Schiff memo damages Democrats argument further on FISA warrants

Andrew McCarthy:

Maybe Adam Schiff has more of a sense of humor than I’d have given him credit for. The House Intelligence Committee’s ranking Democrat begins his long-awaited memo — the minority response to the Nunes memo that was penned by staffers of the committee’s Republican majority — by slamming Chairman Devin Nunes’s unconscionable “risk of public exposure of sensitive sources and methods for no legitimate purpose.” The Schiff memo, which has been delayed for weeks because the FBI objected to its gratuitous effort to publicize highly classified intelligence, including methods and sources, then proceeds to tell its tale through what appear to be scores of blacked-out redactions of information Schiff pushed to expose.

Heavy Reliance on Steele Dossier Confirmed
The FBI and the Justice Department heavily relied on the Steele dossier’s uncorroborated allegations. You know this is true because, notwithstanding the claim that “only narrow use” was made “of information from Steele’s sources,” the Democrats end up acknowledging that “only narrow use” actually means significant use — as in, the dossier was the sine qua non of the warrant application. The memo concedes that the FISA-warrant application relied on allegations by Steele’s anonymous Russian hearsay sources that:

Page met separately while in Russia with Igor Sechin, a close associate of Vladimir Putin and executive chairman of Roseneft, Russia’s state-owned oil company, and Igor Divyekin, a senior Kremlin official. Sechin allegedly discussed the prospect of future U.S.-Russia energy cooperation and “an associated move to lift Ukraine-related western sanctions against Russia.” Divyekin allegedly disclosed to Page that the Kremlin possessed compromising information on Clinton (“kompromat”) and noted the possibility of its being released to Candidate #1’s [i.e., Donald Trump’s] campaign. . . . This closely tracks what other Russian contacts were informing another Trump foreign policy adviser, George Papadopoulos.

This passage puts the lie to two of the main Democratic talking points:

1) This was obviously the most critical allegation against Page. The Democrats attempt to make much of Page’s trip to Moscow in July 2016, but the uncorroborated Sechin and Divyekin meetings, which Page credibly denies, are the aspect of the Moscow trip that suggested a nefarious Trump–Russia conspiracy. That’s what the investigation was about. Far from clandestine, the rest of Page’s trip was well publicized and apparently anodyne. And saliently — for reasons we’ll get to in due course — Page was clearly prepared to talk to the FBI about the trip if the Bureau wanted to know what he was up to.

Moreover, because Page was an American citizen, FISA law required that the FBI and the DOJ show not only that he was acting as an agent of a foreign power (Russia), but also that his “clandestine” activities on behalf of Russia were a likely violation of federal criminal law. (See FISA, Section 1801(b)(2)(A) through (E), Title 50, U.S. Code.) It is the Steele dossier that alleges Page was engaged in arguably criminal activity. The Democrats point to nothing else that does.

2) Democrats implausibly insist that what “launched” the FBI’s counterintelligence investigation was not Steele’s allegations but intelligence from Australia about George Papadopoulos’s contact with what Democrats elusively describe as “individuals linked to Russia.” As we learned when Papadopoulos pled guilty, though, it is anything but clear that these “individuals linked to Russia” had much in the way of links to Putin’s regime: London-based academic Joseph Misfud, who is from Malta and apparently does not speak Russian; an unidentified woman who falsely pretended to be Putin’s niece; and Ivan Timofeev, a program director at a Russian-government-funded think tank.

Even if we assume for argument’s sake that these characters had solid regime connections — rather than that they were boasting to impress the credulous young Papadopoulos — they were patently not in the same league as Sechin, a Putin crony, and Divyekin, a highly placed regime official. And that, manifestly, is how the FBI and the DOJ saw the matter: They sought a FISA warrant on Page, not Papadopoulos. And, as the above-excerpted passage shows, they highlighted the Steele dossier’s sensational allegations about Page and then feebly tried to corroborate those allegations with some Papadopoulos information, not the other way around. (More on that when we get to Schiff’s notion of “corroboration.”)
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There is much more.

The claims of the Democrats get even more laughable toward the end of this long piece.  It absolutely destroys every aspect of the Schiff memo and with it the Democrats defense of the FBI abuse of the FISA courts.

Here is another critical misstep by the FBI and the Democrats:

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So . . . here’s the question: When Steele brought the FBI his unverified allegations that Page had met with Sechin and Divyekin, why didn’t the FBI call Page in for an interview rather than subject him to FISA surveillance? Lest you wonder, this is not an instance of me second-guessing the Bureau with an investigative plan I think would have been better. It is a requirement of FISA law.

When the FBI and DOJ apply for a FISA warrant, they must convince the court that surveillance — a highly intrusive tactic by which the government monitors all of an American citizen’s electronic communications — is necessary because the foreign-intelligence information the government seeks “cannot reasonably be obtained by normal investigative techniques.” (See FISA, Section 1804(a)(6)(C) of Title 50, U.S. Code.) Normal investigative techniques include interviewing the subject. There are, of course, situations in which such alternative investigative techniques will inevitably fail — a mafia don or a jihadist is not likely to sit down with FBI agents and tell them everything he knows. But Carter Page was not only likely to do so, he had a documented history of providing information to the FBI.
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This knocks the wind out of their whole argument for the FISA warrant.  It makes clear that Page was not really the one they needed to snoop on.  He was just being used as a vehicle to get information on others in the Trump campaign and even if Page was no longer a member of that campaign the warrant allowed the FBI to get to his previous communications with the Trump campaign.