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Judicial Watch • Nunes FISA memo 020218

Nunes FISA memo 020218

Nunes FISA memo 020218

Page 1: Nunes FISA memo 020218

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Number of Pages:6

Date Created:February 2, 2018

Date Uploaded to the Library:February 13, 2018

Tags:020218, Nunes, Fusion, memo, FISA, Branch, application, Memorandum, Intelligence, Steele, CARTER, Trump, deputy, EXECUTIVE, Hillary Clinton, president, clinton, committee, White House, FBI, DOJ, Supreme Court


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THE WHITE HOUSE
WASHINGTON
February mix
Ihc Honorable Devin Ntmes
Chliinnun. House Permanent Select Committee Intelligence
United States Capitol
Washington, 20515
Dear Mr. Chairman: January 29. 2018. the House Permanent Select Committee Intelligence (hereiua the
Committee) rotcd lose publicly memorandum containing classi information
provided the Committee connection with its oversight activities (the Memorandum,
which attached this letter). provided clause 1(g) Rule ofthe House
Representatives. the Committee has forwarded this Memorandum the President based its
determination that the release the Memorandum would serve the public interest.
The Constitution vests the President Vtith the authority protect national security secrets from
disclosure. the Supreme Court has recognized. the President responsibility classify.
deelassify. and control lwcess information bearing our intelligence sources and methods
and nlitional defcns See. Dep a/Navy Egan. 484 US. 518, 527 (1988). order
facilitate appropriate congressional oversight, the Executive Branch may entrust classi
information the appropriate committees CongIess. has done connection with the
Comnlittee oversight activities here. The Executive Branch does the assumption that the
Committee will responsibly protect such classi infonuatione consistent viith the lan the
United States.
The Committee has now determined that the rclcnsc otthc Memorandum uottld appropriate.
The ccutive Branch, across Athni trations both parties, has worked accommodate
eongr until ucsts declassily specil materials the public interest.l However. public
release Class information unilateral action ofthe Legislative Branch extremely rare
and raises signi cant separation powers concerns. Accordingly. the Committee request
release the Memorandum interpre request [or deelassrlication pursuant the
Presidents authority.
The President understands dint the protection our national security represents his highest
obligation. Accordingly. has directed lawyers and national security staffto as. the
Stw. Repi its (Administration 3:1ka Ohalna) April 2014 ..tie eoniniittcc agreed
send the revised Findings and Conclusions and the updated Executive summon; otthc Committcr snidy. the
President for declassi calion and public release chi 107.792 (Administration ofGeorgc Bush) that). (Administration ofGeorge l{.W. Bush) (noting Senatelesoluuourequeotlng that Presidentpiiwidc rot
declassiiicaticn otccnain information Via Lxecutlve Order). cation rcqu consistent uith established standards governing the handling
cla information. including those tmder Section 3.1(d) Executive Order 13526. hose
standards permit deelassiiicalion when the public interest disclosure outweighs lm) need
protect the information. The White House review proccsi included input from the
the Director National Intelligence and the Department ofJustice. Consistent with Lhis review
and these standards. the President has determined that declassi eution the Memorandum
appropriate.
Based this assessment and light ofthe signi cant public interest the memorandum, the
President has authori7ed the declassitication the Memorandum. 11) lezir, the
Memorandum ects thejudgments its congr sinnal authors. The President understands
that oversight concerning matters related the Memorandum may continuing. Though the
eireumstenees lending the declassi cation through this pmccss are extraordinary. the
Executive Branch stands ready wetk with Congress accommodate oversight requests
consistent vtith applicable standards and processes. including the need protect intelligence
sources and methods.
Sincerely.
Donald McGahn
Counsel the President
cc: The Honorable Paul Ryan
Speaker nfthe House Representatives
the Honorable Adam Sehiff
Ranking Member, House Permanent Select Committee Intelligence
UNCLASSIMEW ncelassitied order the Fresit
Jammy 2013 February 2018
To: HPSCI Majority Members
From: arse] Majority Staff
Subject: Foreign lnteiligenee Surveillance Aet Abuses the Deparunent Iustieo and the
Federal Bureau Investigation
Pllrguse
This memorandum provides Members update significant facts relating the
Committees ongoing investigation into the Department Justice (DOD and Federal Bureau
Investigation (FBI) and their use the Foreign Intelligence Surveillance Act (PISA) during the
2016 presidential election cycle. Our ndings. which are detailed hclow, raise concerns with
the legitimacy and legality certain DUI and FBI interactions with the Foreign Intelligence
Surveillance Court (FISC), and represent troubling breakdown legal processes established protect the American people from abuses related the FISA prooess.
Investigation Update
(In October 21, 2016, nor and FBI sought and received FISA prohahie cause orttcr under Title VII) authorizing electronic siirvcillan Carter Page from the FIsc. Page
{Is eitizen who served volunteer atlvisor the lrurnp presidential campaign. Consistent
with requirements under PISA, the application had that certi the Director Deputy
Director the FBL then required the approval otthe Attorney General Deputy Attorney
General (DA 6), the Senate-confirmed Assistant Attorney General for the National Security
Division
The FBI and DO} obtained one initial ISA Warrant targeting Carter Page and three PISA
renewals from the FISC, required statute (50 U.S.C. l305(d)( 1)), FISA order
American citizen must renewed the ISC every days and each renewal requires
separate nding probable cause. Then-Director James Comey sigied three FISA applications question behalf ofthe FBI, and Deputy Director Andrew McCabc signed one Then-DAG
Sally Yates. then Acting DAG Dana Boente, and DAG Rod Rosenstein each Signed one more
FISA applications behalf D0].
Due the sensitive nature oflilreign intelligence activity, FlSA submissions (including
renewals) before the FISC are classi ed. such, the publie con dence the integrity ofthc
FISA process depends the court ability holdthc government the highest standardi
particularly relates surveillance ofAmeri can citize However, the FlSC rigor
protecting the rights Americans, which ism renewals surveillance
orders, necessarily dependent the government production the court all material and
relevant facts. This should Include information potentially favorable the target Lhe FISA
PROPERTY THE Ursa HOUSE REPRESENTATIVES
application that known the government. the case Carter Page, the government had
least four independent opportunities before the FISC accurately provide accounting die
relevant facts. However, our ndings indicate that. described below7 material and relevant
information was omitted. the dossier compiled Christopher Steele (Steele dossier) hehaltoi the
Democratic National Committee (DNC) and the Hillary Clinton campaign formed
essential part otthe Carter Page FISA application. Steele was longtime source who
was paid over $160,000 the DNC and Clinton campaign. Via the law Pcrkins Cole
and rcscarch rnrn Fusion GPS) ohtain derogatory information Donald Trump ties Russia. Neither the initial application October 2016, nor any ofthc renewals, disclose
reference the role the DNC, Clinton campaign. any partyicampaign funding
Steelels efforts, even though the political origins nfthe Steele dossier were then
known senior and FBI cials The initial FISA application notes Steele was Working for narned U.S. person, but
does not name Fusion CPS and principal Glenn Simpson, who was paid law (Perkins Coie) representing the DNC (even thouga was lmown DOJ the
time that political actors were involved with the Steele dossier). Thc application does
not mention Steele was ultimately Working behalf offend paid hy7 the DNC and
Clinton campaign, that the FBI had separately authorized payment Steelc for thc
same information. The Carter Page FISA application also cited extensively September 23., 2015, Yahoo
News article Michael Isiko which focuses Page July 20l trip Muscuvl.
This article docs not corroborate the Slt dossier because derived from information
Leaked Steele hin llto Yahuo a_w_._ the Page FISA application incorrectly assesses
that Steele did not directly provide information Yuhuo Neil/x. Stcclc has admitted
British court lings that met with Yahuu New/Se and several other outlawein
September 2016 the direction Fusion GPS. Perkins Cole was aware Stcelcs
initial media con icts because they hosted least one meeting Washington DC.
2016 with Steele and Fusion GPS where this matter was discussed. Steele was suspended and then tCI mlnbtchl FBI source for what the FBI nes the most scricus ofVinldtiomrw unauthorized disclosure the media ofhis
relationship with the FBI Octubcl 30, 2016, iMotherJancs article David
Com. Steele should have bccn terminated for his previous undisclosed contacts with
Yahoo and other outlets Scptcmbcribcfurc the Page application was submitted
UNCLASSEFEED
PROPERTY THE 0.5. HOUSE REPRESENTATIVES
the NSC Octoberibut Steele improperly concealed from and lied the FBI about
these contacts, Steele numerous encounters with the media violated the cardinal rule source
handlingimnirttaining eon dentialit}L rand demonsnrated that Steele hurl become
less than reliable source for the FBI.
Before and utter Steele was terminated source, maintained Contact with Do] Vin
then-Associate Deputy Attorney General Bruce 0hr, senior DOJ ollicial who Worked
Closely with Deputy Attorneys General Yates and later Rosenstein Shortly after the
election. the FBI began interviewing 0hr, documenting his communications with Steele.
For example, September 2016, Steele admitted 0hr his Feelings against then-
eandidate Trump when Steele said Vvas desperate that Donald Trump not get
elected and wits passionate about him not being president. This elear evidence
Steele bias was recorded 0hr the Lime and subsequently cial FBI leSrrbnt
not ected any otthe Page FlSA applications. During this same time period: Ollf Wife was employed usion GPS assist
Lhe cultivation opposition research Trump. 0hr later promded the FBI With all
ofhis wife opposition research, paid for the DNC and Clinton campaign Via
Fusion GPS. The (lhrs relationship with Steele and Fusion GPS was inexplicably
concealed from the NSC,
According the head (it the FBI eounterintelligen division, Assistant Director Bill
Priestap, corroboration ofthc Steele dossier was its infancy the time ofthe initial independent unit within FBI assessed Steele reporting onlyminimally
corroborated. Yet, early January 2017. Director Comey briefed President-elect Trump summary otthe Steele dossier, even though was aeeortling his June 2017
testimonyi alaeious and unveri ed. While the FISA application relied Steele
past record credible reporting other unrelated matters, ignored concealed his
nnti Tmmp nancile and ideological motivations. Furthermore, Deputy Director
MoCabe testi before the Committee December 2017 that surveillance warrant
would have been sought liom the FISC Without the Steele dossier information.
UNCE. lFIED
PROPERTY THE U.Si HOUSE REPRESENTATIVES The Page FISA application also mentions immneirimi regarding fellow Trump campaign
adviem George Paparlupuulus, but Lhci evidence any cooperation conspiracy
between and Papudopeulos. Papadopmilos information triggered the upeziing FBI counter-intelligence investigation late July 2015 FBI agent Pete Strmk
Strzok was reassigned the Special Counsel 01110:: FBI Human Resources fur
improper text messages with his mistress, FBI Attorney Page (no known relation
Carter Page), Where they both demonstrated clear bias against Trump and favor
Clinmn, whom Stank had also investigated. The Stuck/Lisa Page lexte also reflect
extensive discussions about the I1] Silg lj01L orchestrating leaks the medim and
include meeting with Deputy Director McCabe discuss uence policy against
President Trump eleuuon.
UNCLAb IFIED
PROPERTY THE UiS. HOUSE REPRESENTATIVES