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Sic Semper Tyrannis, ("Thus Always To Tyrants"): Adam Schiff Rebuttal Democrat Memo, Lays Egg's . . . DOJ & FBI Unprofessional & Illegal
Feb 28, 2018 15:40:39   #
Doc110 Loc: York PA
 
02/25/2018 Publics Tacitus Democrat Memo Lays Egg’s (Part 1)

Publius Tacitus
http://turcopolier.typepad.com/sic_semper_tyrannis/2018/02/democrat-memo-lays-egg-by-publius-tacitus.html?

Sic Semper Tyrannis: ("Thus Always To Tyrants") Adam Schiff Rebuttal Democrat Memo, Lays Egg's . . . DOJ & FBI Unprofessional & Illegal . . .


After reading the memo championed by Democrat Adam Schiff, which was promised to rebut the memo produced by the Republican majority on the House Intel Committee, I was reminded of a Peggy Lee song --- Is That All There Is?

Devin Nunes and his team have saved me the effort of pointing out the problems with the Schiff rebuttal. I am presenting that in full.

Here is the bottomline:

We now know that Christopher Steele was not a "one-time Charlie." He had a longstanding covert relationship as an FBI intelligence asset. The Democrat memo does nothing to dispute that fact.

It also is clear that DOJ and FBI personnel engaged in unprofessional (and possibly illegal) conduct with respect to making representations to the Foreign Intelligence Surveillance Court (FISC). Three key points on this front--


1. The so-called Steele dossier was proffered as evidence to the FISC without fully disclosing that Steele was a covert asset being paid for his work and that Democrat political operatives were also paying him;

2. Senior DOJ officials, particularly Bruce Our, were totally comprised yet continued to be involved in the process; and

3. The Democrats insist that Carter Page is a bad guy and deserves to be investigated.

Yet, no charges have been filed against him and the allegations leveled in the Steele dossier were dismissed by former FBI Director Comey as "salacious and unverified."

Anyway, here are the main points from the Democrat memo and the Republican response.


THE DEMOCRATS’ MEMO: CHARGE AND RESPONSE

CHARGE:
“Christopher Steele’s raw intelligence reporting did not inform the FBI’s decision to initiate its counterintelligence investigation in late July 2016.” (p. 1)

RESPONSE:
As stated in the declassified GOP memo on FISA abuse, information about Trump campaign advisor George Papadopoulos “triggered the opening of an FBI counterintelligence investigation in the late July 2016 by FBI agent Peter Strzok.”

Once underway, the investigation was fueled by Christopher Steele’s dossier, which the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) used to get a Foreign Intelligence Surveillance Act (FISA) warrant on Carter Page.

DOJ and FBI’s reliance on the DNC and Clinton campaign funded dossier in court filings, not the overall investigation, is the focus of the GOP memo.


CHARGE:
The Page FISA application “made only narrow use of information from Steele’s sources about Page’s specific activities in 2016.”(p.1)

RESPONSE:
Senators Grassley and Graham’s January 4, 2018, criminal referral of Steele confirms that “the bulk of the application consists of allegations against Page that were disclosed to the FBI by Mr. Steele and are also outlined in the Steele dossier.”

Moreover, the Steele dossier was the FBI’s only source for the allegations in the initial application that Page met with particular Russians in July 2016.


CHARGE:
DOJ disclosed to the Court the fact of and reason for Steele’s termination as an FBI source. (p 2)

RESPONSE:
As noted in the GOP memo on FISA abuse, Steele was suspended and then terminated for unauthorized disclosures to the media in October 2016. However, four times DOJ repeated to the FISA Court (FISC) an incorrect assessment that Steele had not been a source for an earlier, September 2016 Yahoo News article by Michael Isikoff.

In May 2017, before the final renewal application, Steele admitted in a publicly available U.K. court filing to personally briefing numerous U.S. media outlets, including Yahoo News, in September 2016. Moreover, Isikoff has publicly confirmed that Steele was a source for the Isikoff article used in the Page FISA application.


CHARGE:
The overwhelming majority of Committee Members never received DOJ authorization to access the underlying classified information. (p. 2)

RESPONSE:
As part of stonewalling the Committee’s investigation, senior officials at DOJ and the FBI initially limited access to documents responsive to its subpoenas to one member and two staff for both Republicans and Democrats. Chairman Nunes designated Chairman Gowdy, an experienced prosecutor and investigator, to lead the Committee’s review.

All Republican members participated in weekly briefings on the results of the Committee’s investigative efforts, and the Committee does not believe there are/or should be current restrictions on the Committee’s access to this important information.

Contrary to the Democrat memo’s claims, no restrictions were placed on the authorized dissemination of information in the GOP memo, which the Committee determined should be disclosed consistent with House and Committee rules to all Members of the House, and the American people.


CHARGE:
The information about George Papadopoulos was received against the backdrop of Russia’s aggressive covert campaign to influence our e******ns, which the FBI was already monitoring. (p. 2)

RESPONSE:
Russia’s aggressive meddling in the 2016 U.S. e******n, which the GOP memo does not dispute, is a key focus of the Committee’s ongoing Russia investigation.


CHARGE:
DOJ’s FISA warrant application was based on “compelling evidence” and “probable cause” of Page’s pre-campaign activities. (p. 3-4)

RESPONSE:
The Democrat memo fails to explain why, if evidence of Page’s past activities was so compelling, the Steele dossier was used in the FISA application at all, much less formed the “bulk” of the Page FISA application.

The Democrat memo also fails to explain why, if DOJ and FBI had “probable cause” that Page was a Russian agent, they waited until shortly after receiving the Steele dossier to seek a warrant. (As noted on page 3 of the Democrat memo, the dossier “reached" the counterintelligence team investigating Russia at FBI headquarters” in “mid-September 2016,” just a few weeks before the initial FISA application.)

Additionally, the Democrat memo—like the FISA application itself—paints an incomplete and misleading picture of Page’s past activities and interactions with the FBI. Both omit that, in a secretly taped statement reproduced in a 2015 federal court filing, a Russian intelligence officer called Page “an i***t.”

This omission could mislead the reader regarding the Russians’ assessment of Page’s capabilities and utility, and it is troubling that DOJ failed to provide to a secret court material information from a public court filing. By participating in voluntary interviews with FBI,

Page cooperated with the successful prosecution of the Russian intelligence officer who called him “an i***t” and two of his colleagues.


CHARGE:
A “specific sub-section” of the Page FISA application refers to Steele’s reporting on Page and his alleged coordination with Russian officials. (p. 4)

RESPONSE:
As confirmed by Senators Grassley and Graham’s criminal referral of Steele, the dossier formed “a significant portion” of the Carter Page FISA application.


CHARGE:
DOJ provided additional information obtained through multiple independent sources that corroborated Steele’s reporting. (p. 4)

RESPONSE:
At the time of the initial application, all of the Steele dossier’s specific claims about Page—including that he met with Igor Sechin and Igor Diveykin in Moscow in July 2016—were uncorroborated by any independent source, and they remain unconfirmed.


CHARGE:
DOJ provided the Court with “more than sufficient information to understand the political context of Steele’s research.”(p. 5)

RESPONSE:
As clearly stated in the GOP memo, none of the Page FISA applications “disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele’s efforts.”

Instead, the FISA application relies on a convoluted statement buried in a footnote. This is clearly an attempt to avoid informing the Court, in a straightforward manner that the DNC and Clinton campaign paid for the dossier.

(Taking a cue from DOJ and FBI, the Democrat memo omits any reference to the DNC or Clinton campaign.) Moreover, the footnote obscures, rather than clarifies Steele’s political motivation and what DOJ and FBI officials actually knew about the dossier’s political origins.

The footnote “speculates” on the “likely” motivation of “U.S. Person”—Fusion GPS co-founder Glenn Simpson—while intimating that “Source #1”—Steele—was unaware “as to the motivation behind the research.”

In fact, as disclosed in the GOP memo and confirmed by the Graham-Grassley referral, Steele was motivated by a “desperate” desire to keep Donald Trump from becoming President.

(End Part 1)

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Feb 28, 2018 15:43:16   #
Doc110 Loc: York PA
 
02/25/2018 Publics Tacitus Democrat Memo Lays Egg’s (Part 2)

Publius Tacitus
http://turcopolier.typepad.com/sic_semper_tyrannis/2018/02/democrat-memo-lays-egg-by-publius-tacitus.html?

Sic Semper Tyrannis: ("Thus Always To Tyrants") Adam Schiff Rebuttal Democrat Memo, Lays Egg's . . . DOJ & FBI Unprofessional & Illegal . . .

CHARGE:
DOJ explained the FBI’s reasonable basis for finding Steele credible. (p. 6)

RESPONSE:
FBI’s reliance on Steele’s credibility was badly misplaced. Steele violated FBI’s trust by making unauthorized disclosures to the media in October 2016, resulting in his termination as an FBI source.

Moreover, as explained in Senators Graham and Grassley’s declassified criminal referral of Steele, he “told the FBI he had not shared the Carter Page dossier information beyond his client [Glenn Simpson] and FBI,” and DOJ “repeated that claim to the FISC” four times.

In reality, in September 2016—before the initial FISA application—Steele had personally shared dossier information with: Michael Isikoff of Yahoo News, which published a September 2016 article on Page using Steele’s information (as now publicly confirmed by Isikoff);

At least four other U.S. media outlets (confirmed in Steele’s May 2017 U.K. court filing, which was made before but not disclosed in the June 2017 FISA renewal);

Associate Deputy Attorney General Bruce Ohr, whose wife was employed by Fusion GPS to conduct opposition research on Trump (as described in the GOP memo);

A senior State Department official, Jonathan Winer (publicly confirmed by Winer in a Washington Post op-ed); and Perkins Coie, the law firm for DNC and the Clinton campaign (as described in the GOP memo).

Finally, notwithstanding FBI’s confidence in Steele, at the time of the initial FISA application the agency had virtually no visibility into the credibility of Steele’s sub-sources and sub-sub-sources who originated the dossier’s allegations.


CHARGE:
The GOP memo does not cite evidence that Steele disclosed to Yahoo News details includedin the FISA warrant. (p. 6)

RESPONSE:
As noted in the Democrat memo, both the initial FISA application and the Steele dossier include the allegation from Steele that Carter Page met with two specific Russians, Igor Sechin and Igor Diveykin, in July 2016.

A September 2016 article by Michael Isikoff of Yahoo News contains the exact same allegation, attributed to a “well placed Western intelligence source.” Steele has admitted to meeting with Yahoo News in September 2016, and Isikoff has publicly confirmed that Steele was a source for the article.

CHARGE:
DOJ never paid Steele for the “dossier.” (p. 6)

RESPONSE:
As clearly stated in the GOP memo, FBI authorized payment to Steele for the dossier information before he was terminated as an FBI source for making unauthorized disclosures to the media. This financial motivation was not disclosed to the Court.

CHARGE:
The GOP memo’s reference to Bruce Ohr is misleading. (p. 7)

RESPONSE:
Steele’s desperation to keep Donald Trump from becoming President—described in the GOP memo and confirmed by the Graham-Grassley referral—was known to senior DOJ official Bruce Ohr before the initial FISA application, and known to FBI before any of the renewals.

(The summary of Ohr’s first interview with FBI about Steele is dated November 22, 2016.) Remarkably, neither Steele’s bias, nor Ohr’s relationship with Steele or the FBI, nor the fact that Ohr’s wife worked for Fusion GPS on its DNC and Clinton campaign funded Trump research, was disclosed to the Court in any of the FISA applications.


CHARGE:
Peter Strzok and Lisa Page’s text messages are irrelevant to the FISA application (p. 7).

RESPONSE:
Strzok opened the counterintelligence investigation of which the Carter Page FISA application was a part. Additionally, both Strzok and Lisa Page were members of the team conducting the investigation, which page 3 of the Democrat memo itself describes as “so closely held.”

Especially given the small size of the team, the apparent bias of the investigators displayed in Strzok-Page text messages is highly relevant to an analysis of the investigation, including the controversial decision to seek a FISA warrant on Carter Page.

Reply
Feb 28, 2018 17:05:16   #
Doc110 Loc: York PA
 
02/27/2018 Dems' Rebuttal to GOP FISA Memo Continues

Erik Rosales
https://www1.cbn.com/cbnnews/us/2018/february/dems-rebuttal-to-gop-fisa-memo-continues

The House Intelligence Committee on Saturday released a Democratic memo in redacted form that seeks to undercut Republican claims of FBI surveillance abuses.

President Donald Trump dismissed the Democrat's memo calling it a "total political and legal bust," claiming that it only confirms the "terrible things" that were done by the nation's intelligence agencies.

The rebuttal, which was written by Democrats serving on the House Intelligence Committee, concluded that officials at the FBI and Justice Department "did not abuse the Foreign Intelligence Surveillance Act (FISA) process, omit material information, or subvert this vital tool to spy on the Trump campaign."

In the Republican memo released earlier this month, it stated that the FBI and DOJ relied on a Democrat-funded anti-Trump dossier to ask the FISA court for a warrant to monitor Trump adviser Carter Page.

Ranking Democrat Adam Schiff, D-CA, vehemently claimed that the Republican memo left out important information.

"The Democratic response memo released today should put to rest any concerns that the American people might have as to the conduct of the FBI, the Justice Department and the FISC," Schiff said in a statement.

"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," the statement continued.

Later Saturday evening, Trump tweeted: "The Democrat memo response on government surveillance abuses is a total political and legal BUST. Just confirms all of the terrible things that were done. SO ILLEGAL!"

Schiff and other Democrats charge that the Republican memo written by House Intelligence Chairman Devin Nunes of California is misleading and omits key facts, including that the FISA application did state that ex-British intelligence agent Christopher Steele, the author of the dossier, was paid by a political entity. FBI Director Christopher Wray also expressed concerns about the Nunes memo, publicly warning the White House that omitted information could impact the memo's veracity.

In a written statement, Nunes added that "the FISA court was misled about Mr. Page's past interactions with the FBI in which he helped build a case against Russian operatives in America who were brought to justice. It defies belief that the Department of Justice and FBI failed to provide information to a secret court that they had provided to an open federal court regarding their past interactions with Mr. Page."

Two of the key arguments in Schiff's memo are that the FBI's request for a FISA warrant on Page was proper, and that the political motivations behind Steele's research were sufficiently disclosed.

The Schiff memo cites the FBI's previous interest in Page, including a March 2016 interview with him about his contact with Russian intelligence.

"The FBI's concern about and knowledge of Page's activities therefore long predate the FBI's receipt of Steele's information," the memo reads.

The memo also argues that Steele, who authored the dossier on Trump and Russia, played no role in the FBI's launching of the counterintelligence investigation into Russian interference in the 2016 e******n, which occurred on July 31, 2016.

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