GOP Memo Criticizing FBI Surveillance is Released (washingtonpost.com)
The controversial four-page memo created by Republican staffers on the House Intelligence Committee alleging abuse of surveillance authority by the Justice Department and FBI has been released Friday after being declassified by the president. The memo is unredacted. (Alternative link for the memo.) The Washington Post: The four-page, newly declassified memo written by the Republican staffers for the House Intelligence Committee said the findings "raise concerns with the legitimacy and legality of certain (Justice Department) and FBI interactions with the Foreign Intelligence Surveillance Court (FISC) calling it "a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process."
The memo accuses former officials who approved the surveillance applications -- a group that includes former FBI Director James B. Comey, his former deputy Andrew McCabe, former deputy attorney general Sally Yates and current Deputy Attorney General Rod J. Rosenstein -- of signing off on court surveillance requests that omitted key facts about the political motivations of the person supplying some of the information, Christopher Steele, a former intelligence officer in Britain. The memo says Steele "was suspended and then terminated as an FBI source for what the FBI defines as the most serious of violations -- an unauthorized disclosure to the media of his relationship with the FBI." The FBI Agents Association on Friday said that agents "have not, and will not, allow partisan politics to distract us from our solemn commitment to our mission." The full statement: The men and women of the FBI put their lives on the line every day in the fight against terrorists and criminals because of their dedication to our country and the Constitution. The American people should know that they continue to be well-served by the world's preeminent law enforcement agency. FBI Special Agents have not, and will not, allow partisan politics to distract us from our solemn commitment to our mission.
The memo accuses former officials who approved the surveillance applications -- a group that includes former FBI Director James B. Comey, his former deputy Andrew McCabe, former deputy attorney general Sally Yates and current Deputy Attorney General Rod J. Rosenstein -- of signing off on court surveillance requests that omitted key facts about the political motivations of the person supplying some of the information, Christopher Steele, a former intelligence officer in Britain. The memo says Steele "was suspended and then terminated as an FBI source for what the FBI defines as the most serious of violations -- an unauthorized disclosure to the media of his relationship with the FBI." The FBI Agents Association on Friday said that agents "have not, and will not, allow partisan politics to distract us from our solemn commitment to our mission." The full statement: The men and women of the FBI put their lives on the line every day in the fight against terrorists and criminals because of their dedication to our country and the Constitution. The American people should know that they continue to be well-served by the world's preeminent law enforcement agency. FBI Special Agents have not, and will not, allow partisan politics to distract us from our solemn commitment to our mission.
This is a great day for the FISA court system, which has been viciously attacked for decades right here on Slashdot.
Now that there's pretty solid evidence that the DNC basically used the DOJ to lie to the FISA courts as part of its campaign... SUDDENLY FISA IS OK! That's because the abuses were against Trump. Just remember, if it had been against a terrorist or an actual foreign spy, that would have been unconstitutional.
But against Trump? Fuck the constitution the ends always justify the means.
Remember, principles should be sacrificed as long as the end result is reinforcing the narrative that OMG TRUMP RUSSIA is true no matter what.
AntiFA: An abbreviation for Anti First Amendment.
Full text (copy/paste from https://www.theatlantic.com/politics/archive/2018/02/read-the-full-text-of-the-nunes-memo/552191/):
January 18, 2018
To: HPSCI Majority Members
From: HPSCI Majority Staff
Subject: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation
Purpose
This memorandum provides Members an update on significant facts relating to the Committee’s ongoing investigation into the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) and their use of the Foreign Intelligence Surveillance Act (FISA) during the 2016 presidential election cycle. Our findings, which are detailed below, 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillance Court (FISC), and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.
Investigation Update
On October 21, 2016, DOJ and FBI sought and received a FISA probable cause order (not under Title VII) authorizing electronic surveillance on Carter Page from the FISC. Page is a U.S. citizen who served as a volunteer advisor to the Trump presidential campaign. Consistent with requirements under FISA, the application had to be first certified by the Director or Deputy Director of the FBI. It then required the approval of the Attorney General, Deputy Attorney General (DAG), or the Senate-confirmed Assistant Attorney General for the National Security Division.
The FBI and DOJ obtained one initial FISA warrant targeting Carter Page and three FISA renewals from the FISC. As required by statute (50 U.S.C. §,1805(d)(l)), a FISA order on an American citizen must be renewed by the FISC every 90 days and each renewal requires a separate finding of probable cause. Then-Director James Comey signed three FISA applications in question on behalf of the FBI, and Deputy Director Andrew McCabe signed one. Then-DAG Sally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more FISA applications on behalf of DOJ.
Due to the sensitive nature of foreign intelligence activity, FISA submissions (including renewals) before the FISC are classified. As such, the public’s confidence in the integrity of the FISA process depends on the court’s ability to hold the government to the highest standard—particularly as it relates to surveillance of American citizens. However, the FISC’s rigor in protecting the rights of Americans, which is reinforced by 90-day renewals of surveillance orders, is necessarily dependent on the government’s production to the court of all material and relevant facts. This should include information potentially favorable to the target of the FISA application that is known by the government. In the case of Carter Page, the government had at least four independent opportunities before the FISC to accurately provide an accounting of the relevant facts. However, our findings indicate that, as described below, material and relevant information was omitted.
1) The “dossier” compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application. Steele was a longtime FBI source who was paid over $160,000 by the DNC and Clinton campaign, via the law firm Perkins Coie and research firm Fusion GPS, to obtain derogatory information on Donald Trump’s ties to Russia.
a) Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele’s efforts, even though the political origins of the Steele dossier were then known to senior DOJ and FBI officials.
b) The initial FISA application notes Steele was working for a named U.S. person,
Apparently the argument boils down to the fact that the accusations in the Steele dossier were cited as a reason to surveil Page, therefore he shouldn't have been surveilled. But it doesn't say what other reasons were cited. One of them could be "Was spotted taking a stack of cash with the note 'FOR ALL THE COLLUSION' on it from head of the KGB" for all we know.
"When information is power, privacy is freedom" - Jah-Wren Ryel
FBI Warns Republican Memo Could Undermine Faith In Massive, Unaccountable Government Secret Agencies
https://politics.theonion.com/...
This release was entirely for the purpose of ANNOUNCING a big thing, TEASING a big thing, then DEBATING it as a black box, then acting as if the release was some big lesson of punishment against those that disagree with the administration.
The actual details don't really matter, so much as they constitute an illusion that they have a big argument, and that for their captive audience on their news sources, they are winning on their terms.
And yes, this is very much how despotic regimes have operated for centuries.
I'm always still more than a little confused why anyone actually plays any of the particular roles in these scenarios though - does Devin Nunes think he's actually serving his own self interest in ANY way, given how basically every other person that has served Trump in this way has ended up over time?
Except for an obvious omission, when Mr Steele went to the FBI about his concerns about Trump Russian connections, the FBI said, Yep we know about already.
I am terribly sorry your crackpot theories are not mainstream.
“Common sense is not so common.” — Voltaire
Republicans are alleging that FISA was abused. If that's true, regardless the reasons or motivations, it only re-affirms what a lot of us were thinking would happen when the warrantless wiretapping program and "unmasking" was made public back in 2005.
Power corrupts, and absolute power corrupts absolutely. If you build a giant surveillance machine with limited checks and balances and without regard for the constitution, things like what the memo alleges are eventually going to occur. It's human nature. What's more disturbing than the memo is that BOTH Democrat and Republican lawmakers allowed this sort of surveillance to proceed. There is no place for a FISA (Secret Courts) in a free society.
The Nunes memo revolves around the assertion that Carter Page's collusion with Russia's spy agency should not have been caught by a FISA warrant.
By the time Carter Page was caught committing treason for the Trump campaign, he had already been caught communicating with and offering help to Russian spies in a completely separate spy ring.
In other words, the Trump / Russia collusion is the second time Carter Page has been investigated in connection to Russian spies he was working for.
Interestingly the Russian spies in the first investigation (1 did prison time, 2 fled to Moscow) thought Carter Page was an idiot who craved money. Watch one of his bumbling television appearances where he incriminates himself multiple times while trying to pretend nothing happened. Really quite amazing spectacle, and you have to conclude the Russians are right about this guy...
No they didn't. Carter Page had been under investigation since 2013. The dossier wasn't even the reason for the warrant.
Carter Page is the lynch pin that will sink Trump and his children and son in law. This memo is a looky loo to turn real criminal infractions by these people into a partisan football where facts do not matter. The Steele Dossier was merely corroborating information. The FISA application is classified so no one can dispute this memo without leaking classified information, means and methods. Trump is the true heir to P.T Barnum. Mueller's team hasn't said anything. What are they afraid of? Criminals know the crimes they committed.
Carter Page was under investigation before even the GOP contracted GPS Fusion.
Ahem -
Fusion in 2015 began investigating Trump under a contract with the Washington Free Beacon, a conservative website financially supported by GOP megadonor Paul Singer. That assignment ended once Trump was on track to win the nomination. But in April 2016, Fusion was hired by the Hillary Clinton campaign and the Democratic National Committee to keep funding the research. (Marc E. Elias, a lawyer representing the Clinton campaign and the DNC, retained the firm.)
https://www.washingtonpost.com/news/fact-checker/wp/2018/01/09/what-you-need-to-know-about-christopher-steele-the-fbi-and-the-dossier/?utm_term=.4f4132d1b442
Carter Page was under investigation before GPS Fusion was contracted by the GOP, which was before Clinton contracted them. FISA warrants were issued for the investigation well before the Steele dossier was even conceived.
You're talking like every word in there is the God's honest truth. The guy who wrote it is a full-fledged climate-change denying Trump supporter. He could easily have written the same nonsense for Breitbart and released it instantly. However, as head of a House committee he was instead able write his partisan screed under its aegis, get it approved on party line votes, then turn around and play like his own committees' rules are some kind of giant conspiracy of silence.
No.
I don't give a flying fuck about Hillary. I never voted for her at any level, and don't care for her at all. Her losing the election is not the part that looks like fascism. Trump trying to remove the independence of the FBI and DoJ and install people who are loyal to him above the nation, the law, or the constitution - that's the part that looks like fascism.
So it seems the FBI/DOJ under Obama used smear information bought from Russian intelligence sources by the Clinton Campaign to justify secretly wiretapping and investigating their political rivals during a presidential election. Did someone say Russian Collusion?
You mean the information originally paid for by the conservative website, The Washington Free Beacon, funded by a major Republican donor, New York hedge fund billionaire Paul Singer, and abandoned once Trump won the Republican nomination? And that the House Intelligence Committee knows this, but doesn't mention it? That one?
The Washington Free Beacon, a conservative website funded by a major Republican donor, first hired the research firm that months later produced for Democrats the salacious dossier describing ties between Donald J. Trump and the Russian government, the website said on Friday.
The Free Beacon, funded in large part by the New York hedge fund billionaire Paul Singer, hired the firm, Fusion GPS, in 2015 to unearth damaging information about several Republican presidential candidates, including Mr. Trump. But The Free Beacon told the firm to stop doing research on Mr. Trump in May 2016, as Mr. Trump was clinching the Republican nomination.
Hillary Clinton’s campaign and the Democratic National Committee had begun paying Fusion GPS in April for research that eventually became the basis for the dossier.
The Free Beacon informed the House Intelligence Committee on Friday that it had retained the firm.
And you're also implying information cannot be legitimate and useful if obtained by the opposition and/or potentially biased actors, and/or this fact isn't disclosed during review? Others, apparently, disagree:
“Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the D.N.C., Clinton campaign, or any party/campaign in funding Steele’s efforts, even though the political origins of the Steele dossier were then known to senior D.O.J. and F.B.I. officials,” said the memo, which was written by committee staffers.
That assertion is “potentially problematic,” said David Kris, a FISA expert and former head of the Justice Department’s National Security Division in the first term of the Obama administration.
If the warrant applications did disclose that Mr. Steele’s research was funded by people who were opposed to Mr. Trump’s campaign, even if it did not name the D.N.C. or the Clinton campaign, then the applications “would be fine,” he said, and the author of the memo and those who backed its release are trying to mislead the American people.
This is all political theater by Republican Congressman Nunes, who once worked for the Trump campaign (you know, the people being investigated), to distract people from, and discredit, the Trump/Russia investigation.
It must have been something you assimilated. . . .
What I think everybody is missing here is that the only reason we don't have the complete story is because they created a special court so they could keep their investigations secret. And now, we are getting one side of the story, formulated by friends of the administration, and because of the FISA court's sealed records, we are unable to get the other side of the story.
If ever there were absolute proof that secret court proceedings are a fundamental threat to democracy, THIS IS IT RIGHT HERE. We absolutely MUST dissolve the FISA court and do so through a constitutional amendment to make it clear that such shenanigans must never be used again. There is no greater threat to our democracy than public officials who cannot be held accountable by the people, whether those officials are members of the White House, members of the FBI, or anybody else.
Check out my sci-fi/humor trilogy at PatriotsBooks.
FFS, even Paul Ryan is requesting that the Democrat's rebuttal memo be released!
But in addition, I bet that they had additional evidence on Page that they didn't really want to write up in their FISA application. The ties with Russia are apparently so deep on the Friends of Trump side that I'm sure they probably had a few arrows pointed at him from other sources. For all we know, it might have stemmed from intelligence sharing between the NSA and FBI, where the NSA wasn't able to give them the full details, or at least not down to the level of the people investigating people like Page.
Potential political corruption and abuse if the boss says, "Find something on this guy, anything."? Quite possibly. But also possibly, "We have a smoking gun that we can't reveal, lets find another way to get this guy." And that might be totally legitimate due to a spying operation that it would reveal, or a source that it would compromise that could be used to nab even bigger fish.
This isn't exactly normal police work when you're dealing at this level.
Velociraptor = Distiraptor / Timeraptor
The FBI and DOJ are part of the Executive Branch, but they were created by act of Congress (a very early one in the case of the DOJ) and have responsibilities assigned by Congress. They are not simply supposed to simply obey the President's orders. They are supposed to discharge their duties as assigned by Congress.
The government is not set up as a business, and the President doesn't really have the authority many people seem to think he does.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes