Nunes Demands Copies Of FISA Docs About Steele Dossier Warrants; Court Suggests Taking It Up With The FBI
from the god-I-so-hope-Nunes-takes-it-up-with-the-FBI dept
Having already released the memo purportedly showing surveillance abuses committed by the FBI, the legislators behind the release are now getting around to asking for documents to back up the memo's assertions. Bob Goodlatte and Devin Nunes have both asked the FISA court for the paperwork they probably should have looked at before writing and releasing the memo.
Nunes has asked for "transcripts of relevant FISC hearings" related to the FISA warrants predicated largely on assertions made in Steele dossier. Goodlatte has asked applications and orders for the same warrants. The FISA court has replied with two letters stating basically the same thing: thanks for the weird (and inappropriate) question, but maybe take this up the FBI. (h/t Zoe Tillman)
From the letter [PDF] sent by Judge Rosemary Collyer to Devin Nunes:
The Court appreciates the interest of the House Intelligence Committee in its operations and public confidence therein. Before 2018, the Court had never received a request from Congress for documents related to any specific FISA application. Thus, your requests -- and others I have recently received from Congress -- present novel and significant questions. The considerations involve not only prerogatives of the Legislative Branch, but also interests of the Executive Branch, including its responsibility for national security and its need to maintain the integrity of any ongoing law enforcement investigations.
While this analysis is underway, you may note that the Department of Justice possesses (or can easily obtain) the same responsive information the Court might possess, and because of separation of powers considerations, is better positioned than the Court to respond quickly. (We have previously made clear to the Department, both formally and informally, that we do not object to any decision by the Executive Branch to convey to Congress any such information.)
The response [PDF] to Goodlatte pretty much says the same thing. Both letter close with a little bit of shade-throwing.
I expect that [the DOJ and FBI's] handling of your requests will inform the Court as to how the Executive Branch perceives its interests and will assist us in our consideration of the full range of issues…
This seems to suggest the FISA court has noticed (how could it not) the contentious relationship between the FBI and the White House and wants to see how the DOJ handles its end of the paperwork requested by the legislators before proceeding. It also implies the court thinks the White House will sidestep its obligations to preserve the integrity of national security-related obligations if it thinks it can score some political points. If the court really felt like laying on the snark, it might have mentioned the utility of viewing underlying documents before releasing a "damning" memo, rather than attempting to find justification for the memo's accusations after the fact.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: bob goodlatte, devin nunes, doj, fbi, fisa application, fisa court, fisc, nunes memo, rosemary collyer, steele dossier
Reader Comments
Subscribe: RSS
View by: Time | Thread
Reject a Congressional Request, What Could Happen?
[ link to this | view in chronology ]
Re: Reject a Congressional Request, What Could Happen?
TL;DR: We are processing your request, but it would be faster, and extremely helpful to us, if you asked the DOJ in the meantime.
[ link to this | view in chronology ]
Re: Reject a Congressional Request, What Could Happen?
[ link to this | view in chronology ]
Re: Reject a Congressional Request, What Could Happen?
Or not. We all know how slavishly Congress supports national security anything.
[ link to this | view in chronology ]
Re: Re: Reject a Congressional Request, What Could Happen?
[ link to this | view in chronology ]
Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
Well, all I can say is enjoy your illusions!
[ link to this | view in chronology ]
Re: Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
Masnick did not claim quite what you think he did. He claimed the 'big' 13 Russian indictment was underwhelming, mainly because it did not actually reveal anything new. Mainstream media was hype, but the reality did not sell it.
I don't see anyone denying the last month happened. He is in fact specifically noting flaws in the Nunes memo, which requires him to acknowledge its existence.
[ link to this | view in chronology ]
Re: Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
[ link to this | view in chronology ]
Re: Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
[ link to this | view in chronology ]
Re: Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
Nobel Prize-winning genius here in the making, folks...
[ link to this | view in chronology ]
Re: Re: Wow. Techdirt remains militantly uninformed and denying as though the last month never happened.
[ link to this | view in chronology ]
Is Techdirt A Hillary supporter?
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
Is Techdirt A Hillary supporter?
Does every mention of trump need to be followed by an obligatory mention of her emails?
The FBI and DOJ have not been forth comming with any info and until being threatened with contempt only produced the info asked for.
Why would they produce info they weren't asked for?
[ link to this | view in chronology ]
Re: Re: Is Techdirt A Hillary supporter?
I see the dismantling of the rule of law to the applause of the far right continues unabated.
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
It seems you didn't notice, but the election was over quite some time ago.
[ link to this | view in chronology ]
Re: Re: Is Techdirt A Hillary supporter?
It is very clear when you look at all of the stuff the FBI never talks about.
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
As opposed to paragon of unbiased honesty Devin Nunes?
[ link to this | view in chronology ]
Re: Is Techdirt A Hillary supporter?
[ link to this | view in chronology ]
"I've got your back... only so long as you've got mine."
[ link to this | view in chronology ]
Trump and Hillary
Us and them; And after all we're only ordinary men
Me and you; God only knows it's not what we would choose to do
...
Black and blue; And who knows which is which and who is who?
Up and down; And in the end it's only round and round and round
[ link to this | view in chronology ]
Keep carrying their water
[ link to this | view in chronology ]
Re: Keep carrying their water
The article, while interesting, highlights no damming passages, only noting that the FBI seemed more concerned about "leaks" then the actual meeting. I dont have the time to go through the 29 pages. Perhaps you could quote a few passsages that show that they were 'going after' whistleblowers rather than concerned about what the AG might be leaking to the Clintons? The article you linked was ambiguous.
[ link to this | view in chronology ]
Re: Keep carrying their water
[ link to this | view in chronology ]
Re: Re: Keep carrying their water
Judicial Watch is that partisan hack group that tried to sue to get access to NOAA scientists' emails, and based their lawsuit largely on a bogus story published by the Daily Mail's sister tabloid Mail on Sunday. JW's quite far from being reputable.
[ link to this | view in chronology ]
Re: Keep carrying their water
[ link to this | view in chronology ]
Re: Keep carrying their water
https://www.techdirt.com/submitstory.php
[ link to this | view in chronology ]
Re: Keep carrying their water
Really? You don't say?
I guess I'm just imagining all these articles then.
https://www.techdirt.com/articles/20150307/10180630240/doj-isnt-interested-protecting-fbi-whis tleblowers-retaliation.shtml https://www.techdirt.com/articles/20150307/10180630240/doj-isnt-interes ted-protecting-fbi-whistleblowers-retaliation.shtml https://www.techdirt.com/articles/20170517/12422 437396/fbi-insider-threat-program-documents-show-how-little-it-takes-to-be-branded-threat-to-agency. shtml https://www.techdirt.com/articles/20140412/07290526888/fbi-abruptly-walks-out-senate-briefing- after-being-asked-how-insider-threat-program-avoids-whistleblowers.shtml https://www.techdirt.com/ar ticles/20141027/14091028955/fbi-raids-house-second-leaker-who-provided-terrorist-watchlist-documents -to-intercept.shtml
My bad, you are obviously correct and Techdirt is ignoring the issue and has never written a single article about it. Yep. You have surely shown me the truth.
[ link to this | view in chronology ]
Re: Re: Keep carrying their water
Those links did not post how I expected them to. Guess that will teach me for not using 'Preview' first.
Second try:
https://www.techdirt.com/articles/20150307/10180630240/doj-isnt-interested-protecting-fbi-whist leblowers-retaliation.shtml
https://www.techdirt.com/articles/20170517/12422437396/fbi-insider-threa t-program-documents-show-how-little-it-takes-to-be-branded-threat-to-agency.shtml
https://www.techdi rt.com/articles/20140412/07290526888/fbi-abruptly-walks-out-senate-briefing-after-being-asked-how-in sider-threat-program-avoids-whistleblowers.shtml
https://www.techdirt.com/articles/20141027/14091028 955/fbi-raids-house-second-leaker-who-provided-terrorist-watchlist-documents-to-intercept.shtml
[ link to this | view in chronology ]
Re: Keep carrying their water
[ link to this | view in chronology ]
Nunes = If a Meme Became A Real Boy
He just comes across incredibly ignorant of his job and the responsibilities of his position. It really feels like his entire MO is to publish the turd of his prior statements with enough vigor until he finally sees his reflection, thus proving he was the subject of a major conspiracy.
[ link to this | view in chronology ]
Re: Nunes = If a Meme Became A Real Boy
[ link to this | view in chronology ]
This was wrong previously, and it's still wrong
The FISA warrants were NOT predicated largely on assertions made in the Steele memos. They were predicated largely on information that the FBI already had. The Steele memos simply provided them with independent confirmation of what they already knew. Keep in mind that the FBI has its own sources and methods, plus any SIGINT that was shared with it by other US agencies, plus anything shared with them by the ICs of our allies. I doubt there was anything in the Steele memos -- at least not anything important -- that they weren't already aware of. Not a knock on Steele: Steele's good, and he has good sources, but he doesn't have even a fraction of the resources of the combined ICs of the US and FVEYES.
Nunes is pounding on this, as a Trump/Kremlin lackey, for the same reason he pounds on the second source of funding for Steele's work and not the first. Please don't support this disinformation campaign by echoing it.
[ link to this | view in chronology ]
Re: This was wrong previously, and it's still wrong
[ link to this | view in chronology ]
Re: Re: This was wrong previously, and it's still wrong
This is how: "Nunes has asked for "transcripts of relevant FISC hearings" related to the FISA warrants predicated largely on assertions made in Steele dossier."
That's Nunes' talking point, and it's wrong. There do not exist any FISA warrants predicated largely on assertions made in the Steele memos.
(And if you think about it, there shouldn't be. From the FBI's point of view, Steele is just some guy -- maybe a smart guy, maybe a guy with a reputation, maybe a guy with a track record of being right -- but he's just some guy. They're not about to go into court asking for a FISA warrant and tell the judge "well, no, WE don't have much, but we know a guy who told us...". That's not how it works.)
Nunes is hammering away on this point because he knows damn well that the FISA surveillance has some very nasty stuff. He wants to discredit that by discrediting the warrant. He wants to discredit the warrant by discrediting the FBI. He wants to discredit the FBI by discrediting Steele. He wants to discredit Steele by discrediting one of the sources of funding for his work. It's all bullshit designed to protect Trump. Moreover, it's OBVIOUS bullshit, which is a good sign of just how desperate Nunes is.
One might reasonably wonder why that's so, and one might also reasonably wonder what Nunes is so afraid of.
[ link to this | view in chronology ]
At this point, what difference does it make?
[ link to this | view in chronology ]
Paper pushing finger pointing..
wouldn't asking SOMEONE WITH ABIT MORE power AND RESPONSIBILITY be worth asking??
They might be quicker to get the info then going direct.
Isnt this something our ELECTED officials SHOULD BE ASKING/KNOWING??
WHO in our elected Gov. is doing THEIR JOBS?? and not fighting against STUPID INFORMATION and laws..
[ link to this | view in chronology ]
Re: Paper pushing finger pointing..
[ link to this | view in chronology ]
Re: Re: Paper pushing finger pointing..
I appreciate the concern and comment.
And may your Hemorrhoids be blessed also..
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
According to trollogic, anything that isn't alt-right bias must therefore be liberal bias.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
"Oh NOW you want to look at the documents..."
"You know, if you wanted the documents you should have had before writing a political hit-piece, you could always go talk to the agency you tried to stab in the back. I'm sure they'd be thrilled to get you some copies..."
It's undeniable I've had serious objections to FISA's actions in the past, but the 'maybe you should have thought of that before' on display here is a thing of beauty.
[ link to this | view in chronology ]
But all the other forums I've posted in, people treat me like dirt. Which is so wrong: I'm supposed to treat them like dirt!
I am home at last. I hate Bill Gates; everyone who has ever run for president except Vladimir Putin and Rauel Castro; Freddy Hill who made fun of me in kindergarten; members of the Plutocrat, Demagogue, and Irrational Socialite parties; people of Zuni, Khoi-San, and Germanic descent; carpenters, civil engineers, and barley farmers.
The way this is supposed to work, every future post by anyone has to heap abuse on at least one person on my hate list, right?
I'm really going to enjoy this. And if you don't hate anyone on my list enough, I can add you to the list. You can never have too many people to hate.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
But we love you!
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]