The White House

Washington

February 2, 2018

The Honorable Devin Nunes

Chairman, House Permanent Select Committee on Intelligence

United States Capitol

Washington, DC   20515

Dear Mr. Chairman,

On January 29, 2018, the House Permanent Select Committee on Intelligence (hereinafter “the Committee”)  voted to disclose publicly a memorandum containing classified information provided to the Committee in connection with its oversight activities (the “Memorandum”, which is attached to this letter).  As provided by clause 11(g) of Rule X of the House of Representatives the Committee has forwarded this Memorandum to the President based on its determination that the release of the Memorandum would serve the public interest.

UNCLASSIFIED  

Declassified by order of the President

 February 2, 2018

January 18, 2018

To:  HPSCI Majority members

From: HPSCI Majority Staff

Subject: Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation

Purpose

            This Memorandum provides Members an update on significant facts relating to the Committee’s ongoing investigation into the Department of Justice (DOJ) and Federal Bureau of Investigation (FIB) and their use of the Foreign Intelligence Surveillance Act (FISA) during the 2016 presidential election cycle. Our findings, which are detailed below, 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillance Court (FISC) and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.

Investigation Update

            On October 21, 2016 DOJ and FBI sought and received a FISA probable cause order (not under Title VII) authorizing electronic surveillance on Crater Page from the FISC. Page is a U.S. citizen who served as a volunteer advisor to the Trump presidential campaign.  Consistent with requirements under FISA, the application had to be first certified by the Director or Deputy Director of the FBI. It then required the approval of the Attorney General, Deputy Attorney General (DAO) or the Senate-confirmed Assistant Attorney general for the National Security Division.

            The FBI and DOJ obtained one initial FISA warrant targeting Carter Page and three FISA renewals from the FISC. As required by statute (50 U.S.C. Sec. 1805(d)(1), a FISA order on an American citizen must be renewed by the FISC every 90 days and each renewal requires a separate finding of probable cause.  Then-Director James Comey signed three FISA applications in question on behalf of the FBI, and Deputy Director Andrew McCabe signed one. Then-DAG Sally Yates, then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more FISA applications on behalf of DOJ.

            Due to the sensitive nature of foreign intelligence activity, FISA submissions(including renewals)  before the FISC are classified. As such, the public’s confidence in the integrity of the FISA process depends on the court’s ability to hold the government to the highest standard – particularly as it related to surveillance of American citizens.  However, the FISC’s rigor in protecting the rights of Americans, which is reinforced by 90-day renewals of surveillance orders, is necessarily dependent on the government’s production to the court of all material and relevant facts. This should include information potentially favorable to the target of the FISA

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PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES

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application that is known to the government. In the case of Carter Page, the government had at least four independent opportunities before the FISC to accurately provide an accounting of the relevant facts. However, the findings indicate that, as described below, material and relevant information was omitted.

2) The Carter Page FISA application also cited extensively a September 23, 2016, Yahoo News article by Michael Isikoff, which focuses on Page’s July 2016 trip to Moscow. This article does not corroborate the Steele dossier because it is derived from information leaked by Steele himself to Yahoo News.  [Sic]  The Page FISA application incorrectly assesses that Steele did not directly provide information to Yahoo News. Steele has admitted in British court filings that he met with Yahoo News – and several other outlets – in September 2016 at the direction of Fusion GPS. Perkins Coie was aware of Steele’s initial medial contacts because they hosted at least one meeting in Washington D.C. in 2016 with Steele and Fusion GPS where this matter was discussed.

UNCLASSIFIED

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PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES

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to the FISC in October – but Steele improperly concealed from and lied to the FBI about those

Top Secret/NOFORN 

UNCLASSIFIED

PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES

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