The constant drip of leaks prior to the Nunes memo’s release has had the twin functions of desensitizing the public to the news in it, thereby reducing its shock value, and of allowing those who want to minimize it to say there’s no there there. To a certain degree this approach has been very successful with liberals and the left. You can see the evidence all around the blogosphere as commenters fan out to spread the word that there’s nothing of import in the memo.
And this from the same people who said the memo was so full of leaks of classified information that its release would jeopardize national security. Since the memo actually contained nothing of the sort, that argument has dissipated as though it never happened. No one is forced to answer for the misrepresentation. Now we’re just on to the next thing.
Maybe my memory is playing tricks on me, but my recollection is that everyone except the most extreme wings of both parties used to be in agreement that, if allegations such as those in the Nunes memos were true, it would constitute a grave and dangerous misuse of the FISA court system by the FBI. Very few people would buy the idea that the offenses themselves were unimportant. But that seems to be at least part of the present-day atmosphere, a kind of blase shrug of the shoulders. The outrage is all on one side, and perhaps if the parties were reversed it would be all on the other side (although in Watergate days there was plenty of outrage on the part of Republicans, which is what actually propelled Nixon’s resignation).
It is indeed ironic, deeply ironic, that the FISA court system that was set up in the wake of Watergate has allegedly been abused by a political party seeking to harm a political rival:
The Foreign Intelligence Surveillance Act (FISA) was introduced on May 18, 1977, by Senator Ted Kennedy and was signed into law by President Carter in 1978…
The FISA resulted from extensive investigations by Senate Committees into the legality of domestic intelligence activities. These investigations were led separately by Sam Ervin and Frank Church in 1978 as a response to President Richard Nixon’s usage of federal resources to spy on political and activist groups. The act was created to provide judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the United States, while maintaining the secrecy needed to protect national security.
But virtually any institution can be compromised. Whether that happened and exactly to what extent it happened in the case of the FBI, Carter Page, the FISA court, and the Steele dossier remains to be seen. The value of the Nunes memo is that it sets up the charges, and those charges are serious and merit further investigation and further disclosure of information. The whole thing may end up being a tempest in a teapot as more facts emerge, but at the moment it is—and should be—a big effing deal, as Joe Biden might say if the shoe were on the other foot.
Today there’s a lot of talk about whether or not the FBI may have actually given the FISA court some of the information about the funding behind the Steele dossier. Like so many reports, this one was made by anonymous sources (“two U.S. officials familiar with the matter”), and we have no idea if it’s true or not and no idea what the FBI actually said. For what it’s worth, though, here’s the story:
The Justice Department may have told a court of the political origins of an opposition research dossier that formed part of the application for a warrant to surveil a former Trump campaign adviser.
The Washington Post reported Friday that Justice Department officials made “ample disclosure of relevant, material facts” to the court that a political entity provided financial backing for the research, though they did not name Hillary Clinton’s presidential campaign or the Democratic National Committee (DNC).
We don’t know what the FISA application actually said–we don’t know whether it said anything of the sort, because we haven’t seen it, and we don’t even know who those anonymous “officials familiar with the matter” are, how reliable they are, or how they came by that familiarity. We can certainly assume that they didn’t show the FISA application to the WaPo reporter writing the story, or that would have been stated.
But let’s accept for the sake of argument that the FISA application did include an indication that some “political entity” had backed the dossier. The FISA court certainly would not have assumed that it was actually the DNC and the Clintons who were that entity or entities. Remember, among other things, that many Republicans were very anti-Trump, and that the MSM originally reported that the Steele dossier was funded by Republicans. There are a lot of political entities in the world, some big and some small, major and very minor. The DNC and Clinton were among the biggest fishes of all, and the most suspect in terms of their motives. The FISA court was unaware they were the funders of the dossier, although the FBI was well aware of it.
What did the Nunes memo actually state regarding this?:
a) Neither the initial [FISA] 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 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.
If the unnamed “officials” are correct and the FISA application said that “a political entity” helped fund the dossier, is this contradicted by the Nunes memo? The memo states that the FISA application failed to disclose that the dossier funding was provided by “DNC, Clinton campaign, or any party/campaign.” Those three things—the DNC, the Clinton campaign, and a party/campaign are certainly all “political entities,” but “political entity” is a much broader term that encompasses a lot of other things. So if the report of the unnamed “officials” is true then no, the FBI still didn’t disclose those things specifically, it only stated a much more general fact (“political entity”) although it knew the specifics (DNC and Clinton) at the time. So yes, the FISA court would have known that politics was somehow involved, but virtually nothing else.
There’s also this:
Nor was the court informed that the dossier’s author, former British spy Christopher Steele, told a senior Justice Department official that he was “desperate” to prevent Trump from being elected president.
Moreover, despite presenting dossier information as probable cause on four separate occasions ”” for the initial FISA warrant in October 2016, and three times in the ensuing months ”” the FBI failed to verify the dossier’s explosive allegations and failed to inform the court that its efforts to corroborate the allegations had been unavailing. Indeed, the memo relates that the government once presented a news story to the court as corroboration for Steele’s claims, apparently unaware that Steele himself was the source for the news story.
These are also shocking facts—that is, they should be shocking to everyone concerned with the rule of law. Apparently, they’re not shocking to a lot of people.
And there’s more that’s shocking, or should be:
Obviously, the obscure Page was not the main target of the investigation. What animated the government was the possibility of Russian collusion with the Donald Trump presidential campaign. It is also what animated Steele in crafting the dossier. Yet, the Intelligence Committee’s memo notes former FBI director James Comey’s acknowledgement in June 2017 Senate testimony that these dossier allegations were “salacious and unverified.”
It appears that they always were. The FBI’s assistant director Bill Priestap told the committee that efforts to corroborate Steele were in their “infancy” when the first warrant was sought.
So the problem is not just what the FBI may have presented to the FISA court. The problem is also what the FBI knew and when they knew it, and what their motive was for deciding to go ahead and seek the warrant anyway.