My column that posted last night is an in-depth analysis of the Schiff memo, the response of House Intelligence Committee Democrats to the Nunes memo published by committee Republicans. I offer a variety of reasons why the response principally proffered by the committee’s ranking member, Representative Adam Schiff (D., Calif.), fails to defend the issuance of FISA court surveillance warrants against an American citizen tied to the Trump campaign, Carter Page, in a counterintelligence investigation seeking to probe suspected ties between Donald Trump and Russia. The warrant was issued based on uncorroborated hearsay allegations from unknown sources, compiled in the so-called Steele dossier. The FBI and Justice Department failed to disclose that these allegations were generated by an opposition-research project commissioned by the Hillary Clinton campaign and the Democratic National Committee.
As I argue in the column, the Schiff memo leaves no doubt that the key allegation supporting issuance of the warrant is the Steele dossier’s claim that, while on a well-publicized trip to Moscow in July 2016, Page met with two top Putin regime operatives, Igor Sechin and Igor Divyekin. Page credibly denies the meetings; former British spy Christoper Steele’s claim that they happened is based on unidentified hearsay sources that he concedes he never confirmed; and all indications are that the FBI never corroborated them. In congressional testimony, Former FBI director James Comey described the dossier’s allegations about Donald Trump as “salacious and unverified.” Furthermore, according to a memo published by two senior Senate Judiciary Committee members — Chairman Charles Grassley (R., Iowa) and Senator Lindsey Graham (R., S.C.) — then-director Comey conceded that the Bureau did not corroborate Steele’s sources and relied on the fact that Steele had given the FBI reliable information in the past. (See Grassley-Graham memo, p.2.)
At the Washington Examiner, Byron York picks up on something I wish I had highlighted: The Schiff memo’s focus on past Russian intelligence efforts (in 2013) to recruit Page to become an agent for Russia. As Byron notes, the Schiff memo claims that “Steele’s information about Page was consistent with the FBI’s assessment of Russian intelligence efforts to recruit him and his connections to Russian persons of interest.”
The fact that a foreign power is trying to recruit an American to become an agent for that foreign power is not a sufficient basis to issue a surveillance warrant against the American under FISA. It would, of course, be sufficient to issue a warrant against the foreign spies who are making the recruitment efforts, but it is not enough for a warrant against the American citizen who is the target of the recruitment effort.