hrothgar, on 2018-February-02, 15:56, said:
1. Your conclusion is unwarranted
Ok, that's an opinion, but perfectly fair as such.
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2. The "facts" contained in the memo clearly are not accurate
It might be fair to say that certain other key facts have not been included if you know what they are. But unless you have "alternate facts" to present that contradict the facts in the memo, you can't say the facts are false. You can say that you don't believe what the facts seem to imply which is an opinion.
Did the FBI obtain a FISA warrant to wiretap/spy on Carter Page?
Was the "Trump Dossier" part of the application for that warrant?
Was the "Trump Dossier" ultimately paid for by Hillary Clinton and the DNC?
If the answer to those questions is Yes, then you have a partisan political document being used to support or justify spying by the government on citizens of differing political persuasion. This is the USA and the FBI is supposed to be the FBI, not the KGB.
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3. Both the DOJ and the FBI opposed the release of the memo
The claim was that releasing the memo would do damage to the FBI and DOJ. Do you see anything in the memo that does that? Allen Dershowitz said "99% of the time such claims by the government are unfounded. Similar claims were made by the government against the release of the Pentagon Papers. The government took that fight all the way to the Supreme Court. In the end, their claims of damage to national security didn't materialize."
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Lets start cataloging mistakes in the Nunes memo (note: I am quoting / summarizing analysis by Seth Abraham here)
1. It says FISA warrant applications must meet the "highest standard" of proof in the justice system. Uh, no. The "highest standard" in the justice system is "proof beyond a reasonable doubt," which is nowhere *close* to the legal standard required to secure a search warrant. The specific FISA standard is "probable cause that the target is an 'agent of a foreign power' who's 'knowingly engaging in clandestine intelligence activities.'"
Since the FISA court is a secret court granting powers to surveil and wiretap that may tread on Americans 4th amendment rights, the bar for obtaining a warrant is necessarily higher than search warrants and wiretap warrants obtained in open court. So the integrity of the information that provides that "probable cause" needs to be held to a higher standard.
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2. The memo then makes *another* error of law on its first page: saying the law requires "all relevant and material facts" to be shown to a warrant-granting court. But that's not true. Many cases confirm that law enforcement can and does leave out key facts without repercussion.
Yeah, and it also happens that when key information is left out, convictions get thrown out and/or evidence may be excluded. The above assertion says if law enforcement can get away with it, it's OK.
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3. A *third* legal error on just the *first page* of the memo is it says "all potentially favorable" information—i.e., favorable to the proposed warrant target—must be included in the warrant application. Uh, no, and moreover, this *never* happens in the criminal justice system.
See the previous point.
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4. Page 2 says Steele prepared the dossier "on behalf of" the DNC and Clinton—suggesting he knew he was working for them, or that he *was* working for them, which he wasn't. He was working for Fusion GPS as a sub-contractor—and had no idea who Fusion's clients were. This is a critical point—as this lie is the one Nunes uses to argue that Steele both had a conflict of interest and was biased, when in fact neither was true. Steele was not getting paid to please the DNC and/or Clinton because he literally did not know his work was for them. In fact for the first 8 months that Steele working on the project he was being funded by the Washington Free Beacon.
It doesn't matter whether Steele knew he was working for the Dems or not. The question is whether Steele had any personal animus against Donald Trump that would bring the credibility of his work into question. The memo provides some facts based on testimony that would seem to show such animus.
I thought the opposition research done on Trump by GPS funded by the Washington Free Beacon was prior to the development of the dossier by Steele.
I believe the first warrant application being reported on in the memo was in October 2016. In January 2017, James Comey did a couple things that I think are germane to the memo. He made the President aware of the dossier and represented it as the kind of salacious thing out there. He also testified under oath to Congress that the dossier was unverified. It can't be both credible in October and of unknown veracity in the following January.