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<\/a><\/p>\nTHE WHITE HOUSE<\/p>\n
WASHINGTON
\nFebruary 2, 2018<\/p>\n
The Honorable Devin Nunes<\/p>\n
Chairman, House Permanent Select Committee on Intelligence
\nUnited States Capitol<\/p>\n
Washington, DC 20515<\/p>\n
Dear Mr. Chairman:<\/p>\n
On January 29, 2018, the House Permanent Select Committee on Intelligence (hereinafter ?the
\nCommittee?) voted to disclose publicly a memorandum containing classi?ed information
\nprovided to the Committee in connection with its oversight activities (the ?Memorandum,?
\nwhich is attached to this letter). As provided by clause 11(g) of Rule of the House of
\nRepresentatives, the Committee has forwarded this Memorandum to the President based on its
\ndetermination that the release of the Memorandum would serve the public interest.<\/p>\n
The Constitution vests the President with the authority to protect national security secrets from it
\ndisclosure. As the Supreme Court has recognized, it is the President?s responsibility to classify,
\ndeclassify, and control access to information bearing on our intelligence sources and methods
\nand national defense. See, Dep of Navy v. Egan, 484 US. 518, 527 (1988). In order to
\nfacilitate appropriate congressional oversight, the Executive Branch may entrust classi?ed
\ninformation to the appropriate committees of Congress, as it has done in connection with the
\nCommittee?s oversight activities here. The Executive Branch does so on the assumption that the
\nCommittee will responsibly protect such classi?ed information, consistent with the laws of the
\nUnited States.<\/p>\n
The Committee has now determined that the release of the Memorandum would be appropriate.
\nThe Executive Branch, across Administrations of both parties, has worked to accommodate
\ncongressional requests to declassify speci?c materials in the public interest.1 However, public
\nrelease of classi?ed information by unilateral action of the Legislative Branch is extremely rare
\nand raises signi?cant separation of powers concerns. Accordingly, the Committee?s request to
\nrelease the Memorandum is interpreted as a request for declassi?cation pursuant to the
\nPresident?s authority.<\/p>\n
The President understands that the protection of our national security represents his highest
\nobligation. Accordingly, he has directed lawyers and national security staff to assess the<\/p>\n
1 See, e. S. Rept. 114?8 at 12 (Administration of Barack Obama) (?On April 3, 2014 . . . the Committee agreed to
\nsend the revised Findings and Conclusions, and the updated Executive Summary of the Committee Study, to the
\nPresident for declassi?cation and public release?); H. Rept. 107-792 (Administration of George W. Bush) (similar);
\nE.O. 12812 (Administration of George H.W. Bush) (noting Senate resolution requesting that President provide for
\ndeclassi?cation of certain information Via Executive Order). declassi?cation request, consistent with established standards governing the handling of classi?ed information, including those under Section 3.1(d) of Executive Order 13526. Those
\nstandards permit declassi?cation when the public interest in disclosure outweighs any need to
\nprotect the information. The White House review process also included input from the Of?ce of
\nthe Director of National Intelligence and the Department of Justice. Consistent with this review
\nand these standards, the President has determined that declassification of the Memorandum is
\nappropriate.<\/p>\n
Based on this assessment and in light of the signi?cant public interest in the memorandum, the
\nPresident has authorized the declassi?cation of the Memorandum. To be clear, the
\nMemorandum re?ects the judgments of its congressional authors. The President understands
\nthat oversight concerning matters related to the Memorandum may be continuing. Though the
\ncircumstances leading to the declassi?cation through this process are extraordinary, the
\nExecutive Branch stands ready to work with Congress to accommodate oversight requests
\nconsistent with applicable standards and processes, including the need to protect intelligence
\nsources and methods.<\/p>\n
Sincerely,<\/p>\n
Donald F. McGahn II<\/p>\n
Counsel to the President<\/p>\n
cc: The Honorable Paul Ryan
\nSpeaker of the House of Representatives<\/p>\n
The Honorable Adam Schiff
\nRanking Member, House Permanent Select Committee on Intelligence<\/p>\n
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ssnua <\/p>\n
DeclasSi?ed by order of the President
\nFebruary 2, 2018<\/p>\n
January 18, 2018<\/p>\n
To: HPSCI Majority Members
\nFrom: HPSCI Majority Staff
\nSubject: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the<\/p>\n
Federal Bureau of Investigation<\/p>\n
Purpose<\/p>\n
This memorandum provides Members an update on significant facts relating to the
\nCommittee?s ongoing investigation into the Department of Justice (DOJ) and Federal Bureau of
\nInvestigation (FBI) and their use of the Foreign Intelligence Surveillance Act (F ISA) during the
\n2016 presidential election cycle. Our ?ndings, which are detailed below, 1) raise concerns with
\nthe legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence
\nSurveillance Court (FISC), and 2) represent a troubling breakdown of legal processes established
\nto protect the American people from abuses related to the ISA process.<\/p>\n
Investigation Update<\/p>\n
– On October 21, 2016, DOJ and FBI sought and received a ISA probable cause order
\n(up; under Title VII) authorizing electronic surveillance on Carter Page from the FISC. Page is a
\nUS citizen who served as a volunteer advisor to the Trump presidential campaign. Consistent .
\nwith requirements under FISA, the application had to be ?rst certi?ed by the Director or Deputy
\nDirector of the FBI. It then required the approval of the Attorney General, Deputy Attorney
\nGeneral (DAG), or the Senate?con?rmed Assistant Attorney General for the National Security
\nDivision. <\/p>\n
The FBI and DOJ obtained one initial FISA warrant targeting Carter Page and three FISA
\nrenewals from the FISC. As required by statute (50 U.S.C. a FISA order on an
\nAmerican citizen must be renewed by the ISC every 90 days and each renewal requires a
\nseparate finding of probable cause. Then-Director James Comey signed three FISA applications
\n. in question on behalf of the FBI, and Deputy Director Andrew McCabe signed one.
\nSally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more
\nFISA applications on behalf of <\/p>\n
Due to the sensitive nature of foreign intelligence activity, FISA submissions (including
\nrenewals) before the ISC are classified. As such, the public?s con?dence in the integrity of the
\nFISA process depends on the court?s ability to hold the government to the highest standard??
\nparticularly as it relates to surveillance of American citizens. However, the rigor in
\nprotecting the rights of Americans, which is reinforced by 90?day renewals of surveillance
\norders, is necessarily dependent on the government?s production to the court of all material and
\nrelevant facts. This should include information potentially favorable to the target of the FISA<\/p>\n
PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES<\/p>\n
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application that is known by the government. In the case of Carter Page, the government had at
\nleast four independent opportunities before the FISC to accurately provide an accounting of the
\nrelevant facts. However, our ?ndings indicate that, as described below, material and relevant
\ninformation was omitted.<\/p>\n
1)<\/p>\n
2)<\/p>\n
The ?dossier?- compiled by Christopher Steele (Steele dossier) on behalf of the
\nDemocratic National Committee (DNC) and the Hillary Clinton campaign formed an
\nessential part of the Carter Page FISA application. Steele was a longtime FBI source who
\nwas paid over $160,000 by the DNC and Clinton campaign, via the law ?rm Perkins Coie
\nand research ?rm Fusion GPS, to obtain derogatory information on Donald Trump?s ties
\nto Russia.<\/p>\n
a) Neither the initial application in October 2016, nor any of the renewals, disclose or
\nreference the role of the DNC, Clinton campaign, or. any party\/campaign in funding
\nSteele?s efforts, even though the political origins of the Steele dossier were then
\nknown to senior and FBI of?cials.<\/p>\n
b) The initial FISA application notes Steele was working for a named US. person, but
\ndoes not name Fusion GPS and principal Glenn Simpson, who was paid by a US. law
\n?rm (Perkins Coie) representing the DNC (even though it was known by DOI at the,
\ntime that political actors were involved with the Steele dossier). The application does
\nnot mention Steele was ultimately working on behalf of?and paid by?wthe DNC and
\nClinton campaign, or that the FBI had separately authorized payment to Steele for the
\nsame information. <\/p>\n
The Carter Page FISA application also cited extensively a September 23, 2016, Yahoo
\nNews article by- Michael Isikoff, which focuses on Page?s July 2016 trip to Moscow.<\/p>\n
– This article does not corroborate the Steele dossier because it is derived from information<\/p>\n
leaked by Steele himself to Yahoo News. The Page FISA application incorrectly assesses
\nthat Steele did not directly provide information to Yahoo News. Steele has admitted in
\nBritish court ?lings that he met with Yahoo Newly?and several other. outlets?in
\nSeptember 2016 at the direction of Fusion GPS. Perkins Coie was aware of Steele?s
\ninitial media contacts because they hosted at least one meeting in Washington DC. in
\n2016 with Steele and Fusion GPS where this matter was discussed.”<\/p>\n
a) Steele was suspended and then terminated as an FBI source for what the FBI de?nes
\nas the most serious of violations?an unauthorized disclosure to the media of his
\nrelationship with the FBI in an October 30, 2016, Mother Jones article by David
\nCorn Steele should have been terminated for his previous undisclosed contacts with
\nYahoo and other outlets’ 1n September?before the Page application was submitted to<\/p>\n
PROPERTY OF THE US. HOUSE OF REPRESENTATIVES<\/p>\n
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4)<\/p>\n
the FISC in October-but Steele improperly concealed from and lied to the FBI about
\nthose contacts.<\/p>\n
b) Steele?s numerous encounters with the media violated the cardinal rule of source
\nhandling?maintaining con?dentiality?and demonstrated that Steele had become a
\nless than reliable source for the FBI.<\/p>\n
Before and after Steele was terminated as a source, he maintained contact with DOJ via
\nthen-Associate Deputy Attorney General Bruce 0hr, a senior DOJ of?cial who worked
\nclosely with Deputy Attorneys General Yates and later Rosenstein. Shortly after the
\nelection, the FBI began interviewing 0hr, documenting his communications with Steele.
\nFor example, in September 2016, Steele admitted to 0hr his feelings against then-
\ncandidate Trump when Steele said he ?was desperate that Donald Trump not get
\nelected and was passionate about him not, being president.? This clear evidence of .
\nSteele? bias was recorded by Ohr at the time and subsequently in of?cial FBI ?les?but
\nnot re?ected in any of the Page FISA applications.<\/p>\n
a) During this same time period, Ohr?s wife was employed by Fusion GPS to assist in
\nthe cultivation of opposition research on Trump. Ohr later provided the FBI with all
\nof his wife?s opposition research, paid for by the DNC and Clinton campaign via
\nFusion GPS. The Ohrs? relationship with Steele and Fusion GPS was inexplicably
\nconcealed from the FISC. .<\/p>\n
According to the head of the counterintelligence division, Assistant Director Bill<\/p>\n
Priestap, corroboration of the Steele dossier was in its ?infancy? at the time of the initial<\/p>\n
Page FISA application. After Steele was terminated, a source validation report conducted<\/p>\n
by an independent unit within FBI assessed Steele?s reporting as only minimally<\/p>\n
corroborated. Yet, in early January 2017, Director Comey briefed President-elect Trump<\/p>\n
on a summary of the Steele dossier, even though it was??according to his June 2017<\/p>\n
and unveri?ed.? While the FISA application relied on Steele?s<\/p>\n
past record of credible reporting on other unrelated matters, it ignored or concealed his
\nanti?Trump ?nancial and ideological motivations. Furthermore, Deputy Director<\/p>\n
McCabe testi?ed before the Committee in December 2017 that no surveillance warrant<\/p>\n
would have been sought from the FISC without the Steele dossier information.<\/p>\n
r; .r
\ni. a:
\n3:4 ,af- .9.-<\/p>\n
PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES<\/p>\n
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5) The Page FISA application also mentions information regarding fellow Trump campaign
\nadvisor George Papadopoulos, but there is no evidence of any cooperation or conspiracy
\nbetween Page and Papadopoulos. The Papadopoulos information triggered the opening
\nof an FBI counterintelligence investigation in late July 2016 by FBI agent Pete Strzok.
\nStrzok was reassigned by the Special Counsel?s Office to FBI Human Resources for
\nimproper text messages with his mistress, FBI Attorney Lisa Page (no known relation to
\nCarter Page), where they both demonstrated a clear bias against Trump and in favor of
\nClinton, Whom Strzok had also investigated. The Strzok\/Lisa Page texts also re?ect
\nextensive discussions about the investigation, orchestrating leaks to the media, and
\ninclude a meeting with Deputy Director McCabe to discuss an ?insurance? policy against
\nPresident Trump?s election.<\/p>\n
I<\/p>\n
PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES<\/p>\n","protected":false},"excerpt":{"rendered":"
Washington, DC…The House servers were overwhelmed this morning with requests for the memo. We have updated this article with a complete PDF by clicking the image below THE WHITE HOUSE WASHINGTON February 2, 2018 The Honorable Devin Nunes Chairman, House Permanent Select Committee on Intelligence United States Capitol Washington, DC 20515 Dear Mr. Chairman: On […]<\/p>\n","protected":false},"author":1,"featured_media":52332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_cbd_carousel_blocks":"[]","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[20,5,1],"tags":[],"class_list":["post-52330","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-government","category-news","last_archivepost"],"jetpack_featured_media_url":"https:\/\/new.thepinetree.net\/wp-content\/uploads\/2018\/02\/Chrome-Legacy-Window-222018-94051-AM.jpg","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/52330","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52330"}],"version-history":[{"count":0,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/posts\/52330\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=\/wp\/v2\/media\/52332"}],"wp:attachment":[{"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52330"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52330"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.thepinetree.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52330"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}