It may have just confirmed a key New York Times scoop. 

Well, if the newly released Nunes memo is correct, House Republicans and the Trump administration just confirmed the Times’scoop. In the process, they blew up their core argument against the investigation. The investigation isn’t the fruit of the poisonous dossier (though the dossier did play a role); it existed before the dossier

.. From the beginning of the Russia investigation, it has always been the case that two things could be true at once: FBI agents could have engaged in misconduct (including misconduct motivated by political bias) and the Russia investigation could be legitimate, necessary, and based on information obtained not through Democratic opposition research but through legitimate intelligence-gathering methods.

From the beginning of the Russia investigation, it has always been the case that two things could be true at once:

  1. FBI agents could have engaged in misconduct (including misconduct motivated by political bias) and
  2. the Russia investigation could be legitimate, necessary, and based on information obtained not through Democratic opposition research but through legitimate intelligence-gathering methods.

A Reckoning for the FBI

The House memo reveals disturbing facts about the misuse of FISA.

The memo confirms that the FBI and Justice Department on Oct. 21, 2016 obtained a FISA order to surveil Carter Page, an American citizen who was a relatively minor volunteer adviser to the Trump presidential campaign.

.. The memo adds that former FBI Deputy Director Andrew McCabe told the committee in December 2017 that “no surveillance warrant would have been sought” without the dossier.

.. But the FBI failed to tell the court that Mr. Steele and Fusion were the main sources for that Yahoo article. In essence the FBI was citing Mr. Steele to corroborate Mr. Steele.

.. The FBI retained Mr. Steele as a source, and in October 2016 he talked to Mother Jones magazine without authorization about the FBI investigation and his dossier alleging collusion between Russia and the Trump campaign. The FBI then fired Mr. Steele, but it never told the FISA judges about that either. Nor did it tell the court any of this as it sought three subsequent renewals of the order on Mr. Page.

.. Mr. Steele and Fusion then leaked the fact of the investigation to friendly reporters to try to defeat Mr. Trump before the election. And afterward they continued to leak all this to the press to cast doubt on the legitimacy of Mr. Trump’s victory.

.. No matter its motives, the FBI became a tool of anti-Trump political actors.

.. President Trump should declassify it promptly, along with Senator Chuck Grassley’s referral for criminal investigation of Mr. Steele.

.. note that Democrats aren’t challenging the core facts that the FBI used the dossier to gain a FISA order or the bureau’s lack of disclosure to the FISA judges.

.. As to the claim that the release tarnishes the FBI and FISA court, exposing abuses is the essence of accountability in a democracy.

.. The question of FISA abuse is independent of Mr. Mueller’s work

.. Mr. Trump would do well to knock off the tweets lambasting the Mueller probe

.. Mr. Trump and the White House should consider the remedy of radical transparency.

16 Bombshells in the Nunes Memo the Media Do Not Want You to Know About

  1. Worse still, in the summer of 2016, Obama’s DOJ had already opened a counter-intelligence investigation into the Trump campaign. The fact that nothing from that months-old partisan investigation was used to obtain the Page wiretap is revealing.
  2. According to the Nunes memo, an “essential” part of the FISA wiretap application was the Steele dossier, which again is a partisan political document created for the Clinton campaign.
  3. So essential was this partisan dossier, Andrew McCabe, the disgraced former-Deputy Director of the FBI, admitted in December that “no surveillance warrant would have been sought” without the dossier.
  4. Not only did the FBI knowingly use a document from a partisan campaign to obtain a FISA warrant to spy on the competing campaign, the FBI knew the dossier was mostly “salacious and unverified.” We know this because disgraced former-FBI Director James Comey told us so in June of 2017.
  5. According to the Nunes memo, “Steele told [former FBI official Bruce] Ohr, he ‘was desperate that Donald Trump not get elected and was passionate about him not being president.’”
  6. Ohr, who was part of the FBI’s anti-Trump Russian investigation, was not only friendly with Steele, Ohr’s own wife worked with Steele at Fusion GPS doing opposition research (the dossier) against Trump for the Clinton campaign.
  7. Despite a) knowing the dossier was opposition research paid for by the Clinton campaign b) knowing the dossier was “salacious and unverified” c) knowing Steele was desperate to destroy Trump d) the breathtaking conflict of interest in having an investigator’s own wife working on the dossier, the FBI still went to the FISA court to obtain permission to spy on Hillary Clinton’s opponent.
  8. In order to obtain a warrant to spy on the Trump campaign, all of the conflicts of interest above were withheld from the FISA court — an indefensible (and possibly illegal) lie of omission.
  9. Even worse, in order to legitimize a warrant request based on a piece of partisan opposition research they knew was “salacious and unverified,” the FBI and DOJ used a media report to bolster the findings in the phony dossier. The FBI and DOJ told the court that the media report was independent verification of the dossier. But this was not true, and, according to the Nunes memo, the FBI and DOJ knew this was not true. The truth is that the phony dossier was the source of this media report.
  10. Also hidden from the FISA court was the fact that the FBI obtained Steele as a source but had to fire him in October of 2016 when, in a bid to use his phony dossier to derail the Trump campaign, he leaked his information to the far-left Mother Jones.

The FBI did not tell Congress about Mr. Steele’s connection to the Clinton campaig

.. The memo says the bureau’s intermediary was Justice Department official Bruce Ohr, whose wife, incredibly, worked for Fusion.

  1. All of this dishonesty occurred under Comey, the man our media now hold up as a living saint, a man so desperate to destroy Trump, he not only oversaw those committing the above abuses, he leaked classified information to the news media in order to see a Special Prosecutor appointed against Trump, which his pal, Deputy Attorney General Rod Rosenstein, immediately did.
  2. Much of the “salacious and unverified” material in the dossier came from the Russians. In other words, those disgusting dossier lies about Trump’s personal behavior came from Russian operatives. So there is no question that it was the Clinton campaign, Democrats, Steele, the FBI, and DOJ who colluded with the Russians to rig a presidential election.

Loudest GOP voices ignore Ryan’s lead on Nunes memo, attacking FBI and Justice Dept.

House Speaker Paul D. Ryan tried to walk an impossibly narrow tightrope

.. The memo was merely about the oversight of a very few potentially bad actors in the FBI and Justice Department, the Wisconsin Republican assured reporters Thursday, before its release. “It does not impugn the Mueller investigation or the deputy attorney general.”

.. Less than 24 hours later, the memo was out, and many rank-and-file Republicans disregarded Ryan’s narrow approach. Instead, they directly assailed the reputations of Deputy Attorney General Rod J. Rosenstein and special counsel Robert S. Mueller III along with the overall direction of the federal investigative agencies.

.. “My heart sank,” Rep. Matt Gaetz (R-Fla.) said in a statement alleging a sweeping conspiracy against President Trump. “Not only did it lay bare a systemic pattern of abuse within the FBI and the DOJ, it confirmed my worst fear: America’s free and fair elections were being threatened from within.”

.. A super PAC with ties to the president launched online advertising calling for Rosenstein’s ouster. One Republican suggested that the deputy attorney general should be prosecuted as a traitor.

.. Devin Nunes (R-Calif.), the committee chairman, declined to say whether Rosenstein should be fired and instead accused top FBI and Justice officials of sweeping violations of the law

.. “That’s the type of stuff that happens in banana republics,” Nunes said.

.. To hear Meadows and Jordan, that decision undermined every aspect of the FBI investigation into Trump’s ties to Moscow. “When you look at the facts, everything revolves around a single source. A single source that continued to put it out with multiple people to appear that there were multiple sources,” Meadows told Todd.

.. “This memo is not an indictment of the FBI, of the Department of Justice,” Ryan said.

.. Ryan’s much more narrow approach to the memo stands at odds with how it is viewed by many Republicans. They very much see the memo as a bid to undermine Rosenstein — who signed off on later warrant requests after Trump appointed him last year — and, by extension, to undermine Mueller.

.. Rep. Jeff Duncan (R-S.C.) took an entirely different approach, suggesting the existence of a vast conspiracy because the FBI was trying to thwart the release of the Nunes memo.

“The FBI is right to have ‘grave concerns’ — as it will shake the organization down to its core — showing Americans just how the agency was weaponized by the Obama officials/DNC/HRC to target political adversaries,” Duncan said in a tweet.