It was noted –and reported– yesterday, that House Intelligence Committee Chairman Devin Nunes sent a letter (full pdf below) to FBI Director Christopher Wray and Asst. Attorney General Rod Rosenstein demanding un-redacted FBI origination documents surrounding the beginning of the July 2016 counterintelligence operation against candidate Donald Trump, and the FISA application stemming from that investigation.
The issues surrounding the declassification of the FISA application and subsequent FISA warrant against Carter Page are not new. The new aspect within the Nunes demand relates to a request for the intelligence community “electronic communication” (EC) that kicked off the initial FBI counterintelligence op. Within that new line of inquiry the subject of interest is ultimately former CIA Director John Brennan.
However, there are issues here; serious issues, and likely only those who are deep in the weeds of this entire dynamic are going to understand. There are VERY valid reasons why the FBI (Wray) and DOJ (Rosenstein) would push back against HPSCI Chairman Devin Nunes. It’s complicated, and we’ll try to unpack.
Begin by noting on page two of the Nunes request, Paragraph #3, something that all media writing about the Nunes demand seem to overlook. Screengrab below:
Chariman Nunes takes exception to the origination documents being redacted for his committee review while noting that “multiple members of other committees have been the beneficiaries of such access”, this is a key aspect that outlines the motive for the FBI and DOJ to proceed cautiously with the HPSCI.
From earlier research and congressional letters we know House Judiciary Chairman Bob Goodlatte, holding direct statutory oversight over the DOJ, is working closely with DOJ Inspector General Michael Horowitz. It almost a certainty the committee Nunes is referring to that has been allowed access is Goodlatte’s Judiciary Committee. However, the DOJ/FBI are reluctant to share the same information with Nunes HPSCI committee.
Remember, at the instruction and authority of Attorney General Jeff Sessions, Inspector General Michael Horowitz and Federal Prosecutor John Huber are investigating the DOJ (National Security Division) and FBI (counterintelligence unit: Priestap/Strzok) in their conduct toward the FISA court; and the potential for unlawful abuse of the process therein. As such, the FISA material is now much more than a controversial political matter, it is in the purview of an ongoing criminal investigation (Huber).
Secondly, and perhaps more importantly – yet more challenging to understand, the origination documents [“electronic communication” (EC)] surround another important aspect that directly relates to CIA Director John Brennan and his earlier testimony to congress about the origination of the FBI’s Counterintelligence Operation against Trump.
Most media and pundits discussing this issue have likely forgotten how John Brennan explained his role on May 23rd, 2017. THIS IS CRITICAL.
On March 20th, 2017, FBI Director James Comey stated he did not inform congressional oversight about the FBI counterintelligence operation against Trump, that began in July 2016, at the recommendation of his counterintelligence division head Bill Priestap, and due to “the sensitivity of the matter”. {GO DEEP}
Two months later, May 23rd, 2017, former CIA Director John Brennan testified in his opening statement to congress that, in addition to providing intelligence to the FBI, he personally informed the “Congressional Gang of Eight” of the underlying raw intelligence.
Pay very close attention to the segment at 13:35 of this video of Brennan’s testimony:
Brennan: [13:35] “Third, through the so-called Gang-of-Eight process we kept congress apprised of these issues as we identified them.”
“Again, in consultation with the White House, I PERSONALLY briefedthe full details of our understanding of Russian attempts to interfere in the election to congressional leadership; specifically: Senators Harry Reid, Mitch McConnell, Dianne Feinstein and Richard Burr; and to representatives Paul Ryan, Nancy Pelosi, Devin Nunes and Adam Schiff between 11th August and 6th September [2016], I provided the same briefing to each of the gang of eight members.”
“Given the highly sensitive nature of what was an active counter-intelligence case [that means the FBI], involving an ongoing Russian effort, to interfere in our presidential election, the full details of what we knew at the time were shared only with those members of congress; each of whom was accompanied by one senior staff member.”…
In essence John Brennan told congress he informed: Paul Ryan, Nancy Pelosi, Devin Nunes, Adam Schiff, Mitch McConnell, Harry Reid, Dianne Feinstein and Richard Burr of the same intelligence information he delivered to FBI Director James Comey and ODNI James Clapper. According to his testimony those briefings were between the 11th of August and 6th of September 2016.
So Devin Nunes is asking for the “electronic communication” (EC) documents that initiated the July 2016 FBI counterintelligence operation, while seemingly having been briefed by CIA Director John Brennan on the substance of the material in Aug/Sept 2016?
And the FBI/DOJ are reluctant to share with the HPSCI (Nunes) the same information they are willing to share with the House Judiciary (Goodlatte).
Why would that be?
Simple answer, the HPSCI is compromised.
Documentation ie paper trail casts a wider and wider net, shame some of them were just bagmen but will go down anyway.
It’s embarrassing that various departments of the government (when operating honestly) cannot entrust information with the Congressional committees that have a right to see it because of the risk of leaks and abuse. This is another part of the “legacy” of Obama. The government cannot ever trust itself.