RUTHFULLY YOURS

For all the debate over the House Republican memo pointing to alleged misconduct by some current and former FBI and Justice Department officials, one crucial point hasn’t gotten the attention it deserves.

And it relates in an unexpected way to special counsel Robert Mueller.

The point is: There are strict rules requiring that each and every fact presented in an FBI request to electronically spy on a U.S. citizen be extreme-vetted for accuracy — and presented to the court only if verified.

There’s no dispute that at least some, if not a great deal, of information in the anti-Trump “Steele dossier” was unverified or false. Former FBI director James Comey testified as much himself before a Senate committee in June 2017. Comey repeatedly referred to “salacious” and “unverified” material in the dossier, which turned out to be paid political opposition research against Donald Trump funded first by Republicans, then by the Democratic National Committee and the Hillary Clinton campaign.

Presentation of any such unverified material to the Federal Intelligence Surveillance Act (FISA) court to justify a wiretap would appear to violate crucial procedural rules, called “Woods Procedures,” designed to protect U.S. citizens.

The memo released Friday by the House Permanent Select Committee on Intelligence was the product of necessity, not choice. Even before its release, the debate over its provenance, motive and effect was obscuring the crucial point that it is the underlying facts the memo alleges that present the real issues.

The committee’s memo says that yet another memo, which goes by the cloak-and-dagger title “Steele dossier,” provided at least part of the basis for a wiretap of Carter Page, a U.S. citizen who had volunteered as a foreign policy-consultant to the Trump campaign. The Foreign Intelligence Surveillance Court granted the wiretap application from the FBI and Justice Department two weeks before the 2016 election. In order to obtain the warrant, the government had to show probable cause that Mr. Page was acting as the agent of a foreign power and that in so doing he had committed a crime.

The Steele dossier is 35 pages of opposition research on Donald Trump, described by former FBI Director James Comey as “salacious and unverified.” It was paid for by Hillary Clinton’s campaign and the Democratic National Committee, and compiled by Christopher Steele, a former British intelligence agent who had a luminous dislike for Mr. Trump and was also an informant for the FBI.

Well, the memo was released. You can read it in full here, and I recommend you do so because, on the evidence of much of Friday’s TV and radio coverage, most commentators only want to talk about it in the most shallow political terms. Whereas the questions it raises about state corruption in an age of round-the-clock technological surveillance are far more profound.

Let’s start with something I wrote back in October:

It seems a reasonable inference, to put it as blandly as possible, that the [Christopher Steele] dossier was used to justify the opening of what the Feds call an “FI” (Full Investigation), which in turn was used to justify a FISA order permitting the FBI to put Trump’s associates under surveillance. Indeed, it seems a reasonable inference that the dossier was created and supplied to friendly forces within the bureau in order to provide a pretext for an FI, without which surveillance of the Trump campaign would not be possible.

So my view has always been that the dossier is not “evidence” but a mere simulacrum of evidence – a stage prop to lay before the FISA court judge to get him to sign off on Trump surveillance. Because a judge has to be given something before he’ll cough up a warrant, even if what it is is no more real than the “secret papers” in a spy thriller. Nevertheless, for a group of highly placed FBI and Department of Justice officials, it was a very crude calculation: No dossier, no surveillance.

That much the memo appears to confirm:

Deputy [FBI] Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.

So Robert Mueller’s entire “Russia investigation” springs from this dossier: a huge sprawling multi-branch tree of a rotten poisonous fruit.

Rep. Joseph Kennedy III (D-Mass.) had the unenviable task of rebutting President Donald Trump’s first State of the Union address this week. Kennedy found himself repudiating Trump’s advocacy of traditional Democratic Party issues, including government accountability, fair trade, job training, paid family leave, prison reform, and rebuilding the nation’s crumbling infrastructure.

The privileged political tyro also had the misfortune of having to begrudge the tax cuts and regulatory reform that has helped create 2.4 million new jobs (200,000 of them in manufacturing), enabled employers to raise wages substantially for the first time in years, and brought black and Hispanic unemployment levels to historic lows.

How would he try to pull off this trick? By describing a country and a people that exist on a different planet in a parallel universe:

Trump’s America: We endured floods and fires and storms. But through it all, we have seen the beauty of America’s soul, and the steel in America’s spine. Each test has forged new American heroes to remind us who we are, and show us what we can be.

Kennedy’s America: We see … [h]atred and supremacy proudly marching in our streets.

Trump’s America: We saw the volunteers of the “Cajun Navy,” racing to the rescue with their fishing boats to save people in the aftermath of a devastating hurricane. . . . [S]trangers shielding strangers from a hail of gunfire on the Las Vegas strip . . . Americans like Coast Guard Petty Officer Ashlee Leppert, who . . . braved live power lines and deep water, to help save more than 40 lives. . . . Americans like firefighter David Dahlberg [who] faced down walls of flame to rescue almost 60 children trapped at a California summer camp threatened by wildfires.

Kennedy’s America: [“Dreamers”] wade through flood waters, battle hurricanes, and brave wildfires and mudslides to save a stranger.

Trump’s America: Over the last year, the world has seen what we always knew: that no people on Earth are so fearless, or daring, or determined as Americans. If there is a mountain, we climb it. If there is a frontier, we cross it. If there is a challenge, we tame it. If there is an opportunity, we seize it. So let us begin tonight by recognizing that the state of our Union is strong because our people are strong.