A Reckoning for the FBIPosted: February 3, 2018
The House memo reveals disturbing facts about the misuse of FISA.
Now we know why the FBI tried so hard to block release of the House Intelligence Committee memo. And why Democrats and the media want to change the subject to Republican motivations. The four-page memo released Friday reports disturbing facts about how the FBI and the Foreign Intelligence Surveillance Court appear to have been used to influence the 2016 election and its aftermath.
The White House declassified the memo Friday, and you don’t have to be a civil libertarian to be shocked by the details. The memo confirms that the FBI and Justice Department on Oct. 21, 2016 obtained a FISA order to surveil Carter Page, an American citizen who was a relatively minor volunteer adviser to the Trump presidential campaign.
The memo says an “essential” part of the FISA application was the “dossier” assembled by former British spy Christopher Steele and the research firm Fusion GPS that was hired by a law firm attached to the Clinton campaign. The memo adds that former FBI Deputy Director Andrew McCabe told the committee in December 2017 that “no surveillance warrant would have been sought” without the dossier.
This is troubling enough, but the memo also discloses that the FBI failed to inform the FISA court that the Clinton campaign had funded the dossier. The memo says the FBI supported its FISA application by “extensively” citing a September 2016 article in Yahoo News that contained allegations against Mr. Page. But the FBI failed to tell the court that Mr. Steele and Fusion were the main sources for that Yahoo article. In essence the FBI was citing Mr. Steele to corroborate Mr. Steele.
Unlike a normal court, FISA doesn’t have competing pleaders. The FBI and Justice appear ex parte as applicants, and thus the judges depend on candor from both. Yet the FBI never informed the court that Mr. Steele was in effect working for the Clinton campaign. The FBI retained Mr. Steele as a source, and in October 2016 he talked to Mother Jones magazine without authorization about the FBI investigation and his dossier alleging collusion between Russia and the Trump campaign. The FBI then fired Mr. Steele, but it never told the FISA judges about that either. Nor did it tell the court any of this as it sought three subsequent renewals of the order on Mr. Page.
We don’t know the political motives of the FBI and Justice officials, but the facts are damaging enough. The FBI in essence let itself and the FISA court be used to promote a major theme of the Clinton campaign. Mr. Steele and Fusion then leaked the fact of the investigation to friendly reporters to try to defeat Mr. Trump before the election. And afterward they continued to leak all this to the press to cast doubt on the legitimacy of Mr. Trump’s victory.
No matter its motives, the FBI became a tool of anti-Trump political actors. This is unacceptable in a democracy and ought to alarm anyone who wants the FBI to be a nonpartisan enforcer of the law … (read more)