The House Memo was released today. An examination follows.
The pdf is here. A full copy of the House Memo is embedded below. A detailed timeline follows.
On October 21 2016, the FBI and DOJ obtained one initial FISA warrant targeting Carter Page and three FISA renewals from the FISC.
A FISA order on an American citizen must be renewed by the FISC (FISA Court) every 90 days and each renewal requires a separate finding of probable cause.
Then-Director James Comey signed three FISA applications in question on behalf of the FBI.
Deputy Director Andrew McCabe signed one on behalf of the FBI.
Then-DAG Sally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein – each signed one or more FISA applications on behalf of DOJ.
Deputy FBI Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.
McCabe acknowledged that not only would the FISA Court have refused to grant a FISA Warrant – the FBI would not have even attempted a FISA application without the Steele Dossier.
The implication of this is simple – and devastating.
The FBI relied almost solely on the Steele Dossier to obtain a FISA Warrant and the three subsequent FISA extensions.
But it gets worse.
The FISA order was NOT under Title VII (Section 702) – which specifically relates to an American person caught up in the process of Foreign Surveillance.
This implies a likely Title I Request – or a Traditional FISA (See; FISA Amendments ACT Q&A):
This provision applies to the conduct of electronic surveillance and physical searches for foreign intelligence purposes of persons, facilities, or property inside the United States.
For this request to be granted, the government must show probable cause to believe both that the proposed target is a foreign power or an agent of a foreign power and that the facility or place is or is about to be used by that target.
Carter Page was in all likelihood not an incidental target swept up in Foreign surveillance. Page was probably a direct target of surveillance – painted as a foreign agent by the Steele Dossier.
The implications are severe:
A Title I FISA grant would allow not only for surveillance of the targeted U.S. person, but also follow up surveillance of any of his direct contacts. The intent behind Title I is to capture a complete network.
President Trump may have been more right than he realized with his wiretap claim.
And as we now know, this likely Title I grant relied – perhaps exclusively – on the Steele Dossier.
The government had at least four independent opportunities (I classify five opportunities) before the FISC to accurately provide an accounting of the relevant facts. Instead, material and relevant information was omitted.
1) The Steele Dossier, compiled on behalf of the Democratic National Committee and the Clinton Campaign, formed an essential part of the Carter Page FISA application.
- Neither the initial application in October 21, 2016 – nor any of the renewals – disclosed the role of the DNC and/or the Clinton Campaign’s funding of the Steel Dossier.
- The political origins (funding) of the Steele dossier were known to senior DOJ and FBI officials when all FISA Applications were made.
- The DOJ knew that political actors were involved in the creation and use of the Steele Dossier at the time of initial FISA application.
- The initial FISA application does not include Steele’s employment by Fusion GPS or founder Glenn Simpson. Fusion GPS was paid by Perkins Coie – a law firm representing the DNC.
- The application does not mention Steele was working on behalf of the DNC and Clinton Campaign.
- The application does not mention that the FBI had separately authorized payment to Steele for the Dossier and related information.
The FISA application (likely a Title I application) date of October 21, 2016 is important. Note the following from a timeline (below):
- October 20 2016 – NSA Rogers briefed by NSA compliance officer on 702 NSA compliance audit.
- October 21 2016 – NSA Rogers shuts down all “About Query” activity. Permanently. Reports activity to DOJ and prepares to go before FISA Court.
- October 21 2016 – DOJ & FBI sought and received a FISA probable cause order (not under Title VII) authorizing electronic surveillance on Carter Page from the FISC.
- October 26 2016 – NSA Rogers personally informs FISA Court of 702(17) violations.
The FBI & DOJ rushed the application knowing NSA Rogers was preparing to go before the FISA Court.
Which still begs the question – why wasn’t Page’s FISA application revisited when Rogers went before the FISA Court on October 26, 2016.
That’s a likely question for FISA Judge Contreras…now forcibly recused in the Flynn case…
2) The Carter Page FISA application extensively cited a September 23, 2016, Yahoo News article by Michael Isikoff, which focused on Page’s July 2016 trip to Moscow. This information was used to corroborate the Steele Dossier.
- The Isikoff Yahoo article publicly launched the Trump-Russia collusion narrative directly in front of the 2016 Presidential election.
- The Isikoff Yahoo article is actually derived from information that Steele leaked to Isikoff and Yahoo News. This is known as circular reporting.
- The source of the Isikoff article (Steele) was not disclosed to the FISA Court.
- Steele has admitted in British Court filings that he leaked to Yahoo News’ Isikoff – along with several other media outlets – at the direction of Fusion GPS. This admission led to the Grassley Referral. – where Steel was referred to the DOJ for false statements.
- Perkins Coie, the DNC’s law firm – was aware of Steele’s media contacts – and held at least one meeting in 2016 regarding the issue.
- Steele was suspended and then terminated by the FBI for his unauthorized disclosure of his relationship with the FBI in an October 30, 2016, Mother Jones article by David Corn.
- The Mother Jones article, A Veteran Spy Has Given the FBI Information Alleging a Russian Operation to Cultivate Donald Trump, is a completion of the circular reporting begun with the Isikoff article.
- Steele should have been terminated by the FBI for his September 2016 media contacts but was not.
- It is not entirely clear if the FBI knew the extent of Steele’s media contacts in September 2016 – Yahoo & others.
- Steele lied to the FBI – at least in part – regarding the September 2016 media meetings.
- Steele’s numerous encounters with the media violated the cardinal rule of source handling – maintaining confidentiality – and demonstrated that Steele had become a less than reliable source for the FBI.
Steele leaked to Isikoff who wrote the article for Yahoo News. The Isikoff article was then used to help obtain a Title I FISA grant to gather information on Page. This search was then leaked by Steele to David Corn at Mother Jones. Circular reporting.
In addition, by failing to maintain confidentiality, Steele had become a “less than reliable source”. This should have called into question the entire Steele Dossier from the FBI’s perspective.
3) Steele maintained contact with the DOJ via Associate Deputy Attorney General Bruce Ohr – both before and after his termination by the FBI.
- Ohr’s direct boss was Deputy Attorney General Sally Yates.
- The FBI interviewed Ohr several times following the election to document Ohr’s contacts with Steele.
- Ohr noted that Steele said he “was desperate that Donald Trump not get elected and was passionate about him not being president” in a September 2016 conversation.
- This evidence of Steele’s bias was recorded by Ohr at the time of occurrence – but this information was omitted from any of the FISA applications.
- During this same period, Ohr’s wife Nellie Ohr was employed by Fusion GPS to assist in the cultivation of opposition research on Trump.
- Ohr later provided the FBI with all of his wife’s opposition research, which had been paid for by the DNC and Clinton campaign via Fusion GPS.
- The Ohrs’ relationship with Steele and Fusion GPS was concealed from the FISA Court in all FISA applications.
- Nellie Ohr was hired by Fusion in April/May 2016.
The FBI was knowingly using opposition research secretly funneled to it from a senior DOJ official in order to obtain a FISA Warrant.
Information created by the senior DOJ official’s wife. And funded by the DNC and Clinton Campaign.
None of this was disclosed to the FISA Court.
4) Lack of corroboration of the Steele Dossier was well known within the FBI. This fact was not disclosed to the FISA Court.
- Corroboration of the Steele dossier was in its “infancy” at the time of the initial Page FISA application – per FBI Counterintelligence Head Bill Priestap.
- Following Steele’s termination by the FBI, a source validation report conducted by an independent unit within the FBI assessed Steele’s reporting as only minimally corroborated.
- While the FISA application relied on Steele’s past record of credible reporting on unrelated matters, it ignored or concealed his anti-Trump financial and ideological motivations.
This more subtle reference to Bill Priestap is potentially telling. As I noted in an earlier piece:
FBI Director Wray read the Memo Sunday. Two FBI officials read the Memo Monday. Yesterday, five more FBI officials were allowed by the White House to review the Memo.
One of these FBI officials may have been counterintelligence head Bill Priestap – which has implications all of its own. If he reviewed the Memo that indicates he’s likely flipped.
Priestap is a critical figure. See Where is Bill Priestap – FBI’s Counterintelligence Head.
5) The Page FISA application mentions information regarding Trump campaign advisor George Papadopoulos.
- There is no evidence of any cooperation or conspiracy between Page and Papadopoulos.
- The Papadopoulos information triggered the opening of an FBI counterintelligence investigation in late July 2016 by FBI agent Peter Strzok.
- Strzok was reassigned by the Special Counsel’s Office to FBI Human Resources for improper text messages with his mistress, FBI Attorney Lisa Page (no known relation to Carter Page).
- Strzok and Page both demonstrated a clear bias against Trump and in favor of Clinton, whom Strzok had also investigated.
- The Strzok/Lisa Page texts reflect extensive discussions about the investigation, orchestrating leaks to the media, and include a meeting with Deputy Director McCabe to discuss an “insurance” policy against President Trump’s election.
This brings me to a question. The FISA application and grant happened on October 21, 2016. How did the FBI legally use prior knowledge of Papadopoulos to open the July 2016 Trump-Russia counterintelligence investigation.
Was whatever information the FBI had on Papadopoulos – slim by all accounts – enough to justify the opening of a full-scale investigation.
I doubt it.
This is just the beginning. There will be much, much more to come.
Don’t forget, the true purpose of this House Memo is to create a path towards full release of all underlying documentation.
And the Inspector General’s report is still to come.
House Intelligence Committee Report On FISA Abuses by The Federalist on Scribd
A Partial (but detailed) Timeline:
- November 2015-April 2016 – The FBI and NSD uses private contractors to access raw FISA information using “To” and “From” FISA-702(16) & “About” FISA-702(17) queries.
- February/March 2016 – Trump’s securing of GOP nomination seen as probable.
- Early March 2016 – Fusion approaches DNC law firm Perkins Coie about being hired to continue opposition research into the Trump Campaign.
- March 21 2016 – Carter Page joins the Trump Campaign as an advisor on foreign policy.
- March 28 2016 – Paul Manafort joins Trump Campaign as campaign convention manager.
- April 2016 – National Security Agency (NSA) Director Rogers orders NSA compliance officer to run full audit on 702 NSA compliance.
- April 2016 – Fusion GPS hired by Perkins Coie on behalf of the DNC.
- April 18 2016 -Mike Rogers shuts down FBI/DOJ contractor access to the FISA Search System.
- April 18 2016 – The FBI discontinues private contractor access to raw FISA information.
- April 19 2016 – Wife of Glenn Simpson (Fusion GPS) Mary Jacoby visits White House.
- April 25 2016 – Two WH meetings between FBI Counsel James Baker and Trisha B Anderson (FBI), Tashina Guahar( DOJ), John T Lynch (DOJ), John (Brad) Wiegmann (DOJ), Alan Rozenshtein (DOJ), Norman (Christopher) Hardee (DOJ), and Iris Lan (DOJ). DOJ attorneys Tashina Guahar, Christopher Hardee, Brad Wiegmann are FISA attorneys.
- April 30 2016 – DNC IT staff reports suspected hacking on its server(s) to FBI but refuses to grant FBI access.
- Late April 2016 – Clinton Campaign begins paying Fusion GPS.
- April/May 2016 – Surveillance of Paul Manafort possibly begins. FISA warrant issued?
- April/May 2016 – Fusion GPS hires Christopher Steele.
- April/May 2016 – Fusion GPS hires Nellie Ohr, wife of DOJ Assoc. Deputy AG Bruce Ohr.
- May 2016 – Trump becomes presumptive GOP Nominee.
- May 19 2016 – Paul Manafort promoted to campaign chairman and chief strategist for Trump Campaign.
- May 23 2016 – Nellie Ohr applies for a HAM Radio license.
- June 2016 – FBI Agent Peter Strzok – and possibly DOJ’s Bruce Ohr – meet with Christopher Steel.
- July 5 2016 – Date that forensics indicate DNC emails were copied by an insider via USB and not hacked.
- June 9 2016 – Glenn Simpson (Fusion GPS) meets with Natalia Veselnitskaya before Trump Jr. meeting.
- June 9 2016 – meeting between Donald Trump Jr., Jared Kushner, Paul Manafort, Rinat Akhmetshin and Natalia Veselnitskaya.
- June 9 2016 – Glenn Simpson meets again with Natalia Veselnitskaya after Trump Jr. meeting.
- June 15 2016 – FBI Agent Strzok changes wording of Clinton charges from “grossly negligent” to “extremely careless”.
- June 27 2016 – AG Loretta Lynch has secret meeting with Bill Clinton on tarmac.
- Late June 2016 – First draft of Trump Dossier shared w/Fusion & possibly FBI’s Strzok.
- Late June 2016 – First FISA 702 Surveillance Authority request made. It is denied. This event is now in question.
- July 2 2016 – FBI Agent Strzok interviews Hillary Clinton.
- July 5 2016 – FBI Director Comey exonerates Clinton.
- July 8 2016 – Andrew McCabe files financial disclosure but does not disclose Democratic PAC donations to wife’s campaign.
- July 19 2016 – Trump officially becomes GOP Nominee.
- July 22 2016 – WikiLeaks publishes DNC emails that show an effort to prevent Bernie Sanders from winning the Democratic presidential nomination.
- July 24 2016 – Clinton Campaign manager Robbie Mook suggests Russian Government is behind release of DNC emails.
- Mid/Late July 2016 – FBI begins counter-intelligence investigation into Russia and Trump.
- Late July – Second draft of Trump Dossier shared with FBI.
- August 2016 – Strzok sends “insurance policy” text referencing Deputy FBI Director McCabe.
- August 19 2016 – Paul Manafort “resigns” from Trump Campaign amidst reports of foreign lobbying efforts.
- August/September 2016 – CIA Director Brennan meets with Gang of Eight suggesting Russia is helping Trump.
- September 2016 – Carter Page resigns from Trump Campaign after a Trip to Moscow in July.
- September 5 2016 – Hillary Clinton accuses Russia of interfering with U.S. election.
- Late September 2016 – Second FISA 702 Surveillance Authority request made.
- September 23 2016 – A Yahoo News article is published by Michael Isikoff based on leaks by Christopher Steele. The article is later used to corroborate the Steele Dossier.
- September 26 2016 – John Carlin, head of DOJ’s National Security Division (NSD), admits to FISC that surveillance included Obama’s political opponents.
- September 27 2016 – John Carlin, head of DOJ’s NSD and involved with FISA requests, announces he is resigning.
- September 28 2016 – Comey claims decision to exonerate Clinton was not made until after her interview with FBI agents.
- September 28 2016 – Comey refuses to answer if FBI is investigating possible connections between members of the Trump campaign and Russia.
- Late September/Early October 2016 – DOJ’s Bruce Ohr provides the FBI with his wife’s opposition research – paid for by the DNC and Clinton campaign via Fusion GPS.
- Late September/Mid-October 2016 – Trump Dossier shopped.
- Early October 2016 – Bruce Ohr meets with Dossier author Christopher Steele.
- Early October 2016 – Bruce Ohr meets with Glenn Simpson (Fusion GPS).
- October 7 2016 – Homeland Security and James Clapper, Director of National Intelligence (DNI), officially accuse the Russian government of hacking the DNC “to interfere with the US election process.”
- October 20 2016 – NSA Rogers briefed by NSA compliance officer on 702 NSA compliance audit.
- October 21 2016 – NSA Rogers shuts down all “About Query” activity. Permanently. Reports activity to DOJ and prepares to go before FISA Court.
- October 21 2016 – DOJ & FBI sought and received a FISA probable cause order (not under Title VII) authorizing electronic surveillance on Carter Page from the FISC.
- October 26 2016 – NSA Rogers personally informs FISA Court of 702(17) violations.
- October 30 2016 – Steele discloses his relationship with the FBI in an October 30, 2016, Mother Jones article by David Corn. The FBI will terminate Steele for this violation.
- Late October 2016 -Defense Secretary Ash Carter and DNI James Clapper recommend to Obama that Admiral Mike Rogers be removed as director of NSA.
- October 2016 – The Obama administration is now monitoring an opposing presidential campaign using federal intelligence services.
- November 17 2016 – NSA Director Admiral Mike Rogers travels to see President-Elect Donald Trump.
- November 17 2016 – Trump Transition Team announces they are moving to Trump National Golf Club.
- November 18 2016 – Sen. John McCain told of the Russian Dossier. A copy is sent to McCain and key aides.
- November 19 2016 – Washington Post reports a recommendation made by DNI James Clapper in October that Mike Rogers be removed from his NSA position.
- December 2 2016 – Kushner discusses back-channel communications with Russian Ambassador Kislyak.
- December 9 2016 – The CIA tells Congress that Russia conducted hacking operations to prevent Hillary Clinton from winning presidency.
- December 9 2016 – Obama orders a full review of Russian-election hacking.
- December 15 2016 – James Clapper signs off on Executive Order 12333 changes impacting the NSA – Obama’s NSA Data-Sharing Order.
- December 22 2016 – General Michael Flynn speaks to unknown Russian officials regarding the Israel resolution.
- December 29 2016 – General Michael Flynn speaks to the Russian Ambassador.
- January 3 2017 – Loretta Lynch signs Section 2.3 of Executive Order 12333 – Obama’s NSA Data-Sharing Order.
- January 6 2017 – Comey briefs President-Elect Trump on existence of “salacious and unverified” Russian “Dossier”.
- January 6 2017 – Within hours of Comey’s meeting with Trump, existence of Dossier leaked by CNN (James Clapper named as possible leaker).
- January 6 2017 – Clapper and Rogers testify before Senate Armed Services Committee. Clapper reaffirms his belief that Russians hacked the election.
- January 10 2017 – U.S. intelligence chiefs Comey, Clapper, Brennan, Rogers brief Obama on Russian “Dossier” and attempts to “influence” Trump.
- January 12 2017 – The NYT reports on Loretta Lynch’s signing of new NSA Rules – and the increased latitude of the NSA to share intercepted communications.
- January 12 2017 – Mike Flynn’s Dec 29 2016 call is leaked to Washington Post. The article portrays Flynn as undermining Obama’s Russian sanctions.
- January 12 2017 – The DOJ’s Office of Inspector General announces initiation of a review into actions taken by the DOJ and FBI in advance of the 2016 election.
- January 12 2017 – The Clinton Global Initiative announces it will close for good on April 15 2017 as donations dry up.
- January 19 2017 – The NYT reports that several agencies — the FBI, CIA, NSA and Treasury are monitoring several associates of the Trump campaign suspected of Russian ties.
- January 19 2017 – Obama’s top intelligence and law-enforcement deputies meet to talk about Flynn’s conversation with Kislyak.
- January 25 2017 – The Department of Justice receives a detailed briefing on Flynn from the FBI.
- January 26 2017 – Sally Yates travels to the White House along with Bill Priestap from the FBI’s Counterintelligence Division to discuss Mike Flynn.
- January 27 2016 – Sally Yates returns to the White House for a second discussion.
- January 27 2017 – President Trump has dinner with FBI Director James Comey.
- January 27 2017 – Former Clinton State Dept. representative George Papadopoulos interviewed by FBI, which results in his eventual indictment.
- January 30 2017 – President Trump fires Acting Attorney General Sally Yates for refusing to enforce the Travel Ban.
- February 2 2017 – Five House Democrat employees (Awans) come under criminal investigation amid allegations they accessed House IT systems.
- February 8 2017 – Jeff Sessions is confirmed as Attorney General.
- February 9 2017 – The NYT and the Post publish articles claiming that General Michael Flynn discussed sanctions with Russian ambassador Kislyak.
- February 13 2017 – Mike Flynn resigns/fired as National Security Advisor.
- February 14 2017 – House Intelligence Chair Devin Nunes says FBI must explain why Flynn was unmasked, recorded and leaked to press.
- February 14 2017 – The NYT – quoting anonymous sources – reports that members of Trump Campaign had “repeated contacts with senior Russian intelligence officials”.
- February 14 2017 – FBI Director Comey has Oval Office meeting with President Trump.
- February 14 2017 – Comey supposedly writes memo claiming President Trump asked Comey to stop the investigation into General Flynn.
- February 16 2017 – President Trump gives solo press conference. Appears to admit to internal sting operation to identify leakers.
- February 27 2017 – House Intelligence Chair Devin Nunes says he has seen absolutely no evidence of Russia-Trump collusion.
- March 1 2017 – NYT inadvertently reports on why Obama Administration wanted last minute NSA Data-Sharing Order – allowed for intra-agency sharing of globally intercepted personal communications.
- March 1 2017 – The Washington Post reports that Attorney General Jeff Sessions had contact twice with the Russian ambassador during the campaign.
- March 2 2017 – Jeff Sessions recuses himself from Russia Inquiry.
- March 2 2017 – The New York Times reports that Mike Flynn and Jared Kushner met with Sergey Kislyak.
- March 2 2017 – MSNBC interview with Obama’s Deputy Assistant Secretary of Defense Evelyn Farkas. Farkas details how intelligence on the Trump Campaign/Team is being gathered and disseminated by the Obama Administration and intelligence agencies
- March 4 2017 – President Trump tweets his now infamous claim that Obama had him wiretapped.
- March 5 2017 – ODNI James Clapper states that he knows of no FISA Warrant approval for Trump Campaign. He would repeat this claim in September.
- March 5 2017 – FBI Director Comey asks the DOJ to refute President Trump’s wiretapping claims. DOJ does not do so.
- March 20 2017 – Comey testifies that he intentionally withheld congressional notification of counter-intelligence investigation into Russia-Trump that began in July of 2016.
- March 21 2017 – Devin Nunes meets a classified source and is shown direct evidence of illegal surveillance on President Trump and Staff.
- March 22 2017 – House Intelligence Chairman Devin Nunes informs President Trump that he believes Trump and Staff were illegally surveilled and unmasked.
- March 22 2017- House Intelligence Chair Devin Nunes demands that the CIA, FBI and NSA disclose the nature of the unlawful surveillance he had uncovered.
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