The Dud

 Posted by at 1:25 pm  Politics
Feb 032018
 

The Republican Party are desperate to cover up the treason committed by Donald Trump.  For the last week they have been crowing about how the memo they were about to release would clear Trump and demonstrate how the investigation into criminal Republican cooperation with the Russian government is a scam.  I was actually concerned, not that it might be true, but that the lies might be problematic. I forgot to take GOP incompetence into account.  I now call that memo, the dud.

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The release on Friday of a highly controversial memo that claims surveillance abuse on the part of the FBI and the Department of Justice has Republicans and Democrats at each other’s throats.

While Republicans say the document, which was compiled by embattled House Intelligence Committee chairman Devin Nunes, is clear evidence of partisan bias at the DOJ and the FBI, Democrats say it contains significant omissions and inaccuracies that mischaracterize the intelligence community’s work.

Addressing the memo’s release on Friday, President Donald Trump said, "I think it’s a disgrace what’s happening in our country."

But as far as its material claims go, the memo was underwhelming to legal experts and former intelligence officials… [emphasis added]

From <Business Insider>

Don’t take my word for it.  Decide for yourselves.  Here is the dud in its entirety.

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

GOP-ShitOn 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, but does not name Fusion GPS and principal Glenn Simpson, who was paid by a U.S. law firm (Perkins Coie) representing the DNC (even though it was known by DOJ at the time that political actors were involved with the Steele dossier). The application does not mention Steele was ultimately working on behalf of—and paid by—the DNC and Clinton campaign, or that the FBI had separately authorized payment to Steele for the same information.

2) The Carter Page FISA application also cited extensively a September 23, 2016, Yahoo News article by Michael Isikoff, which focuses on Page’s July 2016 trip to Moscow. This article does not corroborate the Steele dossier because it is derived from information leaked by Steele himself to Yahoo News. The Page FISA application incorrectly assesses that Steele did not directly provide information to Yahoo News. Steele has admitted in British court filings that he met with Yahoo News—and several other outlets—in September 2016 at the direction of Fusion GPS. Perkins Coie was aware of Steele’s initial media contacts because they hosted at least one meeting in Washington D.C. in 2016 with Steele and Fusion GPS where this matter was discussed.

a) 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 in an October 30, 2016, Mother Jones article by David Corn. Steele should have been terminated for his previous undisclosed contacts with Yahoo and other outlets in September—before the Page application was submitted to the FISC in October—but Steele improperly concealed from and lied to the FBI about those contacts.

b) Steele’s numerous encounters with the media violated the cardinal rule of source handling—maintaining confidentiality—and demonstrated that Steele had become a less than reliable source for the FBI.

3) Before and after Steele was terminated as a source, he maintained contact with DOJ via then-Associate Deputy Attorney General Bruce Ohr, a senior DOJ official who worked closely with Deputy Attorneys General Yates and later Rosenstein. Shortly after the election, the FBI began interviewing Ohr, documenting his communications with Steele. For example, in September 2016, Steele admitted to Ohr his feelings against then-candidate Trump when Steele said he “was desperate that Donald Trump not get elected and was passionate about him not being president.” This clear evidence of Steele’s bias was recorded by Ohr at the time and subsequently in official FBI files—but not reflected in any of the Page FISA applications.

a) During this same time period, Ohr’s wife was employed by Fusion GPS to assist in the cultivation of opposition research on Trump. Ohr later provided the FBI with all of his wife’s opposition research, paid for by the DNC and Clinton campaign via Fusion GPS. The Ohrs’ relationship with Steele and Fusion GPS was inexplicably concealed from the FISC.

4) According to the head of the FBI’s counterintelligence division, Assistant Director Bill Priestap, corroboration of the Steele dossier was in its “infancy” at the time of the initial Page FISA application. After Steele was terminated, a source validation report conducted by an independent unit within FBI assessed Steele’s reporting as only minimally corroborated. Yet, in early January 2017, Director Comey briefed President-elect Trump on a summary of the Steele dossier, even though it was—according to his June 2017 testimony—“salacious and unverified.” While the FISA application relied on Steele’s past record of credible reporting on other unrelated matters, it ignored or concealed his anti-Trump financial and ideological motivations. Furthermore, Deputy Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.

5) The Page FISA application also mentions information regarding fellow Trump campaign advisor George Papadopoulos, but there is no evidence of any cooperation or conspiracy between Page and Papadopoulos. The Papadopoulos information triggered the opening of an FBI counterintelligence investigation in late July 2016 by FBI agent Pete Strzok. Strzok was reassigned by the Special Counsel’s Office to FBI Human Resources for improper text messages with his mistress, FBI Attorney Lisa Page (no known relation to Carter Page), where they both demonstrated a clear bias against Trump and in favor of Clinton, whom Strzok had also investigated. The Strzok/Lisa Page texts also reflect extensive discussions about the investigation, orchestrating leaks to the media, and include a meeting with Deputy Director McCabe to discuss an “insurance” policy against President Trump’s election.

Rachel Maddow demonstrates that the dud actually undermines its stated purpose.

It says that investigation into Papadopoulos, not page set off the FBI Russia investigation.

Furthermore the FBI has been investigating Page as a Russian agent since 2013, long before the Steele Dossier.

Needless to say, Republican pundits are shouting from the rooftops that the dud isn’t a dud.  Get the truth out.

RESIST THE REPUBLICAN REICH!!

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  12 Responses to “The Dud”

  1. It appears the best part of this is all the “Yo memo” jokes is has spawned.  “Yo memo is so dumb that Eric Trump got higher SAT scores than it did/”  “Yo memo is such a disappointment it could be another Trump son.”  Don’t take my word for it – they are all over Twitter, and all over articles at Raw Story, Daily Kos, and probably other places.

  2. Great article, Tom.It is a dud, and it’s backfired way back!

    Meanwhile, in Fresno, Fresno County Deputy District Attorney Andrew Janz (D), has stepped up to beat Nunes in the Nov. midterms. He’s taken in $100,000 between today and yesterday for his campaign.WooHoo !!!!

  3. Let us hope that the memo backfires against the Rethuglicans in the worst way possible!

  4. Vindicated?  VINDICATED???

    Sorry, Donny – but I agree with Rep. Adam Schiff: Just the Opposite! 

    That Nunes Memo you & your White House hooligans actually co-authored – & republican minions who having been trying to hype it – is so pathetic, I have NO doubt it’s going to coming back and bite you in your ass!

    • He has to be thinking of a “fruit of the poisoned tree” defense. (This from the party that has been living on that fruit in their own interests since before the courts even put it into words, but I digress.)  But despite the memo’s claim that the tree is poisoned, in fact every one of those warrants was justified and legal, making the tree so wholesome that the fruit would probably put Republicans into anaphylactic shock.

  5. I have ben on the verge of feeling optimistic, if this is the quality of the “defense” these bozos can mount!

  6. Rachel ends on The Dud with: “What a fiasco, what an embarrassment.” and that sums it up perfectly.
    Nunes made a desperate attempt to “adapt” an existing memo to clear Drumpf once and for all and bring Mueller’s investigation to a screeching halt, but did it so badly that it now proves the opposite. The FBI and DOJ seeking a FISA for Carter Page was completely legal and above board, but it were in fact Paul Ryan and the White House who meddled in the continuation of these FISA and told Page about it in October as is obvious from his interview with Chris Hayes.

    But this also gives me pause to wonder if the venom of this Dud isn’t in its tail. Carter Page is without doubt a Russian agent of some sorts and I’m sure the FBI have also investigated his dealings with Drumpf when he was a senior member of Drumpf’s campaign. The fact that Drumpf and his minions tried denying even knowing Page when the news of him being investigated came out, speaks for itself. It is unclear if Page is important in the case Mueller is putting together, most likely for everyone including Drumpf and the GOP, and declassifying information on Page’s investigation in the memo might be a way of prohibiting Mueller from using Page against Drumpf preemptively.
    Is anyone versed enough in American legal matters to know if declassifying this information and going public with it would compromise Mueller’s investigation in any way?

  7. “The memo” is DOA (dead on arrival) based on the excellent analysis by Rachel.

    From The Hill: Trump says memo release ‘totally vindicates’ him in Russia probe.  I don’t think he read the thing because it does the opposite.  There have been allegations for what seems weeks that Nunes altered the memo leaving out salient points and leaving in a critical sentence near the end.  Such incompetence!!!

    From The Hill : Drumpf: “… I think it is a disgrace. … But I think it is a disgrace what is happening in our country, … a lot of people should be ashamed of themselves and much worse than that. … a lot of people should be ashamed.”

    The only ones that should be ashamed are Drumpf and Republicans who have tried to sell this elephant shit to the country.  Vindication?  Only in Drumpf’s reality, or is that dreams.  Drumpf and Republicans need to be brought down hard, harder than a WWF body slam!

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