House Intelligence Committee Minority Response to Release of “Misleading Memo”

Washington, February 2, 2018 

Washington, DC – Today, the Minority of the House Permanent Select Committee on Intelligence responded to the release of HPSCI Chairman Nunes’ memo:

“Chairman Nunes’ decision, supported by House Speaker Ryan and Republican Members of the House Permanent Select Committee on Intelligence, to publicly release misleading allegations against the Department of Justice and Federal Bureau of Investigation is a shameful effort to discredit these institutions, undermine the Special Counsel’s ongoing investigation, and undercut congressional probes. Furthermore, their refusal to allow release of a comprehensive response memorandum prepared by Committee Democrats is a transparent effort to suppress the full truth.

“As the DOJ emphasized to Chairman Nunes, the decision to employ an obscure and never before used House rule to release classified information without DOJ and FBI vetting was ‘extraordinarily reckless.’ The selective release and politicization of classified information sets a terrible precedent and will do long-term damage to the Intelligence Community and our law enforcement agencies. If potential intelligence sources know that their identities might be compromised when political winds arise, those sources of vital information will simply dry up, at great cost to our national security.

“The Republican document mischaracterizes highly sensitive classified information that few Members of Congress have seen, and which Chairman Nunes himself chose not to review. It fails to provide vital context and information contained in DOJ’s FISA application and renewals, and ignores why and how the FBI initiated, and the Special Counsel has continued, its counterintelligence investigation into Russia’s election interference and links to the Trump campaign. The sole purpose of the Republican document is to circle the wagons around the White House and insulate the President. Tellingly, when asked whether the Republican staff who wrote the memo had coordinated its drafting with the White House, the Chairman refused to answer.

“The premise of the Nunes memo is that the FBI and DOJ corruptly sought a FISA warrant on a former Trump campaign foreign policy adviser, Carter Page, and deliberately misled the court as part of a systematic abuse of the FISA process. As the Minority memo makes clear, none of this is true. The FBI had good reason to be concerned about Carter Page and would have been derelict in its responsibility to protect the country had it not sought a FISA warrant.

“In order to understand the context in which the FBI sought a FISA warrant for Carter Page, it is necessary to understand how the investigation began, what other information the FBI had about Russia’s efforts to interfere with our election, and what the FBI knew about Carter Page prior to making application to the court – including Carter Page’s previous interactions with Russian intelligence operatives. This is set out in the Democratic response which the GOP so far refuses to make public.

“The authors of the GOP memo would like the country to believe that the investigation began with Christopher Steele and the dossier, and if they can just discredit Mr. Steele, they can make the whole investigation go away regardless of the Russians’ interference in our election or the role of the Trump campaign in that interference. This ignores the inconvenient fact that the investigation did not begin with, or arise from Christopher Steele or the dossier, and that the investigation would persist on the basis of wholly independent evidence had Christopher Steele never entered the picture.

“The DOJ appropriately provided the court with a comprehensive explanation of Russia’s election interference, including evidence that Russian agents courted another Trump campaign foreign policy adviser, George Papadopoulos. As we know from Papadopoulos’ guilty plea, Russian agents disclosed to Papadopoulos their possession of stolen Clinton emails and interest in a relationship with the campaign. In claiming that there is ‘no evidence of any cooperation or conspiracy between Page and Papadopoulos,’ the Majority deliberately misstates the reason why DOJ specifically explained Russia’s role in courting Papadopoulos and the context in which to evaluate Russian approaches to Page.

“The Majority suggests that the FBI failed to alert the court as to Mr. Steele’s potential political motivations or the political motivations of those who hired him, but this is not accurate. The GOP memo also claims that a Yahoo News article was used to corroborate Steele, but this is not at all why the article was referenced. These are but a few of the serious mischaracterizations of the FISA application. There are many more set out in the Democratic response, which we will again be seeking a vote to release publicly on Monday, February 5th. Unlike Committee Republicans, however, we will ask the relevant agencies to propose any necessary redactions to protect any sources and methods not already disclosed by Chairman Nunes’ document.

“It is telling that Chairman Nunes put out this memo without bothering to read the underlying materials, and that he ordered changes to the document without informing his own committee members. It is a terrible lapse in leadership that Speaker Ryan failed to intervene and prevent the abuse of classified materials in this way. It is tragic, if all too predictable, that this President would allow the release of the memo despite FBI and DOJ’s expressions of ‘grave concerns about material omissions of fact that fundamentally impact the [Republicans’] memo’s accuracy’. But most destructive of all may be the announcement by Chairman Nunes that he has placed the FBI and DOJ under investigation, impugning and impairing the work of the dedicated professionals trying to keep our country safe.”

The memo and letter from the White House can be found here.

ReleaseTheMemo: Another Delay Looms as Schiff Claims Memo Has Been Altered

Chuck Schumer reacts:

Earlier, Eric Holder chimed in, calling the memo nonsense:

Meanwhile, the full transcript of the meeting of the Intelligence Committee that voted to release the memo has been published online:

BUSINESS MEETING
Monday, January 29, 201’8
U.S. House.of Representatives,
Permanent Select Committee on Intelligence,
Washington, D.C.

http://docs.house.gov/meetings/IG/IG00/20180129/106822/HMTG-115-IG00-Transcript-20180129.pdf

 

Releasethememo: FBI (now sourced) and Devin Nunes Statements

Washington, D.C.
FBI National Press Office
(202) 324-3691
January 31, 2018

FBI Statement on HPSCI Memo

The FBI takes seriously its obligations to the FISA Court and its compliance with procedures overseen by career professionals in the Department of Justice and the FBI. We are committed to working with the appropriate oversight entities to ensure the continuing integrity of the FISA process.

With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it. As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.

Nunes Statement on FBI, DOJ Objections to Release of HPSCI Memo
Washington, January 31, 2018

House Permanent Select Committee on Intelligence Chairman Devin Nunes issued the following statement today:

“Having stonewalled Congress’ demands for information for nearly a year, it’s no surprise to see the FBI and DOJ issue spurious objections to allowing the American people to see information related to surveillance abuses at these agencies. The FBI is intimately familiar with ‘material omissions’ with respect to their presentations to both Congress and the courts, and they are welcome to make public, to the greatest extent possible, all the information they have on these abuses. Regardless, it’s clear that top officials used unverified information in a court document to fuel a counter-intelligence investigation during an American political campaign. Once the truth gets out, we can begin taking steps to ensure our intelligence agencies and courts are never misused like this again.”

“Release the Memo” Memes: Twitter Funnies

Jordan Peterson & Ben Shapiro: The Frontline of Free Speech

View this episode of The Rubin Report, recorded live on Jan. 31, 2018:

Jordan Peterson and Ben Shapiro join Dave Rubin for a live discussion about postmodernism, Trump, conservatism, free speech, and rules for life.

Renowned psychologist Jordan B. Peterson’s new book is currently a bestseller. What does everyone in the modern world need to know? Peterson’s answer to this most difficult of questions uniquely combines the hard-won truths of ancient tradition with the stunning revelations of cutting-edge scientific research.

Ben Shapiro entered UCLA at the age of sixteen and graduated summa cum laude and Phi Beta Kappa, and graduated Harvard Law School cum laude. At seventeen, Shapiro was hired by Creators Syndicate, becoming the youngest nationally syndicated columnist in the United States. He has appeared on hundreds of television and radio shows and is the author of the national bestsellers Brainwashed: How Universities Indoctrinate America’s Youth, Porn Generation: How Social Liberalism Is Corrupting Our Future, and Project President: Bad Hair and Botox on the Road to the White House. Shapiro is married and lives in Los Angeles.

Democracy 21: Watchdogs Challenge Irresponsible Nunes Memo that Trump Reportedly May Use to Get Rid of Deputy AG Rosenstein

January 29, 2018

Watchdogs Challenge Nunes Memo that Trump Reportedly May Use to Get Rid of Deputy AG Rosenstein, A Key Player in Russia/Trump Investigation

Watchdogs also Call on Speaker Ryan to Remove Nunes from Any Further Participation in Russia/Trump Investigation

Sixteen watchdog groups and individuals sent a letter to House Speaker Ryan today challenging the so-called “Nunes memo” as irresponsible. The letter called on Speaker Ryan “to act promptly to remove Chairman Nunes from any further participation in any aspect of the Russia investigation.”

The letter also noted reports that President Trump may use the Nunes memo to get rid of Deputy Attorney General Rod Rosenstein. Deputy AG Rosenstein is a key player in the Russia/Trump investigation and has final responsibility at the Justice Department for overseeing the Mueller Special Counsel investigation.

The letter to Speaker Ryan stated:

Published reports state that the Nunes memo specifically alleges abuses by FBI Deputy Director Andrew McCabe and Deputy Attorney General Rod Rosenstein, who is in charge of overseeing the Mueller investigation.

According to a Washington Post article (January 27, 2018), “The president has told close advisers that the memo is starting to make people realize how the FBI and the Mueller probe are biased against him, and that it could provide him with grounds for either firing or forcing Rosenstein to leave, according to one person familiar with his remarks.”

The letter further stated:

According to a New York Times article (January 28, 2018), “Mr. Trump has long been mistrustful of Mr. Rosenstein, the Justice Department’s No. 2 official, who appointed the special counsel, Robert S. Mueller III, and now oversees his investigation into Mr. Trump’s campaign and possible obstruction of justice by the president. Mr. Trump considered firing Mr. Rosenstein last summer. Instead, he ordered Mr. Mueller to be fired, then backed down after the White House counsel refused to carry out the order, The New York Times reported last week. Mr. Trump is now again telling associates that he is frustrated with Mr. Rosenstein, according to one official familiar with the conversations.”

On January 25, 2018, Senator Warner, Ranking Member on the Senate Intelligence Committee,  said, “Any attempt to remove the Special Counsel, pardon key witnesses, or otherwise interfere in the investigation, would be a gross abuse of power, and all members of Congress, from both parties, have a responsibility to our Constitution and to our country to make that clear immediately.”

According to the letter to Speaker Ryan:

Given that he was a member of President Trump’s transition team, Chairman Nunes has had an inherent conflict of interest from the outset in participating in an investigation into the activities of Trump campaign officials and Trump associates. For that reason, Chairman Nunes never should have been put in charge of the Committee’s Russia investigation. This was clearly demonstrated in March when Chairman Nunes engaged in a knowing deception of the American people in trying to provide cover for President Trump.

The letter stated:

Given this blatantly inappropriate action, in which Chairman Nunes engaged in a knowing deception of the American people, you as Speaker should have required him to permanently step away from the Russia investigation at that time.

Instead, Chairman Nunes is still involved in the Russia investigation and has continued to abuse his position. He has shown little interest in getting to the bottom of Russian interference in the 2016 elections, which is the purpose of the Committee investigation.

According to the letter:

In his latest effort, Chairman Nunes and his staff have prepared a classified document that reportedly claims abuses have been committed by FBI and Justice Department officials. This undisclosed document has been used by outside Trump supporters to attack Special Counsel Mueller, the Justice Department and the FBI, and to demand that the classified document be publicly released.

The letter also noted that “Chairman Nunes has reportedly refused to make his memo available to the Justice Department and the FBI to review.”

According to the letter:

On January 24, 2018, Department of Justice Assistant Attorney General Stephen Boyd sent a letter to Chairman Nunes about the classified memo. The letter stated, “We believe it would be extraordinarily reckless for the Committee to disclose such information publicly without giving the Department [of Justice] and the FBI the opportunity to review the memorandum and to advise the HPSCI on the risk of harm to national security and to ongoing investigations that could come from public release.”

The letter from the Justice Department further stated, “Additionally, we believe that wider distribution of the classified information presumably contained within your memorandum would represent a significant deviation from the terms of access negotiated in good faith by the Department, HPSCI, and the office of Speaker Paul Ryan.”

The letter to Speaker Ryan stated:

Under these circumstances, it would be wrong to release the irresponsible Nunes memo to the public – a memo which is, according to the Justice Department, based on underlying documents that Chairman Nunes hasn’t read, and that represents a violation of the agreement that you and Chairman Nunes made with the Justice Department.

The letter concluded:

Nevertheless, if the memo is wrongly released or leaked to the public, in whole or in part, then as Speaker, it is your institutional responsibility to the American people to ensure that all information necessary to determine the truth and accuracy of the Nunes memo is also quickly made available to the public, consistent with legitimate restrictions on the release of classified and sensitive law enforcement information. We call on you to meet this obligation.

We also call on you to act promptly to remove Chairman Nunes from any further participation in any aspect of the Russia investigation.

Signers of the letter are:

American Oversight

Coalition to Preserve, Protect and Defend

Common Cause

CREW

Demand Progress Action

Democracy 21

Equal Justice Society

Free Speech for People

Justin Hendrix

Kathleen Clark

MoveOn.org

Amb. (ret.) Norman Eisen, chief White House ethics lawyer, 2009-2011

People for the American Way

Public Citizen

Revolving Door Project

Richard Painter, chief White House ethics lawyer, 2005-2007

Attachments: (1 total)

Intelligence Committee to Meet at 5 pm According to HPSCI Calendar

The United States House Permanent Select Committee on Intelligence (HPSCI) is a committee of the United States House of Representatives, currently chaired by Congressman Devin Nunes (California). Created in 1977, HPSCI is charged with oversight of the United States Intelligence Community—which includes the intelligence and intelligence-related activities of the following seventeen elements of the U.S. Government—and the Military Intelligence Program.

January 29 at 5 pm:

Meeting: Full Committee Business Meeting: Consideration of Pending Committee Business and Other Matters

Permanent Select Committee on Intelligence


There is no published agenda other than “pending committee business and other matters.”

The agenda indicates it will be a full committee, so these are the reps that should be there for the meeting.

Speculation continues that the committee will vote on the release of the controversial memo written by Chair Devin Nunes.

HPSCI Majority Members

HPSCI Minority Members

Adam Schiff, Ranking Member
28th District of California
Jim Himes
4th District of Connecticut
Terri Sewell
7th District of Alabama
Andre Carson
7th District of Indiana
Jackie Speier
14th District of California

Mike Quigley
5th District of Illinois

Eric Swalwell
15th District of California

Joaquin Castro
20th District of Texas

Denny Heck
10th District of Washington

And from Twitter today:

“Release the Memo” Firsthand Reports; Wikileaks Offers $1million Reward

People’s State of the Union Resistance Event to be Livestreamed

Public alternative to Donald Trump’s State of the Union Address.

Monday, January 29 at 8 PM – 10 PM EST

*** The #PeoplesSOTU event will be Livestreamed here: peoplessotu.org ***

Leaders of the Resistance Movement are coming together to host The People’s State of the Union, a hopeful, public alternative to Trump’s State of the Union speech the following evening.

The #PeoplesSOTU will celebrate the remarkable growth and success of the Resistance Movement and outline a plan of action for the coming year — focusing on voter rights, voter registration, and voter turnout. Together, we will win back our country!

Andra Day and Common will perform their Grammy and Oscar-nominated song “Stand Up for Something” from Marshall. Participants include Mark Ruffalo, Whoopi Goldberg, Cynthia Nixon, Michael Moore, Kathy Najimy,Wanda Sykes, Rufus Wainwright, Lee Daniels, Rosie Perez, John Leguizamo, Fisher Stevens, and representatives from United We Dream,Stand Up America, MoveOn.org, CREDO Mobile, AFSCME, , Women’s March, Planned Parenthood Action, Indivisible Guide, SEIU, AFT – American Federation of Teachers, 350.org, People For the American Way, Food & Water Watch, Bend the Arc Jewish Action, and other organizations.

The #PeoplesSOTU event can be livestreamed here: peoplessotu.org

Disclaimer: By choosing to attend this event, you are committing to participate non-violently and in accordance with the law, to work to de-escalate confrontations with others, and to obey the orders of authorized event marshals and of law enforcement. You also acknowledge that you are solely responsible for any injury or damage to your person or property resulting from or occurring during this event, and that you release all event sponsors and organizers (and their officers, directors, employees, and agents) from any liability for that injury or damage.

The People’s State of the Union will be at The Town Hall 123 W 43rd St, New York, NY 10036 at 8pm. Purchase tickets at http://bit.ly/PeoplesSOTUTix. Ticket Code: LETSWIN

Justice Department Files Statement of Interest in California College Free Speech Case

Photo: Ben Shapiro was one of the high-profile speakers hosted by YAF this year at UC Berkeley. The event prompted counter-protests, a high level of security, and offers of counseling for students who did not feel safe.
Department of Justice
Office of Public Affairs
Thursday, January 25, 2018

The Department of Justice filed a Statement of Interest in Young America’s Foundation and Berkeley College Republicans v. Janet Napolitano. The plaintiffs, Berkeley College Republicans (BCR) and Young America’s Foundation (YAF), allege that the University of California, Berkeley, enforced a double standard when applied to free speech. BCR alleges that UC Berkeley applied a more rigorous and highly discretionary set of rules to their organization compared to other campus groups, especially with respect to “high-profile” campus speakers.

The plaintiffs filed the lawsuit as a result of excessive hurdles BCR faced in bringing speakers of their choice onto campus. They allege that UC Berkeley’s High Profile Speaker Policy and Major Events Policy violated their rights under the First and Fourteenth Amendments.

In their lawsuit, the plaintiffs allege that Berkeley’s “High-Profile Speaker Policy” granted administrators unfettered discretion to decide which speakers are subject to arduous curfews, prohibitive security costs, or undesirable venues. In one instance, administrators—who had full discretion to determine who constituted a “high-profile speaker”—established a 3:00 pm “curfew” that conflicted with class times.

While the plaintiffs attempted to book speakers under the restrictions of the “High-Profile Speaker Policy,” a former president of Mexico and a former White House adviser were hosted at the University, but University administrators did not apply the High-Profile Speakers Policy to those events.

Berkeley counseling for impact speakers “have on individuals’ sense of safety & belonging”

In filing the Statement of Interest, Associate Attorney General Rachel Brand provided the following statement:

“This Department of Justice will not stand by idly while public universities violate students’ constitutional rights.”

In addition to the statement, Associate Attorney General today penned an op-ed(link is external) on the issue of campus free speech.

This is the third Statement of Interest filed by the Department of Justice in a First Amendment case under Attorney General Jeff Sessions. The first was filed on September 26, 2017 in Uzuegbunam v. Preczewski, and the second was filed on October 24, 2017 in Shaw v. Burke.

Attorney General Sessions reestablished the Department’s commitment to protecting First Amendment rights—especially campus free speech– in a speech at Georgetown Law School in 2017.

In 2014, Six Iranians Arrested for this Video Dancing to “Happy”

From 2014:

Six Iranians arrested for appearing in a video dancing to Pharrell Williams’ song Happy have been sentenced to up to one year in prison and 91 lashes, their lawyer says.

The sentences were suspended for three years, meaning they will not go to prison unless they reoffend, he adds.

The video shows three men and three unveiled women dancing on the streets and rooftops of Tehran. In six months, it has been viewed by over one million people on YouTube. The majority of people involved in the video were sentenced to six months in prison, with one member of the group given one year, lawyer Farshid Rofugaran was quoted by Iran Wire as saying.

Iconic Photo of Woman Freeing Herself of Hijab Becomes Symbol of Iran Protests

The “Happy we are from Tehran” video was brought to the attention of the Iranian authorities in May, after receiving more than 150,000 views. Members of the group behind the video were subsequently arrested by Iranian police for violating Islamic laws of the country, which prohibit dancing with members of the opposite sex and women from appearing without a headscarf. They later appeared on state-run TV saying they were actors who had been tricked into make the Happy video for an audition.

The arrests drew condemnation from international rights groups and sparked a social media campaign calling for their release. Williams, whose song was nominated for an Oscar earlier this year, also protested at the arrests. “It is beyond sad that these kids were arrested for trying to spread happiness,” he wrote on Facebook.

“Death of Stalin”: Satirical Film Not to be Distributed in Russia: Denies it is Censorship

© filmpro.ru

KAZAN, January 25. /TASS/. Withdrawing of the distribution certificate for The Death of Stalin movie has nothing to do with censorship, Russian Presidential Spokesman Dmitry Peskov told reporters.

“I don’t agree that it is a manifestation of censorship,” he said.

Russian Culture Ministry yanks distribution certificate for The Death of Stalin

January 23, 18:52UTC+3

 

The Death of Stalin, a British-French political satire film directed by Armando Iannucci, is based on a graphic novel by Fabien Nury and Thierry Robin

MOSCOW, January 23. /TASS/. The Russian Cultural Ministry has decided to withdraw the distribution certificate for the British-French political satire film The Death of Stalin, Acting Director of the ministry’s Cinema Department Olga Lyubimova told TASS on Tuesday.

On Monday, a public screening of the picture took place, attended by film industry figures, State Duma (lower house of parliament) MPs, representatives of the Russian Historical Society as well as members of the Culture Ministry’s Public Board. According to the Board’s head Yuri Polyakov, the movie should not be screened in Russia as it seems to be a tool for “ideological struggle.” He pointed out that, “nobody spoke out in favor of the film as a work of art.” The movie industry people who watched the flick requested the Culture Ministry yank its distribution credentials.

“The distribution certificate for The Death of Stalin has been withdrawn,” a spokesperson for the Culture Ministry said.

A group of the Russian Culture Ministry’s lawyers earlier requested Culture Minister Vladimir Medinsky yank the distribution certificate for The Death of Stalin, citing the film’s extremist nature.

“The Death of Stalin is aimed at inciting hatred and enmity, violating the dignity of the Russian (Soviet) people, promoting ethnic and social inferiority, which points to the movie’s extremist nature,” the attorneys said. “According to the rules of issuance and withdrawal of film distribution credentials, such a certificate must be withdrawn in case a movie contains information the dissemination of which is prohibited by Russian legislation,” the address says.

According to the lawyers, the film portrays some historical characters, including Soviet Marshal Georgy Zhukov, in a distorted way. “Zhukov is portrayed as a militant comedian, while he was actually a prominent commander, a gifted strategist and a marshal of the Soviet Union, who made a great contribution to our army’s victory in the Great Patriotic War, so his name is inextricably linked to the great Victory. However, the movie shows no respect for our history and the memory of previous generations,” the address stressed.

“We are confident that the movie was made to distort our country’s past so that the thought of the 1950s Soviet Union makes people feel only terror and disgust,” they added.

The Death of Stalin, a British-French political satire film directed by Armando Iannucci, is based on a graphic novel by Fabien Nury and Thierry Robin. The Russian release of the picture, which premiered worldwide in September 2017, is due for release January 25. The movie is centered on the pursuit for power in the USSR following the death of Joseph Stalin in 1953. The film stars Steve Buscemi, Jason Isaacs and Olga Kurilenko to name a few.