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February 6, 2018

Dem Memo(s)

The House Intel Committee votes to release Democrats’ rebuttal to the FISA memo, while another one “leaks.”

The House Intelligence Committee voted unanimously Monday to release the Democrat rebuttal to the Republicans’ FISA memo. President Donald Trump will now have five days to decide if he will release it to the public, which he has previously stated he would do. Rep. Adam Schiff (D-CA), the author of this rebuttal memo, accused Republicans of seeking to distort the facts with the FISA memo produced by House Intelligence Committee Chairman Devin Nunes (R-CA). Democrats claim that Nunes coordinated with the White House in creating the FISA memo, a charge Nunes has strongly denied.

Meanwhile, Rep. Jerrold Nadler (D-NY) “leaked” a six-page response to the FISA memo, in which he argues that the FBI’s acquiring of a FISA warrant based on the dubious and unverified Christopher Steele dossier was perfectly fine because of Steele’s solid reputation with the FBI and because the allegations made within the dossier have not been disproven.

Andrew McCarthy of National Review astutely notes that the court is interested in the credibility of eyewitnesses, not the reputation of the agent who collected the information. If the FBI, as the FISA memo alleges, relied heavily on the unverified information from the Steele dossier, then the FBI did not meet the standard necessary to justify receiving a surveillance warrant. McCarthy writes, “So far, the FBI and Justice Department have provided only cause for grave concern that they gave a federal court unverified, highly unreliable information that was essential to the court’s probable-cause finding, and that they did so without being candid with the court about the biases of the information’s purveyor. That being so, the burden is on the FBI and the Justice Department to prove that they did not act improperly in seeking the FISA warrant — especially since they, rather than the rest of us, are in possession of the information that they insist would vindicate them.”

McCarthy also points out that the burden is on the DOJ and the FBI to prove they had credible witnesses for seeking a FISA warrant. He writes, “Before you ever get to the point of having an expert explain factual transactions that are beyond the ken of the layman, the occurrence of these factual transactions has to be established by competent, reliable witnesses. Steele and the FBI point us to none.” He continues, “Warrants are issued based on the quality of the information proffered to the court, not the duration of the information-gathering process.”

Democrats are clearly scrambling to regain control of the narrative surrounding Russiagate, with spurious accusations of a Republican Congress going out of its way in seeking to protect Trump. However, the stench of deep-state corruption is all wafting from the Democrat side of the aisle, and no amount of political spin perfume will cover the stink of this growing scandal.

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