A now-declassified Republican memo alleged that the Foreign Intelligence Surveillance Court was duped into approving the wiretap request by a politicized FBI and Justice Department.
.. The Justice Department made “ample disclosure of relevant, material facts” to the court that revealed “the research was being paid for by a political entity,” said one official
.. “No thinking person who read any of these applications would come to any other conclusion but that” the work was being undertaken “at the behest of people with a partisan aim and that it was being done in opposition to Trump,” the official said.
.. “We didn’t put in every fact, but we put in enough facts to allow the court to judge bias and motive and credibility of the sourcing,” said Matthew G. Olsen, former deputy assistant attorney general for national security who oversaw the Justice Department’s FISA program from 2006 to 2009.
.. Robert S. Litt, former general counsel to the director of national intelligence and a surveillance law expert, said, “I don’t find any of the allegations hugely problematic, in part because of the lack of context.”
.. Nunes said that the Page wiretap was “outrageous” and that it was based on “salacious information paid for by a political campaign.”
.. At issue was an application for surveillance on Page obtained in October 2016 under the Obama administration and renewed three times
.. To secure the warrant, the government had to persuade a federal judge there was probable cause to believe that Page was acting as an “agent of a foreign power” and engaged in criminal conduct.
.. “Only very select parts of what Christopher Steele reported related to Carter Page were included within the application, and some of those things were already subject to corroboration.”
.. A potentially damaging allegation is that the FISA application, which was based in part on information from Steele about Page’s July 2016 trip to Moscow, also cited a September 2016 Yahoo News article by reporter Michael Isikoff. “This article,” the memo states, “is derived from information leaked by Steele himself to Yahoo News.”
In other words, the memo alleges the Yahoo News article amounted to circular reasoning.
.. Schiff said the article was not included in the application to corroborate Steele.
.. Kris said it’s more likely that the Justice Department cited the Yahoo News article “to show that the investigation had become public and that the target [Page] therefore might take steps to destroy evidence or cover his tracks.”
Memo’s Release Escalates Clash Over Russia Probe; Trump Says It ‘Totally Vindicates’ Him
Release comes after the FBI expressed ‘grave concerns’ over the accuracy of the document
Mr. Trump, who had to sign off on the memo’s release, has been at odds for much of the past year with several Justice Department leaders having to do with the Russia probe. He fired FBI Director James Comey and publicly criticized his own appointees, including Attorney General Jeff Sessions, over his recusal from the Russia matter, and Deputy Attorney General Rod Rosenstein, who now oversees the investigation by special counsel Robert Mueller.
.. A person who has reviewed the surveillance-warrant application said Mr. Steele’s research formed only a part of the application. The other information included in the application hasn’t been declassified, though Mr. Trump has that authority.
.. “This was about telling a political story that’s helpful to the president. It’s about telling a political story that’s designed to injure the work of the special counsel and to discredit it,” said Mr. Schiff... Democrats on the committee have compiled their own memo on the matter, which addresses the information that prosecutors used beyond Mr. Steele’s research, but the GOP-controlled committee has so far blocked its release... Mr. Page has been on the radar of U.S. intelligence since 2013, when Russian spies made an attempt to recruit him... He left Mr. Trump’s campaign in September 2016 after reports that a July 2016 trip he took to Moscow was of interest to investigators... At least two of those renewals occurred while Mr. Trump was president and at least one was authorized by a Justice Department official he appointed. A person familiar with the matter said that four separate federal judges approved the surveillance of Mr. Page, and all of those judges were appointed by Republican presidents... The memo is critical of Mr. Steele and notes that prosecutors in their application for the warrant didn’t explicitly state that he was working for a firm funded by Democrats. But the FISA application did disclose Mr. Steele was being paid by a law firm working for a major political party .... The bureau considered Mr. Steele a reliable source from previous investigations, having helped provide information during a federal probe into alleged corruption at FIFA, the world soccer organization.. The memo alleges that Mr. McCabe testified before the House Intelligence Committee in December that “no surveillance warrant would have been sought…without the Steele dossier information.”.. Officials in Congress and the Justice Department familiar with Mr. McCabe’s testimony said the memo mischaracterized what he told lawmakers. He was asked what percentage of information in the FISA application was provided by Mr. Steele, and he demurred, saying the FBI didn’t evaluate such applications in such a way. Mr. McCabe was asked if it might have accounted for half of the warrant application, and he said he didn’t know, one person familiar with the matter said... Mr. Trump and other Republicans cheered the buildup to the document’s release, fueled by social-media campaigns, saying it would expose law-enforcement wrongdoing in prosecuting the president... One person close to Mr. Trump said this week that the president believes the memo undermines the credibility of Mr. RosensteinAsked Friday if he had confidence in Mr. Rosenstein, Mr. Trump said: “You figure that one out.”
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:
- 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.
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.