Thread by @Skip80Cat

1/ Let’s discuss the Schiff memo!

External Tweet loading...
If nothing shows, it may have been deleted
by @jeremyherb view original on Twitter

2/ The memo begins with the premise that the GOP HPSCI abused its powers in attacking the DOJ and FBI, and asserts that the legal criteria was met by the DOJ/FBI in obtaining the FISA warrant for Page.

3/ The Steele Dossier was not the basis in seeking the FISA warrant for Page, as it was tendered after the FISC court was petitioned to obtain that FISA warrant.

4/ The Page FISA warrant was sought after Page left the Trump campaign and the Steele Dossier was not a basis, so much as Page’s own words and conduct provided ample basis for the warrant.

5/ Steele was not paid by the FBI/DOJ, and all disclosures about Steele were provided to the FISC court in the Page FISA warrant application process.

6/ The #NunesMemo selectively relies upon highly classified information, distorts and misrepresents underlying classified documents that Nunes himself never bothered to review. (and which Minority members have not had opportunity to review)

7/ The statement in paragraph 6 above is supported by the document referenced in footnote 1 (not available).

8/ The “profoundly misleading” Nunes Memo was drafted in secret by Devin Nunes and Trey Gowdy, and rushed to a surprise part-line vote with no notice, during an unrelated business meeting of the Committee.

9/ The “overwhelming majority” of Committee Member had not been given access to the underlying classified info and Nunes refused to allow the DOJ or FBI to review the memo until he allowed the FBI director to read it in a secure space late, Sunday, January 28th.

10/ DOJ told truth to FISC court in October 2016 & provided court w all info known to DOJ at time re Page & also that info had been offered to Papadopoulos. It wasn’t until Papadopoulos later pleaded guilty was it learned info offered to Papadoupolos was Hillary’s stolen emails

11/ The Steele info *PLAYED NO ROLE* in launching the FBI’s investigation into Russian interference and was received *7 WEEKS AFTER* the FBI had opened its investigation into “(redacted) individuals linked to the Trump campaign AND former advisor Carter Page”.

12/ 💥Note that the statement in paragraph 11 tells us that since July 2016, a (redacted) number of individuals tied to the Trump campaign were under counter surveillance investigation regarding Russian interference in the election. 💥

13/ FISA was NOT used to spy on Trump or his campaign. Page had left the campaign months prior to the warrant and the initial application by DOJ was not submitted until 3 weeks before the election.

14/ There was probable cause to obtain a FISA warrant for Page, and DOJ had *INDEPENDENT BASIS* to surveil Page, who had an “extensive record as (redacted) prior to joining Trump campaign”, lived in Moscow, pursued business w Gazprom, and was previously recruited by Russian spies

15/ The FBI’s interest in Page “long predate the FBI’s receipt of Steele’s information.”

16/ Page himself provided probable cause when he went to Moscow in July 2016—which was publicly known. The info provided by Steele related only to whom Page met with while there and what he discussed: he met w sanctioned Sechin & Divyekin and discussed lifting US sanctions.

17/ Also, note from paragraph 16 that the FBI considered the Steele information about Page to corroborate facts *ALREADY KNOWN TO THE FBI* via Papadoupolos information, which had nothing to do with Steele. This is *IMPORTANT* because it supports the INEVITABLE DISCOVERY argument.

18/ When a warrant is challenged, the DOJ can overcome that challenge if they can prove that the information gleaned from the warrant (“the fruits”) would have been or were inevitably discovered by investigators, notwithstanding any claim of defective warrant application.

19/ The initial warrant and subsequent renewals were granted by 4 different federal judges, including 2 GW Bush appointees and 1 Reagan appointee. Renewals were granted in January 2017, April 2017, and June 2017, allowing surveillance of Page through late September 2017.

20/ In the subsequent FISA renewals, the DOJ provided *INDEPENDENT INFORMATION* which merely corroborated Steele’s sources about Page’s Moscow meetings. Also, **PAGE LIED IN HIS NOV 2, 2017 TESTIMONY BEFORE THE COMMITTEE** about those meetings.

21/ To be CLEAR: Page initially lied to the Committee about meeting with Dvorkovich and Igor Sechin-tied investor relations chief Andrey Baranov

22/ This next part is heavily redacted. WHY? Because it details the evidence obtained via wiretap during Page’s trip to Moscow. (Think, “hot mic”🧐). It shows that Page “anticipated...repeatedly contacted” (likely, Sechin people) and “presented himself as” (likely, tied to Trump)

23/ It also shows that whatever was captured on the surveillance is inconsistent with what Page told the Committee under oath.

24/ The DOJ was completely transparent with the FISA court about *all matters* relating to Steele, who was not paid for his investigation, but who was paid for his time in briefing the FBI.

25/ Consistent w DOJ policy which requires for the masking of US citizens not under investigation, the DOJ did not unmask those individuals for the FISA court. It is also noted that this practice is in line with the Nunes position taken previously regarding unmasking.

26/ Contrary to the Nunes’ Memo’s false assertion, the DOJ **DID ADVISE THE FISA COURT THAT STEELE HAD BEEN ORIGINALLY HIRED FOR POLITICAL PURPOSES** and that Steele’s work was to be used by US persons to “discredit Trump’s campaign”.

27/ DOJ provided the Court w reasons it viewed Steele to be a reliable & credible witness, consistent with FBI guidelines for assessing same. The DOJ also provided the Court with information regarding its “rigorous process to vet Steele’s allegations, including w regard to Page.”

28/ DOJ timely notified the FISC Court that AFTER the first warrant in October 2016, it terminated Steele bc Steele had made unauthorized disclosures to the media due to his frustration w Comey’s late October announcement regarding Hillary’s emails.

29/ In other words, the Nunes Memo deliberately lied to say that the DOJ failed to make the above disclosures to the FISC Court.

30/ Steele was *NOT PAID* by the FBI for the work he performed on the Dossier. Steele was previously paid as an FBI confidential source on matters not relating to the Russia investigation, and the DOJ informed the Court of that fact. The Nunes Memo blatantly lied about this fact.

31/ The DOJ advised the FISC Court about Papadopoulos to provide the Court with broad context, and never represented to the Court that Papadopoulos and Page were in joint conspiracy. The Nunes Memo deliberately misleads the public by implying the DOJ omitted or mislead the court.

32/ It is true that had the DOJ failed to provide the FISC Court with information about the Russian hacks and the courting of Papadopoulos, it would have been misleading to the Court. The DOJ was required to provide this contextual information.

33/ The Nunes Memo further misleads the public regarding the assertion that the DOJ relied upon a Sept 23, 2016 Yahoo article to get the warrant, when in fact that article and a 2nd article (omitted by Nunes) was used merely to advise the Court that Page had meetings in Moscow.

34/ On this particular issue, I raise a red flag. 🚩Steele was talking to the media and the source of the Yahoo article was Steele. I see no footnote reference to the second article.

35/ Nunes Memo blatantly lied about Bruce Ohr, who, WEEKS AFTER THE ELECTION, informed the FBI of his prior relationship w Steele, and of his wife’s contract with Fusion GPS. There is ZERO evidence that Ohr worked on the FISA matter or that his wife worked on the Steele Dossier.

36/ Ohr did not even do counter-intelligence work and had no knowledge of the Page FISA matter. He debriefed his superiors when he learned information later about the Dossier—again, WEEKS after the election. By then, the DOJ had independently corroborated the Page info.

37/ Nunes Memo’s “gratuitous” assertions about Peter Strzok & Lisa Page are intentionally misleading & irrelevant, and ignore that neither agent served as Affiants for FISA warrants or renewals, and also neglects information about them which proves they criticized all candidates

38/ Recall, it was Strzok who drafted the memo calling Hillary’s handing of emails “careless”, which harmed her greatly at a critical time near the election.

39/ Here are the rest of the footnotes.

40/ Back to my red flag 🚩from paragraph 34. Assuming arguendo that the 2 articles presented by DOJ to the Court were based on info provided by Steele, that does not taint the warrant, because the court considers the *TOTALITY OF CIRCUMSTANCES* before it in granting a warrant.

41/ There was overwhelming independent evidence before the Court—including Page’s own statements and past history—upon which the warrant is justified. To suggest otherwise, given the totality of circumstances before the Court, is disingenuous and misleading.

42/ PAGE THREAD:

External Tweet loading...
If nothing shows, it may have been deleted
by @slsmith000 view original on Twitter

43/ There is clear indication in the Schiff memo that Page was electronically surveilled during the period the FISA warrant was in effect. There is ZERO information in the Schiff memo which supports the notion that Kislyak was electronically monitored at the Mayflower.