Seven Problems With The Democrats’ Rebuttal Memo
Democrats on the House Intelligence Committee on Saturday released a purported rebuttal to a four-page House Republican memo from earlier this month that alleges abuse of surveillance authority on the part of Obama-era federal agencies.
Here are seven key problems with the claims made inside the Democrats’ rebuttal memo.
- The House Democratic rebuttal opens with a seemingly deceptive statement that Steele’s dossier “did not inform” the FBI’s decision to start its investigation into Trump’s campaign in late July.
This is the first contention in the rebuttal, which, claims the memo, is trying to “correct the record.” However, the Republican memo did not assert that the dossier informed the FBI’s decision to launch its investigation in late July or anytime. Instead, the GOP memo documented that Steele’s dossier formed an “essential part” of the FISA court applications submitted by Obama-era federal agencies to monitor the communications of Carter Page, who briefly served as a volunteer foreign policy adviser to Donald Trump’s presidential campaign.
- While perhaps not intending to, the Democratic memo actually confirms that the Obama Justice Department did use Steele’s largely discredited dossier for FISA court applications to monitor Page.
The memo contains a sentence that is redacted. The next sentence states that “DOJ’s applications did not otherwise rely on Steele’s reporting, including any ‘salacious’ allegations about Trump…” The word “otherwise” indicates that, according to the Democratic memo, DOJ did indeed rely on Steele’s dossier for something.
As a side note, interestingly, the Democrats only use the term “salacious” regarding the dossier, not fully quoting from former FBI Director James Comey’s famous remarks in which he testified that the anti-Trump dossier contained “salacious and unverified” material.
The Democratic rebuttal goes on to cite specific instances of the FISA applications utilizing Steele’s dossier, with the applications citing Steele’s alleged sources reporting that Page took meetings in Russia.
- The rebuttal leaves out key information that may dispute the Democratic document’s claim that the FISA warrant was “not used to spy on Trump or his campaign.”
The rebuttal claims this is the case because Page “ended his affiliation with the campaign months before DOJ applied for a warrant.” This is misleading. The FISA warrant gives access to phone calls, e-mail, web browsing history and other electronic records, meaning agents can retrieve any e-mails or recorded communications from the period Page was affiliated with the campaign and would be able to access any recorded communications with the campaign from that period. Also, according to reports, the FBI monitored Page while he spoke to then-Trump adviser Steve Bannon about Russia in January 2017.
- The rebuttal tries to give legitimacy to the possibly illicit surveillance of Page by noting that two of the presiding federal judges were appointed by President George W. Bush and one by President Ronald Reagan.
However, the Republicans’ issue has never been claims of partisanship on behalf of the judges, but rather the charge that key information was withheld from the judges, primarily the origins of the dossier, which was produced by the controversial Fusion GPS and paid for by Hillary Clinton’s 2016 presidential campaign and the Democratic National Committee. Republicans also charge that the FISA court was not told about credibility issues related to Steele.
- The Democratic memo raises immediate questions about the possible use of a second dossier authored by Cody Shearer, a shadowy former tabloid journalist who has long been closely associated with various Clinton scandals.
The rebuttal states that the DOJ provided the FISA court with “additional information obtained through multiple independent sources that corroborate Steele’s reporting.” The rebuttal does not mention the names of the other “independent sources.”
Shearer reemerged in the news cycle last month when the Guardian newspaper reported that the FBI has been utilizing a second dossier authored by Shearer as part of its probe into Trump and alleged Russian collusion.
The Guardian reported the so-called Shearer memo was given to the FBI by Steele in October 2016 to back up some of his claims. According to the Guardian report, the FBI is still assessing portions of the Shearer memo.
Shearer’s name was reportedly associated with the Senate’s criminal referral of Steele, which contains redacted information that Steele received information from someone in the State Department, who in turn had been in contact with a “foreign sub-source” who was in touch with a redacted name described as a “friend of the Clintons.”
Numerous media reports have since stated that the second dossier author mentioned in the Grassley-Graham memo was Shearer, an associate of longtime Clinton friend Sidney Blumenthal.
According to sources who spoke to CNN, Shearer’s information was passed from Blumenthal to Jonathan Winer, who at the time was a special State Department envoy for Libya working under then-Secretary of State John Kerry.
National Review previously dubbed Shearer a “Creepy Clinton Confidante” and “The Strangest Character in Hillary’s Vast Left-Wing Conspiracy.”
- While trying to argue otherwise, the Democratic rebuttal actually confirms the key contention in the Republican memo that the FBI and DOJ failed to inform the FISA court that Steele’s dossier was funded by Hillary Clinton’s 2016 presidential campaign and the Democratic National Committee (DNC) via the Perkins Coie law firm.
In an attempt to rebut the Republican argument that the FISA court was not informed about the dossier’s specific origins, the Democratic memo quotes from an explanation to the court that Steele: “Was approached by an identified U.S. person who indicated to Source #1 [Steele] that a U.S.-based law firm had hired the identified U.S. person to conduct research regarding Candidate #1’s ties to Russia…The FBI speculates that the identified U.S. person was likely looking for information that could be used to discredit Candidate #1’s campaign.”
Contrary to the rebuttal’s characterization, this paragraph is a far cry from informing the court that the dossier utilized in the FISA warrant was paid for by Trump’s primary political opponents, namely Clinton and the DNC. Also, the general mention of “a U.S.-based law firm” does not identify to the FISA court the actual firm, Perkins Coie, which is known for its representation of Clinton and the DNC. Further, informing the FISA court about “an identified U.S. person” who hired Steele fails to actually identify that U.S. person as Glenn Simpson, founder of the controversial Fusion GPS.
The Democrats claim that the above-referenced paragraph proves the Obama-era agencies informed the FISA court about the “political” origins of the dossier. However, the Republican memo specifically and apparently correctly charged that “neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele’s efforts.” The Democratic memo fails to dispute that charge.
- The Democratic rebuttal omitted key details about the FBI’s internal assessments of Steele and his reporting.
The Democratic memo claims that the Obama-era agencies “repeatedly affirmed to the Committee the reliability and credibility of Steele’s reporting, an assessment also reflected in the FBI’s underlying source documents.”
Actually, the House Republican memo documents that a “source validation report conducted by an independent unit within FBI assessed Steele’s reporting as only minimally corroborated.”