for more than 20 years, running counterintelligence operations against Chinese spies. In 2003, three years after retiring from the FBI, he is arrested by the FBI and charged with gross negligence. He had a sexual relationship with a longtime source, Katrina Leung. He is alleged to have carried classified documents in a briefcase and sometimes left the case open and unattended while he visited her. Leung was believed to be a double agent working for the Chinese government but loyal to the FBI. However, she copied some of the documents, which were found in her safe. Smith is also charged with wire fraud for submitting false reports on Leung’s activities as an FBI asset.

030101KatrinaLeungUSNewsWorldReport

Katrina Leung makes the front cover of U.S. News & World Report on November 2, 2003. (Credit: public domain)

The original charges against Smith are later dropped in a plea deal whereby he pleads guilty to a single felony count of making false statements by failing to mention his affair with Leung. He is sentenced to three months of home confinement, three years of probation, and a $10,000 fine. It is alleged there was no damage to national security because the classified information never got further than Leung when she was arrested at the same time he was.

Leung is charged with obtaining and keeping classified documents in violation of the Espionage Act, but without an explicit charge of espionage. She also strikes a plea deal, pleading guilty to making a false statement and filing a false tax return. She is sentenced to probation.

In July 2016, FBI Director James Comey will announce he is not going to charge Clinton with gross negligence, claiming only one other person, Smith, has been charged with it in 100 years. (Politico, 7/7/2016)

2003—2007: Giustra meets with Bill Clinton and Colombian President Alvaro Uribe, then wins lucrative business deals in Colombia.

Bill Clinton gives the thumbs up to Alvaro Uribe in Bogota, Colombia, June 2010. (Credit: Getty Images)

Bill Clinton gives the thumbs up to Alvaro Uribe in Bogota, Colombia, June 2010. (Credit: Getty Images)

Canadian mining financier Frank Giustra formed a company called Pacific Rubiales Energy Corp. for business in Colombia. From 2005, former President Bill Clinton arranges a series of meetings between Giustra and Colombian President Alvaro Uribe, in which Clinton is frequently present. In 2007, Clinton even meets Uribe and Giustra at the Clintons’ home in Chappaqua, New York. Also in 2007, Pacific Rubiales signs a $300 million deal to build a pipeline in central Colombia, gains control of Colombia’s largest oilfield, and acquires the right to cut timber in a biologically diverse Colombian forest. Giustra will later insist that was purely coincidental, and he has traveled frequently with Bill Clinton without business deals. (Clinton has flown for free on Giustra’s private jet at least 25 times.) But Bloomberg News will later note, “Giustra’s globe-trotting adventures with Bill Clinton have coincided with lucrative business deals.”

In 2007, Giustra and Bill Clinton cofound a Canadian offshoot of the Clinton Foundation called the Clinton Giustra Enterprise Partnership (CGEP). It will later be alleged that this is a “slush fund” allowing foreigners to donate money indirectly to the Clinton Foundation in the hopes of getting favorable treatment from the Clintons.

In 1991, the US Defense Intelligence Agency (DIA) issued a secret intelligence report showing that Uribe “worked for the Medellin [drug] cartel” and is “a close personal friend of Pablo Escobar Gaviria,” the notorious drug lord. Uribe continues to be linked to a variety of scandals and human rights abuses during his presidency. (Harper’s Magazine, 11/17/2015(The New York Review of Books, 1/30/2016) (The Wall Street Journal, 2/14/2008)