We Read The Republicans’ Secret Memo So You Don’t Have To
Trump and the Republicans’ latest attack on the Mueller probe is a dud.
By
Jessica Schulberg and
Ryan J. Reilly
WASHINGTON ― In a move intended to undermine special counsel Robert Mueller’s investigation into Russian involvement in the 2016 election, President
Donald Trump on Friday approved the declassification of a Republican-authored memo that alleges wrongdoing at the highest levels of the Justice Department and the FBI.
Republicans have hyped the memo’s release for weeks, calling it “worse than Watergate,” while
Democrats and the FBI have warned that the document omits key context and that making it public could damage national security and further undermine the public’s faith in the nation’s premier law enforcement organizations.
But the four-page document, which was drafted by Republican staffers in the office of House Intelligence Committee chairman and Trump transition team member
Devin Nunes(R-Calif.), reveals little new information. Its authors focus on complaints of
liberal bias among mostly Republican law enforcement officials, while omitting information that does not fit their narrative. The
resulting document is boring and tendentious, and it’s hard to understand why Republicans were so excited to get it out and why the FBI and Democrats were so determined to keep it secret. It’s such a dud that it was probably more valuable to Republicans when it was still a secret document.
We read it so you don’t have to. (Although feel free if you want ― it’s included at the end of this post.)
Republicans’ basic charge
The memo centers on the charge that law enforcement officials misled a secretive court that approves surveillance warrants when they applied for permission to spy on Trump campaign official Carter Page.
According to the memo, the FBI and DOJ applied for a warrant to spy on Page on Oct. 21, 2016. The application for the warrant, which lasts for 90 days, was approved and renewed three times. Each application has to be signed by a top FBI and DOJ official. Then-FBI Director James Comey, then-deputy director of the FBI Andrew McCabe, then-Deputy Attorney General Sally Yates, then-acting Deputy Attorney General Dana Boente, and Deputy Attorney General Rod Rosenstein each signed one or more of the applications.
The applications to spy on Page were flawed, according to the Republicans’ memo, because they did not do enough to disclose the biases of the sources who provided some of the information included in the requests. The Foreign Intelligence Surveillance Act applications relied, in part, on information gathered by former British intelligence officer Christopher Steele, who compiled allegations about ties between Trump and Russia into a dossier. The FISA applications did not mention that Steele was hired by a research firm that was hired by Democrats who were looking for opposition research on Trump, the authors of the memo wrote. (The memo does not mention that the same research firm, Fusion GPS, was first hired by Republican operatives who had the same goal during the GOP primary race.)
Steele himself was an unreliable source, the authors of the memo allege, because he spoke to reporters at Yahoo News and Mother Jones and because he didn’t want Trump to win the presidential election. In September 2016, Steele told senior DOJ official Bruce Ohr “he was desperate that Donald Trump not get elected,” according to FBI files cited in the memo.
That conversation should have been included in the FISA warrant, the memo’s authors argue. The FISA warrant application also should have disclosed that Ohr’s wife worked at Fusion GPS, the firm that hired Steele, according to the memo.
“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,” the memo says.
Steele’s alleged bias against Trump is legally irrelevant
The memo elides the fact that the FBI was applying for a warrant to surveil Page, not Trump. It provides no evidence that Steele was biased against Page. But even if it had, that wouldn’t matter.
Although the memo’s suggestions that Steele met with journalists and didn’t like Trump are sure to rile Trump and his supporters, they don’t provide much evidence of legal wrongdoing. Law enforcement officers — which is what FBI agents are — rely on biased informants to obtain warrants every day.
“Informants usually have ulterior motives, and judges don’t need to be told that,” Orin Kerr, a law professor at the University of Southern California,
wrote earlier this week.
The FBI probably could have gotten a warrant to spy on Page without Steele’s dossier.
The memo’s argument relies heavily on the idea that Steele was integral to the FBI and DOJ’s efforts to get approval to spy on Page.
McCabe, who was deputy director of the FBI at the time, testified before the House Intelligence Committee in December that “no surveillance warrant would have been sought from the [Foreign Intelligence Surveillance Court] without the Steele dossier information,” the memo says. But that testimony was private, meaning it’s impossible to know if McCabe actually said that to lawmakers. And even if he did say that, it’s not clear whether other FBI officials involved in the warrant application would agree.
The FBI had suspected that Page was a target of Russian intelligence
for years before he became a Trump campaign adviser. In 2013, Page
met with a Russian spy who was later charged by the Justice Department for acting as an unregistered agent of a foreign government. That spy had tried to recruit Page, BuzzFeed
reported last year. Law enforcement officials probably didn’t need the Steele dossier to get approval from a FISA court — which have notoriously high approval rates — to spy on him.