#Durham In Clinesmith docs page 1, Durham says FBI opened a “Foreign Agents Registration Act” case called “Crossfire Hurricane,” July 31, 2016.
FARA is criminal. But when Comey disclosed the probe’s existence in 2017, he emphasized its “counter-intelligence” nature to gather info.
FARA case = criminal investigation = FBI needed probable cause to investigate Flynn and others in the Trump campaign in Crossfire Hurricane.
But they couldn't find any probable cause, so sometime in 2016-2017 they decided to turn Crossfire Hurricane into an "intelligence" operation which gave them more latitude to spy on the campaign without being encumbered by legal barriers.
Comey lied about this to Congress. He emphatically stated Crossfire Hurricane was always an intelligence op, when in fact it started as a criminal FARA investigation.
Typically, the feds were not criminally prosecuting people at the time for simply failing to register. (Tax evasion was something else). People who should have registered were allowed to do so.
When you consider matters like staff structure, procedures (the boring stuff) and workloads, someone in management received a presentation from a subordinate on opening a FARA case investigation. Management approved the opening of the case. It did not have to go up to the Director for approval.
Now you have a case opened and an FBI lawyer altering records and deliberately leaving out information. That individual had to deal with the staff structure which had to review and approve applications for secret court warrants. So, the question becomes whether management deliberately or negligently failed to do the necessary reviews before signing off on secret court warrant applications. This is where the plea bargain and proffer sessions become important.