Pretty much as expected the Nunes memo exposed the fact that the FBI/DOJ sought FISA warrants on the basis of a dossier which they knew was the product of people retained by the Clinton campaign. And, apparently, they failed to disclose the dossier’s origins to the FISA Court.
There is a lot of partisan back and forth about the appropriateness of the memo and whether it is factually correct and if it discloses all the facts; but none of that matters. The simple, non-partisan and non-disputed pith of the thing is that the FBI/DOJ used unvetted evidence from a questionable source to obtain the Court’s permission to spy on an American citizen.
As I said in my earlier post, this memo is the beginning of a process. It opens the door for further and deeper investigation. While it should lead to the appointment of special counsel to look at actual crimes – fraud upon the Court is an actual crime – I doubt the memo, in itself, will be enough. The Democrats and the mainstream media are going to fight every step of the way because they know that once a special counsel is appointed it is only a matter of time before the misconduct of the FBI/DOJ with respect to the Clinton email server and the Clinton Foundation comes to light. And they also know that the behaviour of the Obama White House with respect to the unmasking of American persons (for no good national security reason) will be scrutinized. And the behavior of the DOJ with respect to the Clinton server and the IRS investigations. And so on. The term “can of worms” barely begins to cover what will occupy much of political Washington over the next couple of years.
It is too early to tell if the assertions in the Nunes memo as to the misconduct of the FBI/DOJ before the FISA Court will affect the Mueller investigation. I have no doubt that lawyers for Flynn, Manafort and Gates will be suggesting that the evidence against their clients is tainted by this misconduct; but that is a long bow to draw on today’s disclosures. A position which may change as more information surfaces.
As usual, the big winner in today’s revelations is Donald Trump. He said he’d been wire tapped and was laughed at. The memo does not say Trump was wiretapped, but it does suggest that the FBI/DOJ was not above using phoney documents to surveil a minor member of Trump’s campaign team. Which, in its turn, suggests that Trump claiming to have been wiretapped is not such a crazy, outlandish thing to say.