Friday, March 24, 2017

More Puzzle Pieces Re: Rep. Nunes FISA Disclosure to Press and Trump

Rep. Devin Nunes (R-CA)
(May have spilled classified beans as it were — oops)


Major Update on this story – the Original Post Follows this Update:

REVIEW THE BACKGROUND: Rep. Devin Nunes (CA) Republican chairman of the House Intelligence Committee, announced on Wednesday that communications by members of President Donald Trump's transition team – and maybe even Trump himself – were included in intelligence officials “as incidental collection of foreign surveillance.”  

In all this, Rep. Nunes has refused to disclose how he had obtained the FISA document or from whom. However, Nunes had no problem revealing that information at a press conference on Capitol Hill before heading to the White House where he shared the information with Mr. Trump in person.

Here is what Nunes said in part: “What I've read seems to me to be some level of surveillance activity, perhaps legal, but I don't know that its right, and I don't know that the American people would be comfortable with what I've read.”

Q&A: Why was Nunes compelled or feel compelled to share the classified FISA information at a presser and then give it to Mr. Trump even as he explained that although the collection appears to have been legal under FISA (Foreign Intelligence Surveillance Act)? He claims he was concerned that the names of U.S. citizens had been “unmasked in the reports.”

So, did Nunes break the law by releasing anything from the FISA document, and especially since it clearly undermines the still on-going FBI investigation?

A:  Extract from that link: Nunes revealed that there were multiple Foreign Intelligence Surveillance Act warrants that he had seen or at the very least was made aware of. FISA warrants are issued in secret to allow for legal surveillance of agents of foreign power.  Some experts believe Nunes, by admitting he knew of the existence of such FISA warrants, he revealed classified information.
One expert (Bradley Moss, a national security expert and attorney) said, in part; “In my view, the existence or non-existence of a FISA warrant that the Congressman revealed during his press conferences today is in itself a classified fact. And it appears FBI Director James Comey might agree with this assessment.

He also stated that the information did not lend evidence to support Trump's 
tweeted claim that President Barack Obama had wiretapped the phones at Trump Tower. Trump said he felt somewhat vindicated by the Nunes announcement.

There is no way (yet) answer all the lingering questions, but the fallout continues as reported on here from US News:

From Rep. Adam Schiff (CA), the top Democrat on the Nunes committee condemned Nunes for potentially blurring the line between “being the chairman of an independent investigation or being a surrogate of the White House.”

From The Atlantic remarks Nunes actions do indeed fuel questions about a breakdown of separations of power between Congress and the White House.

From New York Magazine says Nunes announcement undermined his own criticisms of leaks of classified information adding: “At this point, the intelligence practices Nunes just disclosed appear far less concerning than the congressman's own behavior.”
From the Washington Monthly argued that Nunes despite his claims […] that the surveillance did not involve Russia, “That he in fact carried out a blatant act of criminal obstruction of justice by going to the public with the information. Nunes intent to share classified investigatory information with the subjects of a counterintelligence (and potentially criminal) probe constitutes a crime in and of itself, and by doing so, he destroyed his own committee's investigation any credibility he may have had.”
From Mother Jones discussed Nunes announcement in the context of Trump's political predicament saying in part: “Nunes theatrical press conferences – not one but two! – indicate he is more concerned about politics than national security and the protection of civil liberties.” 

ORIGINAL STORY STARTS FROM HERE: 

Breaking news from CNN that is both startling and questionable and I ask: Why is this released now this way, um Rep. Devin Nunes (R-CA)? (My emphasis added):

Highlights: House Intelligence Chairman Devin Nunes said Wednesday that Donald Trump's personal communications and those of associates may have been picked up by intelligence agencies conducting surveillance of foreign targets after the election, and hurried to the White House to brief the President.

The conversations were “incidentally” collected as part of intelligence sweeps focusing on other people, Nunes said, and implied that Trump was not the target of the surveillance operation.

Nunes said at a news conference he discovered that accounts of Trump conversations when he was reviewing intelligence reports brought to him by an unidentified person -- and said the information was not related to Russia, which is accused of interfering in the 2016 election, adding: “This is a normal, incidental collection, based on what I could collect. This appears to be all legally collected foreign intelligence under the Foreign Intelligence Surveillance Act (FISA).

The revelations do not, however, appear to support Trump's claims, debunked by FBI Director James Comey, that he was wiretapped by his predecessor President Barack Obama, rather, they appear to relate to conversations between Trump or associates and people who were targeted by FISA warrants.
Sen Ron Wyden (D-OR) on the Sen. Intel Cmte says: “Nunes statements would appear to reveal classified information, which is a serious concern about FISA data collected.”
Trump says he feels partially vindicated … yeah, sure you do.
As for me, I am confused with mixed views: Pissed and angry. So, where is the bottom of this nasty ugly smelly cesspool, um, Mr. and Mrs. GOP?
Closely related is this from the BBC) — What we know, don't know, think we know, or don't know what we think we know? Confusing isn't it? You bet it is and I honestly believe it is and it is based on a carefully crafted and scripted Trump-Bannon Reality Show playbook... bet on it. I see that route as a sure winner.
Regardless, stay tuned.

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