• Oh Hell Yes the Nunes Memo Matters (But Not Why You Think It Does)

    February 10, 2018

    Tags: , , , ,
    Posted in: Democracy, NSA, Post-Constitution America, Trump

    California Congressman Devin Nunes’ memo details how the Department of Justice secured a FISA warrant to surveil former Trump campaign adviser Carter Page. Many feel the memo raises questions about bias inside the FBI, and the legal and ethical use of a Trump opposition research dossier as justification for a FISA warrant. Others claim the memo is irrelevant, a dud.

     

    When you wave away all the partisan smoke, what is deeply worrisome is the Nunes memo confirms American intelligence services were involved in a presidential campaign and remain so in the aftermath. No more conspiracy theories. So forget what you “agree” with, and focus on what happened during the 2016 campaign.

    The FBI conducted an investigation, the first ever of a major party candidate in the midst of a presidential battle, and exonerated Hillary Clinton of wrongdoing over her private email server, a government-endorsed “OK” for her expected victory. No real investigation was conducted into the vast sums of money moving between foreign states and the Clinton Foundation, dead-ending those concerns to partisan media.

    A month before voting the Obama administration accused the Russian government of stealing emails from the Democratic National Committee. The director of national intelligence, James Clapper, said the leaked emails (which reflected poorly on Clinton) “are intended to interfere with the U.S. election process.” The FBI swung again and said well maybe there was something to see in Clinton’s emails, buried on Anthony Weiner’s laptop. The CIA/NSA meanwhile leaked like cheap diapers throughout the campaign. Trump owes money to Russia. Trump’s computers communicate with Russia. The Russians have sexy kompromat on Trump. That the newly-elected president is literally a tool of Russian intelligence became a common element in the national conversation (John McCain on the Nunes memo release: “We are doing Putin’s job for him.”)

    Leave aside the question of what in all of the above is actually true. Maybe Clinton’s private email server exposed no secrets. Maybe Trump’s real estate ventures have dirty Russian money in them. Or maybe not, it is doubtful any of us will ever know. What is important is each of those actions by the intelligence community affected the course of the election. They may not have always shifted votes in the intended way, or there theoretically may have been no intention per se, but the bare naked fact is unlike any previous presidential election the intelligence community played an ongoing public role in who ended up in the White House, and now, for how long the elected president remains there.

     

    And of course the intelligence community was deep in the Steele dossier, the focal point of the Nunes memo. Christopher Steele is a former British intelligence officer with a long history of close work with his American counterparts. He was commissioned first by a conservative website to develop dirt (“opposition research”) on candidate Trump. Funding swiftly shifted to Clinton surrogates, who saw the thing through to being leaked to the FBI. Steele’s product, the dossier, is a collection of second-hand gossip, dangling suggestions of entanglements between Trump and shadowy Russians, and of course, the infamous pee tape. Nothing in the dossier has been confirmed. It might all be true, or none of it. We will likely never know.

    The FBI nonetheless embraced the dossier and morphed it from opposition research into evidence. Per the Nunes memo, the Steele dossier, and a “collaborating” article actually derived from the same information leaked by Steele to the author, then became part the legal justification for a FISA surveillance warrant issued against Trump associate Carter Page. A product of unclear reliability created and promoted via the opponent’s campaign abetted by the western intelligence community justified the demand to spy on Trump campaign associate Carter Page.

    Much will be made of how influential, or not, the Steele dossier was in obtaining the original FISA warrant, and whether or not its use was legal at all. The Nunes memo states recently “retired” FBI No. 2 Andrew McCabe confirmed no FISA warrant would have been sought without the Steele dossier; McCabe denies saying that during still-classified and still-unreleased testimony. Senior DOJ officials knew the dossier’s politics but left that information off their FISA application. Does any of that matter?

    We will never know. The Foreign Intelligence and Surveillance Act court works in secret. The standards are secret, the results and decisions are secret. None of us knows what matters to a FISA judge in rendering a decision to spy on an American campaign associate. Someone can release the so-called “underlying documents” (they’re typically dozens of pages long) DOJ used for the FISA application but without knowledge of FISA standards, those documents won’t be of much help. The apparatus of spying in America, including the FISA court, is widely supported and authority to spy was just extended with support from both parties.

    If you want to assert the FISA warrant on Page was apolitical, issued only to collect on his possible role as a Russian agent, and no strategy, financial, or campaign information was collected, or that if it was it was simply discarded, well, that’s a beneficent view of human nature, never mind a bizarrely generous level of trust in government. Yet even if the intent was righteous and the people involved lawful, the information is stored. Which person or agency has control of it today is not necessarily who will control it in the future; information is forever.

     

    Remember, too, the Nunes memo addresses only one FISA warrant on one person from October 2016; investigations into Trump, et al, had been ongoing well before that. We do not know, for example, what information formed the basis of the July 2016 investigation into Trump staffer George Papadopoulos the Nunes memo mentions; it may have been passed from the Australians via U.S. intelligence. Michael Flynn’s conversations with Russian persons were “inadvertently” monitored and later “unmasked” (and leaked) by Obama administration officials. Jeff Session’s conversations with the Russian ambassador were collected and leaked. The Nunes memo tells us then-Associate Deputy Attorney General Bruce Ohr unofficially funneled additional material from Steele into DOJ; Ohr’s wife worked for the company that first commissioned the dossier. As yet unsubstantiated reports say Trump officials were monitored by British GCHQ with the information shared with their NSA partners, a common arrangement on both sides to get around domestic laws limiting such work on one’s own citizens, such as when a FISA warrant can’t be obtained, or one does not want to leave a paper trail.

     

    If you’re fine with the U.S. government using paid-for opposition research to justify spying on persons connected to presidential campaign staff, then nothing further I can write will help you understand how worrisome this disclosure is. Except maybe this. Switch the candidate’s name you hate with the one you like. That means President Trump surveilling staff from the Elizabeth Warren or Bernie Sanders 2020 campaign after a dossier commissioned by the Republican party links them to China. You’d trust Trump, and every future president, with that, right?

    The involvement of the intelligence community as in the 2016 presidential campaign, clumsy and disorganized as it appears to have been, will be part of the next election, and the ones after that. If you’re in search of a Constitutional crisis, it lies waiting there. After all, when we let George W. Bush create, and Barack Obama greatly expand, the surveillance state, what did we think it would come to be used for?

     

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    Copyright © 2018. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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  • Recent Comments

    • John Poole said...

      1

      I’ll take issue with one assumption. My guess is the FBI was “meddling” in probably all previous elections. It is foolish to think that a “public servant” can be neutral and unbiased in carrying out their duties. Humans aren’t built that way.

      02/10/18 11:21 AM | Comment Link

    • Rich Bauer said...

      2

      And IF all this is a big nothingburger, why is Trump afraid of any investigation?

      02/10/18 4:01 PM | Comment Link

    • Rich Bauer said...

      3

      The FBI – the federal bureau of interference- interfered in the election when Comey raised the Hillary email investigation the month before the election. It had a bigger influence on the swing voters than any Russian email conspiracy. No doubt the FBI will find a way to interfere in the next election. At least it is consistent.

      02/10/18 4:07 PM | Comment Link

    • Kay Weir said...

      4

      Thanks for the brilliantly clear article on The Nunes Memo Matters. It certainly is extraordinary that US “intelligence” services have got so out of control that they are interfering in America’s elections and politics in a way that undermines the very basis of democracy and the US presidency. It can only continue to get worse and is as you say a Constitutional issue. What an outrageous smokescreen to blame Russia for interfering in the 2016 US elections, when actually it’s the dysfunctional US political system which is to blame. This system also greatly threatens the entire world with the push for continual murderous wars and modernisation of nuclear weapons that threatens annihilation for all. The Pentagon, FBI and US Establishment politics have a lot to answer for. – Kay Weir

      02/10/18 11:11 PM | Comment Link

    • John Poole said...

      5

      Bauer- who is a “swing” voter? I’m clueless. Has anyone ever self identified as a swing voter? Are they all goofy indecisive types who need a little push of last minute information to give them the courage to go with A or B? Do they wait until they are at the poll station and listen for any little minute muted gossip to give them their resolve?

      02/11/18 9:36 AM | Comment Link

    • Rich Bauer said...

      6

      Actually, the Nunes memo ain’t news. “Americans should have no expectation of privacy.” You clowns gave it away.

      I wondered what Sick Fucks dream up this shit in the Russia Whore House. Here is a hint:

      According to a White House official, Sick Fuck Sorensen’s job with the Council on Environmental Quality did not require a security clearance, but his background check was ongoing.
      The Washington Post first reported Sorensen’s resignation Friday evening, and reported that his ex-wife, Jessica Corbett, alleged that “he ran a car over her foot, put out a cigarette on her hand, threw her into a wall and grasped her menacingly by her hair while they were alone on their boat in remote waters off Maine’s coast, an incident she said left her fearing for her life.”

      Just accusations. Still this guy should get his due process…like being dragged by horses through thorns.

      02/11/18 6:19 PM | Comment Link

    • Ruth Walker said...

      7

      I didn’t think either the FBI or the State Department report exonerated Hillary Clinton. Not enough evidence of intent does not imply innocence. But could I get fellow Democrats to even read it? She kept telling them that others had don’t the same thing and they refused to look for themselves!

      http://www.washingtonpost.com/apps/g/page/politics/state-department-report-on-clintons-email-practices/2039

      http://www.fbi.gov/news/pressrel/press-releases/fbi-releases-documents-in-hillary-clinton-e-mail-investigation

      Bernie would have won

      http://raymcgovern.com/2016/07/28/theater-of-the-absurd-with-wikileaks-publishing-emails-showing-how-the-clinton-clique-sabotaged-bernie-sanderss-campaign-the-corporate-media-has-displayed-oddly-misdirected-outrage

      02/22/18 3:59 PM | Comment Link

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