Nunes Memo
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The Nunes memo (formally titled ''Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation'') is a four-page memorandum written for
U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
Devin Nunes Devin Gerald Nunes (; born October 1, 1973) is an American businessman and politician who is chief executive officer of the Trump Media & Technology Group (TMTG). Before resigning from the House of Representatives and joining TMTG, Nunes was ...
by his staff and released to the public by the Republican-controlled committee on February 2, 2018. The memo alleges that the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(FBI) "may have relied on politically motivated or questionable sources" to obtain a Foreign Intelligence Surveillance Act (FISA) warrant in October 2016 and in three subsequent renewals on Trump adviser
Carter Page Carter William Page (born June 3, 1971) is an American petroleum industry consultant and a former foreign-policy adviser to Donald Trump during his 2016 presidential election campaign. Page is the founder and managing partner of Global Energy C ...
in the early phases of the FBI's investigation into
Russian interference in the 2016 United States elections The Russian government interfered in the 2016 U.S. presidential election with the goals of harming the campaign of Hillary Clinton, boosting the candidacy of Donald Trump, and increasing political and social discord in the United States. Acc ...
. On July 21, 2018, the Justice Department released heavily redacted versions of four FISA warrant applications for Carter Page which showed that key assertions made by Nunes in the Nunes memo were false or misleading, corroborating the rebuttal made by Democrats. Nunes was the chairman of the
House Intelligence Committee The United States House Permanent Select Committee on Intelligence (HPSCI), also known as the House Intelligence Committee, is a committee of the United States House of Representatives, currently chaired by Adam Schiff. It is the primary committ ...
at the time and was a supporter of
FISA The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign pow ...
surveillance extension. Former Trump campaign CEO and chief strategist
Steve Bannon Stephen Kevin Bannon (born November 27, 1953) is an American media executive, political strategist, and former investment banker. He served as the White House's chief strategist in the administration of U.S. president Donald Trump during t ...
has described Nunes as Trump's second-strongest ally in Congress. In April 2017, Nunes stepped aside from chairing the House Intelligence Committee's Russia investigation while the House Ethics Committee conducted an inquiry into whether Nunes had violated applicable ethics rules with respect to his apparent secret coordination with White House officials. Nunes then began his own parallel secret investigation. The Ethics Committee investigation ended in December 2017, after which Nunes claimed that he had never recused himself. Republican legislators who favored public release of the memo argued that the memo presents evidence that a group of politically-biased FBI employees abused the FISA warrant process for the purpose of undermining the
Donald Trump presidency Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
. These congressmen alleged that there was excessive and improper dependence on the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
, which was funded in part by the Clinton campaign and
Democratic National Committee The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well a ...
, when the Justice Department applied to the FISA court to conduct electronic surveillance on Trump aide
Carter Page Carter William Page (born June 3, 1971) is an American petroleum industry consultant and a former foreign-policy adviser to Donald Trump during his 2016 presidential election campaign. Page is the founder and managing partner of Global Energy C ...
during the course of the campaign. Political allies of Donald Trump attempted to use the memo to pivot attention away from the
Special Counsel investigation In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to Criminal investigation, investigate, and potentially prosecution, prosecute, a particular case of suspected wrongdoing fo ...
of the Trump presidential campaign's role in
Russian interference in the 2016 United States elections The Russian government interfered in the 2016 U.S. presidential election with the goals of harming the campaign of Hillary Clinton, boosting the candidacy of Donald Trump, and increasing political and social discord in the United States. Acc ...
. Prior to release of the memo, news media reported that Trump told his associates that release of the memo would discredit the investigation. A social media campaign, under the hashtag #ReleaseTheMemo, emerged in mid-January 2018 to publicly release the memo despite some of its classified contents. Journalist and national security advocacy groups reported that Russian-linked bots on
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
helped spread the controversial hashtag. Trump approved release of the Republican document over the objections of the FBI and the
U.S. Intelligence Community The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. The FBI issued a rare statement expressing "grave concerns" about factual omissions and the accuracy of the memo. Within Congress, anticipation of the release of the memo sparked controversy, mainly along political lines. House Republicans released the memo on February 2, 2018. Democrats on the House Intelligence Committee prepared a classified 10 page rebuttal of claims in the Nunes memo, which was initially blocked for release. After the Nunes memo was released to the public, the House Intelligence Committee voted unanimously to release the Democrats' memo. On February 9, Trump blocked release of the Democrats' memo, saying the committee should redact classified and sensitive material before releasing it to the public. A redacted version of the Democratic memo was ultimately released on February 24.


Contents

The memo states that a FISA warrant on Carter Page was sought and obtained on October 21, 2016, and that there were three subsequent 90-day renewals. The memo notes that FISA submissions are classified information. The memo "raise concern as to the legitimacy and legality" of the FISA application process relating to Page, and that
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
was not made in the warrant application. It makes five main points. First it alleges that the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
"formed an essential part of the Carter Page FISA application". The memo asserted that
Christopher Steele Christopher David Steele (born 24 June 1964) is a British former intelligence officer with the Secret Intelligence Service (MI6) from 1987 until his retirement in 2009. He ran the Russia desk at MI6 headquarters in London between 2006 and 200 ...
was paid $160,000 by the Democratic National Committee and the Clinton campaign. In fact, Perkins Coie, which represented the DNC and Clinton campaign, had no contact with Steele, and never paid him directly. Instead, they paid Fusion GPS $1.02 million in fees and expenses, $168,000 of which was paid to Orbis by Fusion GPS and used by them to produce the dossier. The DNC and Clinton campaign disclosed the total amount paid to Perkins Coie on campaign finance reports. The memo also alleged that information about the payment was not disclosed in the initial October 2016 FISA application or subsequent renewals. However, the FBI's application for a FISA warrant did describe, in a footnote, the origins and political background of the dossier, a fact conceded by Nunes and other Republican leaders on February 5, after the memo's release. Second, the memo alleges that the FISA application relied "extensively" on a ''
Yahoo! News Yahoo! News is a news website that originated as an internet-based news aggregator by Yahoo!. The site was created by a Yahoo! software engineer named Brad Clawsie in August 1996. Articles originally came from news services such as the Associate ...
'' report from September 2016 by
Michael Isikoff Michael Isikoff (born June 16, 1952) is an American investigative journalist who is currently the Chief Investigative Correspondent at Yahoo! News. He is the co-author with David Corn of the book titled '' Russian Roulette: The Inside Story of Pu ...
, which referenced Page's July 2016 trip to Moscow and used information from Steele. It asserts that the article was "derived from information leaked by Steele himself to Yahoo News." Isikoff has stated that the information he got from Steele was actually information that the FBI already had. He also described Steele as serious and credible. Third, the memo accuses Steele of being biased against the candidacy of Donald Trump, stating he was "desperate" and "passionate" that Trump would lose. It goes on to say
Bruce Ohr Bruce Genesoke Ohr is a former United States Department of Justice official. A former associate deputy attorney general and former director of the Organized Crime Drug Enforcement Task Force (OCDETF), as of February 2018 Ohr was working in the ...
knew about this bias and that it was not reflected in the FISA applications. Ohr however did not work on counter intelligence matters and had no role in obtaining the FISA warrants on Page. The memo's fourth point quotes Bill Priestap saying that the corroboration of the Steele dossier was in its "infancy" in October 2016 during the FISA application. The memo further alleges that
Andrew McCabe Andrew George McCabe (born March 18, 1968) is an American attorney who served as the Deputy Director of the Federal Bureau of Investigation (FBI) from February 2016 to March 2018 and as the acting Director of the FBI from May 9, 2017, to Augus ...
testified that "no surveillance warrant would have been sought from the Foreign Intelligence Surveillance Court (FISC) without the Steele dossier information." Other members of the House Intelligence Committee and sources close to the matter have stated that the Nunes memo "misquoted" and "mischaracterized" McCabe's testimony, which was given in private and has not been made public. The memo also confirms that the spark for the FBI investigation into potential collusion between Trump's campaign and the Russians was not the Steele dossier, but rather the comments made by Trump adviser
George Papadopoulos George Demetrios Papadopoulos (; born August 19, 1987) is an author and former member of the foreign policy advisory panel to Donald Trump's 2016 presidential campaign. On October 5, 2017, Papadopoulos pleaded guilty to a felony charge of mak ...
, who told an Australian diplomat in May 2016 that the Russians possessed "dirt" on
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
in the form of hacked emails. That confirmation contradicts earlier claims by some that the investigation had been triggered by the Steele dossier. The memo notes that Papadopoulos is mentioned in the Page FISA application, and says "there is no evidence of any cooperation or conspiracy between Page and Papadopoulos." It also says the FBI's Russia investigation was opened nearly three months before the FISA surveillance application in late July 2016 by
Peter Strzok Peter Paul Strzok II (, like ''struck''; born March 7, 1970) is a former United States Federal Bureau of Investigation (FBI) agent. He was the Deputy Assistant Director of the FBI's Counterintelligence Division and led the investigation into R ...
, who is accused of having "a clear bias against Trump and in favor of Clinton." The memo also shows that the FISA warrant on Page was renewed three times. In each instance, the FBI had to show the signing judge that the warrant had merit. News accounts in 2017 indicated that because of the nature of his ties to Russia, Page had been under FBI scrutiny and had already been the subject of a FISA warrant in 2014, at least two years before the Trump campaign. Finally, the memo asserts that former FBI Director James Comey testified to Congress that the Steele dossier was "salacious and unverified." However, Comey's prepared remarks show that he was referring specifically to "some personally sensitive aspects" of the dossier, not the entire dossier.


Background

The memo was produced by a small group of House Republicans and staff, led by Devin Nunes, as part of an investigation into how the FBI used the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
. Democratic committee members were not informed about the investigation into the FBI or the preparation of the memo, a possible violation of committee rules. Adam Schiff, the
ranking member In United States politics, a ranking member is the most senior member of a congressional or state legislative committee from the minority party. On many committees the ranking minority member, along with the Chair, serve as ''ex officio'' members ...
of the House Intelligence Committee, said that Nunes had not read all of the relevant source material, although Nunes had argued for months that the FBI and DOJ had taken part in a conspiracy. Nunes had previously recused himself from the committee's investigation into Russia's interference in U.S. elections due to a House ethics investigation into Nunes' coordination with the Trump administration. The House Ethics Committee stated that "Nunes may have made unauthorized disclosures of classified information, in violation of House Rules, law, regulations, or other standards of conduct" (the ethics investigation ended when the committee was unable to obtain the relevant classified information). However, after offering to step aside from the investigation into Russian interference, Nunes began his own "parallel" investigation, whose purpose appeared to be to undermine the original ongoing investigation. Since January 18 a growing number of Republicans began calling for the release of the memo. Adam Schiff released a statement and a letter to Nunes on January 31, 2018, stating that Nunes had "made material changes to the memo he sent to White House – changes not approved by the Committee" and that the White House was "reviewing a document the Committee has not approved for release." In response Peter King, who also sits on the Intelligence Committee, stated, "My understanding is this was agreed on beforehand among Republicans. There's one small part in the memo which in no way affects the substance in the memo." He said it involved removing only "three or four words" and came at the request of the FBI.


Social media influence

A social media campaign under the
hashtag A hashtag is a metadata tag that is prefaced by the hash (also known as pound or octothorpe) sign, ''#''. On social media, hashtags are used on microblogging and photo-sharing services such as Twitter or Instagram as a form of user-generated ...
"#ReleaseTheMemo" emerged on January 19, 2018, to publicly release the memo despite some of its classified contents. According to the ''Hamilton 68'' project run by the bipartisan
Alliance for Securing Democracy The Alliance for Securing Democracy (ASD) is a non-partisan transatlantic national security advocacy group formed in July 2017 with the stated aim of countering efforts by Russia to undermine democratic institutions in the United States and Europe. ...
(ASD) which tracks Russian propaganda efforts on Twitter, the hashtag was promoted by Russian Twitter bot accounts, with a 230,000 percent spike in the promotion of the hashtag by these accounts.
Clint Watts Clint Watts is a senior fellow at the Center for Cyber and Homeland Security at George Washington University and a Foreign Policy Research Institute fellow. He previously was an Infantry Branch (United States), infantry officer in the United State ...
, one of the founding researchers of ASD, said the social media campaign started trending after
Julian Assange Julian Paul Assange ( ; Hawkins; born 3 July 1971) is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. WikiLeaks came to international attention in 2010 when it published a series of leaks provided by U.S. Army inte ...
advocated for the memo's release, which was then repeated by Russian influence networks. Twitter stated that a "preliminary analysis of available geographical data for tweets with the hashtag #ReleaseTheMemo ... has not identified any significant activity connected to Russia with respect to tweets posting original content to this hashtag." According to an analysis by CNN the hashtag was pushed by over a thousand newly created accounts, of which 460 were without a profile picture. CNN also noted that the hashtag was promoted by prominent American conservatives and Republicans, including
Donald Trump Jr. Donald John Trump Jr. (born December 31, 1977) is an American political activist, businessman, author, and former television presenter. He is the eldest child of Donald Trump, 45th president of the United States from 2017 to 2021, and his firs ...
and
Mark Meadows Mark Randall Meadows (born July 28, 1959) is an American politician who served as the 29th White House chief of staff from 2020 to 2021. A member of the Republican Party, he also served as the U.S. representative for North Carolina's 11th c ...
.


Historical background

Carter Page Carter William Page (born June 3, 1971) is an American petroleum industry consultant and a former foreign-policy adviser to Donald Trump during his 2016 presidential election campaign. Page is the founder and managing partner of Global Energy C ...
originally came to the attention of the FBI counterintelligence unit in 2013, prior to his becoming a Trump campaign adviser, when the unit learned that
Russian spies Russian(s) refers to anything related to Russia, including: *Russians (, ''russkiye''), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *Rossiyane (), Russian language term for all citizens and peo ...
were trying to use Page as a source of information and to recruit him as an agent; this resulted in Page being interviewed by the FBI in June 2013. He was under secret intelligence surveillance beginning in 2014. Page claimed that the information he provided to the Russians was innocuous. Page was the subject of at least one FISA warrant, going back to 2014, when he was alleged to have been colluding with the Russian government or knowingly working as an agent on its behalf. In March 2016, then-candidate Donald Trump listed the little-known Page as one of his foreign policy advisers. In a May 2016 meeting in London, Trump foreign policy adviser
George Papadopoulos George Demetrios Papadopoulos (; born August 19, 1987) is an author and former member of the foreign policy advisory panel to Donald Trump's 2016 presidential campaign. On October 5, 2017, Papadopoulos pleaded guilty to a felony charge of mak ...
told the Australian High Commissioner to the United Kingdom,
Alexander Downer Alexander John Gosse Downer (born 9 September 1951) is an Australian former politician and diplomat who was leader of the Liberal Party from 1994 to 1995, Minister for Foreign Affairs from 1996 to 2007, and High Commissioner to the United King ...
, that the Russians possessed "dirt" on
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
in the form of hacked emails. Two months later, Australian officials passed this information to American officials. This began the inquiry into Trump's relationship to Russia. In July 2016, Page traveled to Moscow for five days, where he spoke at two meetings on July 7 & 8. Page had received permission from the Trump campaign to make the trip. On July 8, Page emailed Trump campaign officials about his presentation at the New Economic School in Moscow and described meeting Russian Deputy Prime Minister
Arkady Dvorkovich Arkady Vladimirovich Dvorkovich (russian: Арка́дий Влади́мирович Дворко́вич; born 26 March 1972) is a Russian politician and economist, who was Deputy Prime Minister in Dmitry Medvedev's Cabinet from 21 May 2012 ...
. He said Dvorkovich "expressed strong support for Mr. Trump and a desire to work together toward devising better solutions in response to the vast range of current international problems." Page was later forced, under oath, to reveal he had met Dvorkovich during the visit. The
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
alleges that in July, Carter Page secretly met
Rosneft PJSC Rosneft Oil Company ( stylized as ROSNEFT) is a Russian Vertical integration, integrated energy company headquartered in Moscow. Rosneft specializes in the exploration, Extraction of petroleum, extraction, production, refining, Petroleum t ...
chairman
Igor Sechin Igor Ivanovich Sechin (russian: И́горь Ива́нович Се́чин; born 7 September 1960) is a Russian oligarch and a government official, considered a close ally and "de facto deputy" of Vladimir Putin. Sechin has been a confidant ...
in Moscow, together with a "senior Kremlin Internal Affairs official, DIVYEKIN"; that Sechin offered Trump a 19% stake in Rosneft (worth about $11 billion) in exchange for lifting the
sanctions against Russia Sanctions, economic or international, that have been imposed on Russia include: * International sanctions during the Russo-Ukrainian War (2014–) ** Countering America's Adversaries Through Sanctions Act, US legislation (2017) ** International sanc ...
after his election, and that Page confirmed, on Trump's "full authority", that he intended to lift the sanctions. In September, after reports surfaced about Page's July trip to Russia, the Trump campaign said Page was not part of the campaign and never had been. Page then said he was taking a leave of absence. A month later, in October 2016, and after Page left the campaign, the FBI sought a FISA warrant to investigate his connections to Russia. The warrant was granted by a FISA court judge and has since been renewed thrice, with each 90-day extension requiring new evidence "pertinent to intelligence-related collection" in order to back up the original application and to show that the warrant continues to be productive. Shortly after the release of the memo, ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' magazine reported that in 2013, Carter Page bragged about being an "informal adviser to the Kremlin" in a letter to the editor. Page was asked about this admission on February 6, 2017, on ABC's ''
Good Morning America ''Good Morning America'' (often abbreviated as ''GMA'') is an American morning television program that is broadcast on ABC. It debuted on November 3, 1975, and first expanded to weekends with the debut of a Sunday edition on January 3, 1993. Th ...
'' program, and had trouble explaining how he reconciled his dual roles as Trump adviser and Kremlin adviser. Page also claimed that he, despite being named foreign policy adviser, had never actually met Trump, contradicting his earlier statements in which he said he had been in a "number of meetings" with Trump and had "learned a tremendous amount from him".


Purpose

Republicans posited that politically-motivated FBI employees attempted to undermine the
Trump presidency Donald Trump's tenure as the 45th president of the United States began with his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican from New York City, took office following his Electoral College victory ...
, citing the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
, which they say was an essential part of the evidence used for obtaining a FISA warrant to wiretap Page. According to this argument, the FBI did not disclose to the FISA court that their request for a warrant depended on evidence in the Steele dossier, a document funded by the Hillary Clinton presidential campaign and the
Democratic National Committee The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well a ...
; according to this line of argument,
Rod Rosenstein Rod Jay Rosenstein (; born January 13, 1965) is an American attorney who served as the 37th United States deputy attorney general from April 2017 until May 2019. Prior to his appointment, he served as a United States attorney for the District ...
, Trump's Deputy Attorney General, knew of the funding from Democrats, and his approval of an application that failed to disclose that fact potentially implies that Rosenstein harbors some form of anti-Trump bias. Republicans did eventually concede that the FBI disclosed this information in a footnote.
Fusion GPS Fusion GPS is a commercial research and strategic intelligence firm based in Washington, D.C. The company conducts open-source investigations and provides research and strategic advice for businesses, law firms and investors, as well as for ...
, the firm behind the document, started its research into Trump with funding from the Paul Singer's conservative news outlet ''
The Washington Free Beacon ''The Washington Free Beacon'' is an American conservative political journalism website launched in 2012. The website is financially backed by Paul Singer, an American billionaire hedge fund manager and conservative activist. History The ' ...
'' as part of the
Never Trump movement The Never Trump movement, also called the #nevertrump, Stop Trump, anti-Trump, or Dump Trump movement, began as an effort on the part of a group of Republicans (known as Never Trump Republicans) and other prominent conservatives to prevent R ...
. However, the news outlet stopped funding this research during May 2016 when Donald Trump became the presumptive nominee on May 3, 2016. Attorney
Marc Elias Marc Erik Elias (born February 1, 1969) is an American Democratic Party elections lawyer. In 2021, he left his position as a partner at Perkins Coie to start the Elias Law Group. Elias served as general counsel for the Hillary Clinton 2016 pre ...
then hired Fusion GPS on behalf of his clients, the
Democratic National Committee The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well a ...
and the 2016 Hillary Clinton presidential campaign, to continue this research and compile what would become the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
. Fusion GPS paid
Christopher Steele Christopher David Steele (born 24 June 1964) is a British former intelligence officer with the Secret Intelligence Service (MI6) from 1987 until his retirement in 2009. He ran the Russia desk at MI6 headquarters in London between 2006 and 200 ...
to write the dossier, and the FBI also paid Steele for the expenses he incurred on "a trip to Rome to meet with FBI officials". Allies of Trump tried to move focus away from the Trump presidential campaign's alleged role in the Russian election interference by attempting to use the Nunes memo to portray the
Special Counsel investigation In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to Criminal investigation, investigate, and potentially prosecution, prosecute, a particular case of suspected wrongdoing fo ...
as the real scandal. In the hours before the expected release of the memo, sources reported that Trump told his associates that release of the memo would discredit the investigation and give him reason to fire Deputy Attorney General Rod Rosenstein, the supervisor of the Special Counsel investigation. On February 3, 2018, Trump praised the Nunes memo and tweeted: "This memo totally vindicates 'Trump' in probe. But the Russian Witch Hunt goes on and on. Their was no Collusion and there was no Obstruction." Rep.
Trey Gowdy Harold Watson "Trey" Gowdy III (born August 22, 1964) is an American television news personality, former politician, and former federal prosecutor who served as the U.S. representative for from 2011 to 2019. His district included much of the Up ...
(R-S.C.) disagreed, stating on February 4 on CBS' ''
Face the Nation ''Face the Nation'' is a weekly news and morning public affairs program airing Sundays on the CBS radio and television network. Created by Frank Stanton in 1954, ''Face the Nation'' is one of the longest-running news programs in the history o ...
'': "I actually don't think it has any impact on the Russia probe." He went on to say: Gowdy went on to say he was "100 percent" behind Mueller: "Look, Russia tried to interfere with our election in 2016 with or without a dossier." Glenn Kessler, a
fact checker Fact-checking is the process of verifying factual information, in order to promote the veracity and correctness of reporting. Fact-checking can be conducted before (''ante hoc'') or after (''post hoc'') the text is published or otherwise dissem ...
for ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', analyzed an accusation made by
Devin Nunes Devin Gerald Nunes (; born October 1, 1973) is an American businessman and politician who is chief executive officer of the Trump Media & Technology Group (TMTG). Before resigning from the House of Representatives and joining TMTG, Nunes was ...
in a February 7, 2018, interview on the Hugh Hewitt Show. Kessler's "
Pinocchio Pinocchio ( , ) is a fictional character and the protagonist of the children's novel ''The Adventures of Pinocchio'' (1883) by Italian writer Carlo Collodi of Florence, Tuscany. Pinocchio was carved by a woodcarver named Geppetto in a Tuscan vil ...
Test" rating was: " is no evidence that Clinton was involved in Steele's reports or worked with Russian entities to feed information to Steele. That's where Nunes's claim goes off the rails—and why he earns Four Pinocchios." According to Kessler "Four Pinocchios" equals a "Whopper" ( the equivalent of an outright lie).


Responses


U.S. intelligence community

Shortly after becoming a trending topic, the memo drew polarizing reactions from government officials and the media, and generally along party lines for lawmakers. The
Justice Department A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
(DOJ) released a letter to Congress calling a release of the memo without review "reckless" because it could expose intelligence sources and methods. FBI Director Christopher Wray was allowed to read the memo and did so on January 28. On January 29, the majority of the House Intelligence Committee disregarded the DOJ's warnings and voted to approve the memo's release. In response, Democrats on the House Intelligence Committee drafted a ten-page rebuttal memo on January 24. Both memos were released to the full House. The Republicans voted against making public the competing memo Democrats had crafted, and rejected a proposal to give the Justice Department and FBI more time to vet the document. The President then had up to five days to review it before it could be officially released. Republicans sought a committee vote that would request the release through the President, which would keep the memo confined to committee members until the President responded. The memo could be made public by a vote in the House of Representatives if the President did not act or denied the request, but no vote was scheduled for the full House. Nunes and the House Intelligence Committee denied access to the memo by the Senate Intelligence Committee and the FBI, which expressed a desire to investigate any alleged wrongdoing. The Department of Justice sent a letter to Nunes and called the release of the memo "extraordinarily reckless." Nunes' panel refused to allow the FBI and the Justice Department to view the memo despite their requests.
Adam Schiff Adam Bennett Schiff (born June 22, 1960) is an American lawyer, author, and politician who has served as a U.S. representative since 2001. A member of the Democratic Party, he has represented since 2013. Schiff's district (numbered as the 2 ...
, ranking member of the House Intelligence Committee, issued a statement saying it was " fe with factual inaccuracies" and was "meant only to give Republican House members a distorted view of the FBI." Schiff also said the memo omits key information on evidence other than Steele's dossier, used in the application for the FISA warrant. On July 21, 2018, the Justice Department released a heavily redacted version of the October 2016
FISA The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign pow ...
warrant application for Carter Page, which stated in part "The FBI believes that Page has been collaborating and conspiring with the Russian government" and "the FBI believes that the Russian government's efforts are being coordinated with Page and perhaps other individuals associated with Candidate #1's campaign." On December 9, 2019,
Michael E. Horowitz Michael Evan Horowitz (born September 19, 1962) is an American attorney and government official. He is the Inspector General of the United States Department of Justice. Early life and education Horowitz is the son of Anne J. and Fred Horowitz. ...
, the
Inspector General An inspector general is an investigative official in a civil or military organization. The plural of the term is "inspectors general". Australia The Inspector-General of Intelligence and Security (Australia) (IGIS) is an independent statutory off ...
, released his report stating that the FBI found 17 “basic and fundamental” errors and omissions in its applications to the
Foreign Intelligence Surveillance Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants ag ...
(FISA Court), but did not find political bias during the investigation of Trump and Russia, nor did he find evidence that the FBI attempted to place people inside the Trump campaign or report on the Trump campaign.https://www.justice.gov/storage/120919-examination.pdf However, in a Senate hearing, Horowitz stated he could not rule out political bias as a possible motivation. The report found that the FBI had a legal "authorized investigative purpose and with sufficient factual predication" to ask for court approval to begin surveillance of Carter Page, a former Trump campaign adviser.


Trump administration

On January 24, 2018, Trump expressed support for releasing the Nunes memo. He reportedly told close advisers that he believed the memo would reveal the FBI's bias against him, and provide grounds for him to fire
Rod Rosenstein Rod Jay Rosenstein (; born January 13, 1965) is an American attorney who served as the 37th United States deputy attorney general from April 2017 until May 2019. Prior to his appointment, he served as a United States attorney for the District ...
.
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
Don McGahn Donald Francis McGahn II (; born June 16, 1968) is an American lawyer who served as White House Counsel for U.S. President Donald Trump, from the day of Trump's inauguration through October 17, 2018, when McGahn resigned. Previously, McGahn serv ...
wrote that "the memorandum reflects the judgments of its congressional authors" and that the reason for its release was "significant public interest in the memorandum." After its release, Trump claimed in a tweet that the memo "totally vindicates" him.


Republicans

Before the memo was released, House Speaker
Paul Ryan Paul Davis Ryan (born January 29, 1970) is an American former politician who served as the List of Speakers of the United States House of Representatives, 54th speaker of the United States House of Representatives from 2015 to 2019. A member o ...
warned his fellow Republicans against overplaying the contents of the memo and tying it to the Mueller investigation. After the memo was released, Ryan said, "The matter of concern outlined in this memo is a specific, legitimate one. Our FISA system is critical to keeping America safe from real and evolving threats. It is a unique system with broad discretion and a real impact on Americans' civil liberties." Ryan also supported the release of the Democrats' counter-memo. Representative
Trey Gowdy Harold Watson "Trey" Gowdy III (born August 22, 1964) is an American television news personality, former politician, and former federal prosecutor who served as the U.S. representative for from 2011 to 2019. His district included much of the Up ...
, the only Republican on the House Intelligence Committee who actually read the underlying classified material, said the FISA application cited other material besides the dossier, but in his opinion the warrant would not have been authorized without the dossier. He added that the dossier does not invalidate the Russia investigation, which would have been launched with or without it. He said he has confidence in Rosenstein, Wray, and Mueller. On February 2,
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
rebuked his fellow Republicans with the statement, "The latest attacks against the FBI and Department of Justice serve no American interests―no party's, no president's, only Putin's. ... If we continue to undermine our own rule of law, we are doing Putin's job for him."


Democrats

Democratic leaders in Congress—
House Minority Leader Party leaders of the United States House of Representatives, also known as floor leaders, are congresspeople who coordinate legislative initiatives and serve as the chief spokespersons for their parties on the House floor. These leaders are ele ...
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
and
Senate Minority Leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding ...
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
—called upon House Speaker
Paul Ryan Paul Davis Ryan (born January 29, 1970) is an American former politician who served as the List of Speakers of the United States House of Representatives, 54th speaker of the United States House of Representatives from 2015 to 2019. A member o ...
to remove Nunes from the House Intelligence Committee, accusing him of abusing his position as committee chairman and of working in coordination with the White House that the committee is supposed to be investigating. Pelosi referred to the document as a "bogus" memo which was part of a Republican cover-up campaign; she also said Nunes had disgraced the House committee. Schumer said that the memo aimed to spread "conspiracy theories" and attacked federal law enforcement in order to protect Trump from investigation. Democratic House Whip
Steny Hoyer Steny Hamilton Hoyer (born June 14, 1939) is an American politician and attorney serving as the United States House of Representatives, U.S. representative for since 1981 and as House majority leader, House Majority Leader since 2019. A Democrat ...
also called for Nunes to be removed, saying Nunes' behavior had undermined the American people's trust in his chairmanship of the committee.
Jerry Nadler Jerrold Lewis Nadler (; born June 13, 1947) is an American lawyer and politician who since 2013 has served as the U.S. representative for , which includes Manhattan's west side and parts of Brooklyn. A member of the Democratic Party, he is in h ...
of New York, the
ranking member In United States politics, a ranking member is the most senior member of a congressional or state legislative committee from the minority party. On many committees the ranking minority member, along with the Chair, serve as ''ex officio'' members ...
of the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
, issued a six-page analysis rebutting the memo's legal basis and accusing Republican House members of being part of "an organized effort to obstruct" Mueller's investigation. Nadler, who reviewed the classified material used to obtain the FISA warrant, called the memo "deliberately misleading and deeply wrong on the law." He argued the FISA Court had probable cause to believe Page was acting as "an agent of a foreign power."
Adam Schiff Adam Bennett Schiff (born June 22, 1960) is an American lawyer, author, and politician who has served as a U.S. representative since 2001. A member of the Democratic Party, he has represented since 2013. Schiff's district (numbered as the 2 ...
has stated that the "Nunes memo is designed to ... put the government on trial"by furthering a conspiracy theory that a cabal of senior officials within the FBI and the Justice Department were so tainted by bias against President Donald Trump that they irredeemably poisoned the investigation."


Rebuttal memo

Democrats on the House Intelligence Committee drafted a classified ten-page rebuttal memo on January 24. However, when the committee voted along partisan lines to release the Nunes memo, it also voted not to release the Democratic memo. On February 5 the committee voted unanimously to release the Democrat's minority memo, subject to Trump's approval. On February 9, Trump declined to release the rebuttal memo, with the White House suggesting sensitive sections be removed before the memo is made public. McGahn stated this was because of its "numerous properly classified and especially sensitive passages." After redactions in consultation with the FBI, the Democratic memo, titled ''Correcting the Record -- The Russia Investigation'', was released on February 24. This rebuttal memo has also been referred to as the Schiff memo after
Adam Schiff Adam Bennett Schiff (born June 22, 1960) is an American lawyer, author, and politician who has served as a U.S. representative since 2001. A member of the Democratic Party, he has represented since 2013. Schiff's district (numbered as the 2 ...
.


Criticism

Revelations about the Nunes memo and its surrounding controversy, including speculation about the potential firing of Mueller or
Deputy Attorney General The Deputy Attorney General (DAG) is the second-highest-ranking official in a department of justice or of law, in various governments of the world. In those governments, the deputy attorney general oversees the day-to-day operation of the departme ...
Rod Rosenstein, gave rise to comparisons to the
Saturday night massacre The Saturday Night Massacre was a series of events that took place in the United States on the evening of Saturday, October 20, 1973, during the Watergate scandal. U.S. President Richard Nixon ordered Attorney General Elliot Richardson to fire ...
, alluding to the firing of special prosecutor
Archibald Cox Archibald Cox Jr. (May 17, 1912 – May 29, 2004) was an American lawyer and law professor who served as U.S. Solicitor General under President John F. Kennedy and as a special prosecutor during the Watergate scandal. During his career, he was a p ...
by President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
during the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continual ...
.
Glenn Greenwald Glenn Edward Greenwald (born March 6, 1967) is an American journalist, author and lawyer. In 2014, he cofounded ''The Intercept'', of which he was an editor until he resigned in October 2020. Greenwald subsequently started publishing on Substac ...
called the Republican-led campaign to release the memo "a bizarre spectacle" since the Republicans were "holding a document that only they can release, while pretending to be advocating for its release." In response to the release of Nunes's document, former FBI director
James Comey James Brien Comey Jr. (; born December 14, 1960) is an American lawyer who was the seventh director of the Federal Bureau of Investigation (FBI) from 2013 until his dismissal in May 2017. Comey was a registered Republican for most of his adul ...
wrote, "That's it? Dishonest and misleading memo wrecked the House intel committee, destroyed trust with Intelligence Community, damaged relationship with FISA court, and inexcusably exposed classified investigation of an American citizen. For what?" In an interview on ''
Meet the Press ''Meet the Press'' is a weekly American television news/interview program broadcast on NBC. It is the longest-running program on American television, though the current format bears little resemblance to the debut episode on November 6, 1947. ' ...
'', former
CIA director The director of the Central Intelligence Agency (D/CIA) is a statutory office () that functions as the head of the Central Intelligence Agency, which in turn is a part of the United States Intelligence Community. Beginning February 2017, the D ...
John O. Brennan John Owen Brennan (born September 22, 1955) is a former American intelligence officer who served as the Director of the Central Intelligence Agency (CIA) from March 2013 to January 2017. He served as chief counterterrorism advisor to U.S. Presi ...
said that Nunes had presented only "one side, in a very selective, cherry-picked memo." He said that for Nunes and the Republicans to deny the Democratic minority the ability to release their own memo "is just appalling, and it clearly underscores just how partisan Mr. Nunes has been." Brennan accused Nunes of an
abuse of power Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
in the use of his position on the House Intelligence Committee. "I don't say that lightly," he added. Three former CIA analysts (Jeff Asher, Nada Bakos and Cindy Otis) wrote that the "politically motivated, recklessly drafted" Nunes memo "does not support its main thesis" alleging abuse by the FBI and Department of Justice regarding their investigation of Carter Page as it "doesn't offer any evidence of the potential abuse and, in fact, the memo undermines itself". Senator
Sheldon Whitehouse Sheldon Whitehouse (born October 20, 1955) is an American lawyer and politician serving as the junior United States senator from Rhode Island since 2007. A member of the Democratic Party, he served as a United States Attorney from 1993 to 1998 ...
has accused the authors of the memo of "using selective declassification as a tactic—they use declassified information to tell their side, and then the rebuttal is classified."
Jane Mayer Jane Meredith Mayer (born 1955) is an American investigative journalist who has been a staff writer for ''The New Yorker'' since 1995. She has written for the publication about money in politics; government prosecution of whistleblowers; the Uni ...
stated that this leaves
Christopher Steele Christopher David Steele (born 24 June 1964) is a British former intelligence officer with the Secret Intelligence Service (MI6) from 1987 until his retirement in 2009. He ran the Russia desk at MI6 headquarters in London between 2006 and 200 ...
's defenders no possibility "to respond without breaching national-security secrets". Paul Rosenzweig, former Assistant Secretary for International Affairs and former
Whitewater Whitewater forms in a rapid context, in particular, when a river's gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that froths, making the water appear opaque and ...
investigator, has analyzed the Nunes memo and explained several reasons for why he believes "it makes no sense", is "not a serious effort at oversight", and "fails to make its case": the timing of the FISA warrant shows that any findings would first have come to light after the election and thus could not have affected it; Carter Page was no longer a member of the Trump campaign at the time of the application; it ignores that Page was under FISA surveillance as early as 2013 because of his proven Russian connections; the attempt to tie the October FISA application to Deputy Attorney General Rosenstein is flawed because Rosenstein was a U.S. attorney for the district of Maryland at the time and had nothing to do with that application; the memo "uses language that is intended to create a misimpression" by implying that the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report written from June to December 2016, containing allegations of misconduct, conspiracy, and cooperation between Donald Trump ...
was central to the FISA application, when it was only a part of it; and that the memo "tries to bury" its "admission deep in the document", in the final paragraph, that the investigation into
Russian interference in the 2016 United States elections The Russian government interfered in the 2016 U.S. presidential election with the goals of harming the campaign of Hillary Clinton, boosting the candidacy of Donald Trump, and increasing political and social discord in the United States. Acc ...
was not triggered by the Steele dossier but by information from Trump advisor Papadopoulos.


Release of Carter Page FISA warrant applications

On July 21, 2018, the Justice Department released heavily redacted versions of four FISA warrant applications for Carter Page which showed that key assertions made in the Nunes memo were false or misleading, corroborating the rebuttal made by Democrats. The Nunes memo: * Contended the application did not "disclose or reference the role of the DNC, Clinton campaign or any party/campaign in funding Steele's efforts, even though the political origins of the Steele dossier were then known to senior DOJ and FBI officials," an assertion Democrats disputed in their rebuttal. While the Nunes Memo was correct in that the DNC was not identified, the application provided a lengthy footnote that explained that the person who commissioned Steele was "likely looking for information to discredit" the Trump campaign. The application also explained that, despite the political motives of those who commissioned Steele, the FBI found Steele credible. * Faulted the application for not identifying Hillary Clinton or the DNC by name. However, the application showed the standard practice of omitting the names of American individuals and organizations. For example, Trump and Clinton were identified only as "Candidate #1" and "Candidate #2," respectively. While Hillary Clinton was identified as Candidate #2 in the application, it was not in reference to the dossier. * Asserted the DOJ referenced a ''Yahoo News'' article as corroboration of Steele's information, even though it later became known that Steele had been a source for the article, an assertion rebutted by Democrats. However, the application actually cited the ''Yahoo News'' article only to show that Carter Page had denied allegations against him, under a section entitled "Page's Denial of Cooperation With the Russian Government." Multiple sources also noted that after its publication, the wiretap warrant was approved, and later renewed, four times by four different judges, all of whom were appointed by Republican presidents, weakening Nunes' claim of partisan bias. Similarly, all four judges —
Rosemary Collyer Rosemary Mayers Collyer (born November 19, 1945) is an inactive Senior United States district judge of the United States District Court for the District of Columbia, and a Judge of the United States Foreign Intelligence Surveillance Court. ...
, Anne Conway, Raymond Dearie and Michael Mosman — were assigned to serve on the FISA court by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
, a conservative. The day after the applications were released, Trump asserted without evidence that they confirmed the Justice Department and FBI had misled the FISA court and as a result his campaign had been illegally spied on to benefit the Clinton campaign. Trump also quoted conservative writer
Andrew McCarthy Andrew Thomas McCarthy (born November 29, 1962) is an American actor, travel writer, and television director. He is most known as a member of the Brat Pack, with roles in 1980s films such as ''St. Elmo's Fire'', ''Pretty in Pink'', and '' Less ...
, who had called into question the integrity of the FISA court itself.


See also

*
Dismissal of James Comey James Comey, the seventh Director of the Federal Bureau of Investigation (FBI), was fired by U.S. President Donald Trump on May 9, 2017. Comey had been criticized in 2016 for his handling of the FBI's investigation of the Hillary Clinton ema ...
*
Links between Trump associates and Russian officials Since Donald Trump was a 2016 candidate for the office of President of the United States, numerous links between Trump associates and Russian officials and spies have been discovered by the FBI, Special counsel, and several United States congr ...
* Trump Tower wiretapping allegations *
Inspector General report on the Crossfire Hurricane investigation ] ''Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation'' is a report by the United States Department of Justice Office of the Inspector General which was released on December 9, 2019 by Inspector Gener ...


References


External links


House Permanent Select Committee on Intelligence Memo
(Nunes memo)
United States Foreign Intelligence Court Opinion April 2017House Intelligence Committee Minority Response to the memo
from Democratic members of the House Intelligence Committee
HPSCI Majority Response to Charges in the Democrats' MemoJerry Nadler's rebuttal letter to House DemocratsFBI statement on Nunes memoNunes statement on FBI and DOJ objection to memo's release
{{Portal bar, Politics, United States 115th United States Congress 2018 controversies in the United States 2018 documents 2018 in American politics Federal Bureau of Investigation operations Memoranda Russian interference in the 2016 United States elections United States Foreign Intelligence Surveillance Court United States House of Representatives Works about security and surveillance