RUTHFULLY YOURS

Readers of Hegel’s Phenomenology of Spirit will recall the philosopher’s withering comments about “the dogmatism of mere assertion” which yields naught but an empty and deceptive feeling: self-certitude.

I thought about Hegel’s comments this morning when looking through the Democrats’ attempted rebuttal of the memo released earlier this month by Republicans on the House Intelligence Committee.

It is interesting to compare the two memos, both as rhetorical artifacts and as substantive contributions to the debate over possible “Russian collusion” in the 2016 presidential election. Even a comparison of their physical appearance is revealing. Let’s start there.

The Republicans’ memo, overseen by Devin Nunes, chairman of the House Intelligence Committee, is a four-and-a-half-page précis of findings from an ongoing oversight investigation into the behavior of the FBI and Department of Justice during the 2016 election cycle. It is prefaced by a brief letter from presidential counsel Donald McGahn to Congressman Nunes laying out the rationale for declassifying the memo and releasing it to the public. Each page of the memo is marked “UNCLASSIFIED” and the legend “TOP SECRET NOFORN” (for “no foreign nationals”) on each page is struck through with a heavy black stroke. Otherwise it is clean.

The Democrats’ memo, overseen by ranking minority member Adam Schiff, spills on to a tenth page. It is probably only about a half again as long as the Republicans’ memo, however, because—in addition to bearing the “Unclassified” stamps and strike-throughs of the “top secret” advisories—its text is littered with redactions: many passages of the text are blotted out. Were those redactions required by the FBI? By the executive branch? It was not said. Nor was it said why the Democrats did not take the redactions on board and present a clean text. I do not know the answer. My suspicion is that they wanted the blocks of black to stand as mute, non-specific but nonetheless graphically incriminating witnesses to their allegations.

For example, much of the memo deals with Carter Page, the American businessman who briefly served as a volunteer foreign policy advisor for the Trump campaign. In a section of the memo headed “Page’s Connections to Russian Government and Intelligence Officials” we encounter the following: “As DOJ described in detail to the Court, Page had an extensive record as”—as what? We don’t know. The juicy news is submerged beneath a minatory stroke of black.

Similarly, after informing us that a “Russian intelligence officer targeted Page for recruitment”—eyebrow raising, what?—we read that “Page showed”—another black stroke, starving knowledge but inflaming the imagination. What did Page show? Interest? Did he promise to smuggle the nuclear launch codes into Moscow? We don’t know. But we can think the worst.

Open the Books CEO Andrew Andrzejewski on the push for more transparency on federal government workers’ pay.

The government is keeping the salary information of more than 250,000 employees secret, according to Andrew Andrzejewski, the CEO of OpenTheBooks.com, a website that tracks government spending.

Over the past 11 years, OpenTheBooks has compiled the salaries and bonuses of 2 million federal government workers and posted them online by zip code.

But this year the government concealed the salaries of 255,000 employees, Andrzejewski said.

“It’s one in five federal bureaucrats,” Andrzejewski told Stuart Varney on FOX Business’ “Varney & Co.” “Their salaries are now redacted, and we estimate that the total payroll funded by the American taxpayer now hidden in the swamp is $20 billion.”

The House Democratic surveillance memo is out, and it should worry Americans who care about privacy and due process. The memo defends the conduct of the Justice Department and Federal Bureau of Investigation in obtaining a series of warrants under the Foreign Intelligence Surveillance Act to wiretap former Trump campaign adviser Carter Page.

The Democrats argue that Christopher Steele, the British former spy who compiled the Trump “dossier” on which the government’s initial warrant application was grounded, was credible. They also claim the FISA court had the information it needed about the dossier’s provenance. And they do not dispute former FBI Deputy Director Andrew McCabe’s acknowledgment that the FBI would not have sought a FISA order without the Steele dossier.

The most troubling issue is that the surveillance orders were obtained by withholding critical information about Mr. Steele from the FISA court. The court was not informed that Mr. Steele was personally opposed to Mr. Trump’s election, that his efforts were funded by Hillary Clinton’s campaign, or that he was the source of media reports that the FBI said corroborated his dossier. These facts are essential to any judicial assessment of Mr. Steele’s veracity and the applications’ merits.

The FBI should have been especially wary of privately produced Russia-related dossiers. As the Washington Post and CNN reported in May 2017, Russian disinformation about Mrs. Clinton and Attorney General Loretta Lynch evidently prompted former FBI Director James Comey to announce publicly the close of the investigation of the Clinton email server, for fear that the disinformation might be released and undermine the bureau’s credibility.

In addition, even assuming the dossier was accurate regarding Mr. Page, its allegations are thin. Mr. Page was said to have met in Moscow with Russian officials, who raised the potential for cooperation if Trump was elected; Mr. Page was noncommittal. The most significant claim—that those officials offered Mr. Page a bribe in the form of Russian business opportunities—suggests he was not a Russian agent. Existing operatives don’t need to be bribed.

There was no good reason to withhold from the FISA court any information regarding Mr. Steele, his anti-Trump biases, or the dossier’s origin as opposition research. The court operates in secret, so there was no danger of revealing intelligence sources and methods. The inescapable conclusion is that the information was withheld because the court would have been unlikely to issue the order if it knew the whole truth.

That’s a problem because following the rules and being absolutely candid with the court is even more essential in the FISA context than in ordinary criminal investigations. Congress enacted FISA in 1978 to create a judicial process through which counterintelligence surveillance could take place within the U.S., even when directed at American citizens, consistent with “this Nation’s commitment to privacy and individual rights.” CONTINUE AT SITE