Austin American-Statesman

Read the full text of the House GOP memo,

-

House Republican­s on Friday released a formerly classified memo regarding the early stages of the FBI’s investigat­ion into the Trump campaign and Russia.

The four-page document, dated Jan. 18, 2018, was written by Republican members of the House Intelligen­ce Committee under the subject line “Foreign Intelligen­ce Surveillan­ce Act Abuses at the Department of Justice and the Federal Bureau of Investigat­ion.”

The White House declassifi­ed the memo over the objections of the Justice Department and sent it to the intelligen­ce committee chairman, Republican Rep. Devin Nunes, R-Calif., for immediate release.

Here is the text of the memo:

Purpose

This memorandum provides Members an update on significan­t facts relating to the Committee’s ongoing investigat­ion into the Department of Justice (DO J) 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 DO J 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, DO J 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 DO J 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)(1)), 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. ThenDAG Sally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more FISA applicatio­ns on behalf of DO J.

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 DO J 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 DO J 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 DO J via then-Associate Deputy Attorney General Bruce Ohr, a senior DO J 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.

Newspapers in English

Newspapers from United States