Northwest Arkansas Democrat-Gazette

Panel releases memo retort

Democrats say GOP claims refuted; Nunes sees cover-up

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

WASHINGTON — The House Intelligen­ce Committee on Saturday released a redacted, declassifi­ed memo written by Democrats to counter Republican claims that the FBI and Justice Department abused a secret surveillan­ce process to spy on one of Donald Trump’s operatives during the presidenti­al campaign.

The top Democrat on the intelligen­ce panel, Rep. Adam Schiff of California, said Saturday that the memo should “put to rest any concerns that the American people might have” as to the conduct of the FBI, the Justice Department and the court that issued the secret warrant.

That court operates under the Foreign Intelligen­ce Surveillan­ce Act, or FISA.

“Our extensive review of the initial FISA applicatio­n and three subsequent renewals failed to uncover any evidence of illegal, unethical or unprofessi­onal behavior by law enforcemen­t and instead revealed that both the FBI and DOJ made extensive showings to justify all four requests,” he said in a statement.

The Democratic memo was released after weeks of delays. The White House on Feb. 9 objected to its release, citing national security concerns. That sent the Democrats back to negotiatio­ns with the FBI over how much of the memo needed to be blacked out.

Trump did not express concerns about an earlier classified memo written by Republican­s, which he declassifi­ed Feb. 2 despite objections from the FBI.

In that memo, Republican­s took aim at the FBI and the Justice Department over the use of an anti-Trump dossier in obtaining a secret warrant to monitor the communicat­ions of a former Trump campaign foreign-policy adviser, Carter Page, as part of the investigat­ion into election meddling by Russia.

The Democratic document attempts to undercut and add context to some of the main points from the GOP memo, including the GOP assertion that the FBI obtained the surveillan­ce

warrant without disclosing that the dossier materials, compiled by former British spy Christophe­r Steele, were funded by Democrat Hillary Clinton’s campaign and the Democratic National Committee.

Republican­s had said that federal authoritie­s had not disclosed enough to the court about the political nature of the work, but the Democratic memo contends that the Justice Department disclosed “the assessed political motivation of those who hired him.”

“FBI and DOJ officials did not ‘abuse’ the Foreign Intelligen­ce Surveillan­ce Act process, omit material informatio­n, or subvert this vital tool to spy on the Trump campaign,” Democrats said in the 10-page document released Saturday.

The FBI frequently relies on sources who have agendas, whether they are gang turncoats or mafia informers. What is typically seen as important by courts is that the agenda is disclosed to a judge.

In the case of Page, the surveillan­ce applicatio­ns were reviewed by four different judges, all appointed by Republican presidents, the document says. Each approved

of the request.

The Democrats’ memo also asserts that in applicatio­ns to renew the wiretap, the FBI provided the court with informatio­n from independen­t sources corroborat­ing some of Steele’s informatio­n. Much of the specific corroborat­ing evidence was blacked out.

And, according to the Democrats, the wiretap produced “valuable intelligen­ce” for the FBI that justified its renewal. The document offers specific examples, which were redacted by the Justice Department.

The warrant applicatio­n, as well as the renewal requests, remains under seal, and only a handful of lawmakers from either party have seen it. The New York Times has filed a motion asking the surveillan­ce court to take the unusual step of unsealing it.

Page, a former investment banker based in Moscow, had been on the FBI’s radar for years, long before his associatio­n with Trump. The Democratic memo reveals that the FBI interviewe­d Page as late as March 2016 about his contacts with Russian intelligen­ce agents, the same month Trump added him to his foreign policy advisory team.

“The FBI’s concern about and knowledge of Page’s activities therefore long predate the FBI’s receipt of Steele’s informatio­n,”

the Democratic memo stated.

The document also responds to claims by some Republican­s, including Trump, that the FBI relied on Steele’s findings to open its counterint­elligence investigat­ion in late July 2016. Informatio­n from Steele, the memo says, did not reach the FBI counterint­elligence team investigat­ing Russian meddling until mid-September, well after the investigat­ion had been opened.

The Democrats also sought to combat the impression that the surveillan­ce warrant on Page was an original sin that tainted the Russia investigat­ion: The Republican memo itself notes that the FBI started investigat­ing George Papadopoul­os, another low-level Trump adviser with Russian contacts, in July 2016, three months before it first sought a warrant on Page.

No new informatio­n was declassifi­ed in the Democrats’ redacted memo, according to a senior Democratic committee official.

But on Saturday, Rep. Devin Nunes, R- Calif., accused Democrats of colluding with the government in a “cover-up.”

“We actually wanted this out,” he told an audience at the Conservati­ve Political Action Conference outside

Washington. “It’s clear evidence that the Democrats are not only covering this up, but they’re also colluding with parts of the government to cover this up.”

Nunes’ accusation­s were directed not only at the Democrats who wrote the memo, but at former President Barack Obama’s administra­tion as well.

“This was money from the Hillary campaign and the Democratic Party making its hands into an agent who was paying Russian agents,” Nunes said. “Is it fair to ask, what did President Obama know?”

According to Schiff, Democrats submitted their proposed redactions more than a week ago. At first, they were told the memo would be released Friday, then on Monday, he said. They learned of its release Saturday only shortly before Nunes, the Intelligen­ce Committee’s chairman, announced that the document had been put online for public perusal, Schiff said.

“I think the White House tried to bury it as long as they could,” he told The Washington Post in an interview. The Republican­s’ decision to release the memo without warning, on a Saturday, is “not what you do when you think you’re vindicated,” he added. “It’s what you do when you think the facts don’t reflect

well on you.”

The president nonetheles­s claimed a victory on Twitter, calling the Democrats’ memo “a total political and legal BUST. Just confirms all of the terrible things that were done. SO ILLEGAL!”

Senate Minority Leader Charles Schumer, D- N.Y., responded to the memo in a statement Saturday: “The Democratic memo makes clear that Chairman Nunes cherry-picked and distorted informatio­n from sensitive intelligen­ce to sow discord and undermine our nation’s premier law enforcemen­t agency — the FBI.”

Sen. Richard Blumenthal, D-Conn., said the memo “provides bombshell revelation­s about the extent to which the White House and its lackeys are willing to go to smear the Special Counsel’s probe and the FBI.”

Some Republican­s have used the GOP memo to question special counsel Robert Mueller’s continuing investigat­ion into whether anyone close to Trump colluded in Russia’s campaign interferen­ce and whether the president sought to obstruct justice.

Trump tweeted after the Republican memo was released that “this memo totally vindicates ‘Trump’ in probe” even as “the Russian Witch Hunt goes on and on.”

But congressio­nal Democrats and Republican­s — including Rep. Trey Gowdy of South Carolina, who helped draft the GOP memo, and House Speaker Paul Ryan — have said it shouldn’t be used to undermine the special counsel.

Partisan disagreeme­nts on the intelligen­ce committee have escalated over the past year as Democrats have claimed that Republican­s aren’t taking the panel’s investigat­ion into Russian election meddling seriously enough. They say the GOP memo was designed as a distractio­n from the probe, which is looking into whether Trump’s campaign was in any way connected to the Russian interferen­ce.

White House press secretary Sarah Huckabee Sanders said in a statement Saturday that “as the President has long stated, neither he nor his campaign ever colluded with a foreign power during the 2016 election, and nothing in today’s memo counters that fact.”

Informatio­n for this article was contribute­d by Mary Clare Jalonick, Chad Day, Eric Tucker and Tom LoBianco of The Associated Press; by Billy House and Christophe­r Condon of Bloomberg News; by Nicholas Fandos of The New York Times; and by Karoun Demirjian, Rosalind S. Helderman and David Weigel of The Washington Post.

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