A battle erupted Friday over a push by Republican lawmakers to release a report they say will reveal high-level government abuse around the federal investigation into possible ties between Trump campaign officials and Russia.
Even as Congress hurtled toward a shutdown, Republicans in the House were buzzing over the contents of a classified memo on alleged surveillance abuses that was produced by House Intelligence Committee Chairman Devin NunesDevin Gerald NunesProposed California maps put incumbents in jeopardy Devin Nunes's family ordered to reveal who is paying for defamation lawsuit Three key behind-the-scenes figures in Jan. 6 probe MORE (R-Calif.).
Scores of Republicans viewed the controversial memo in secure settings at the Capitol and concluded it contains hard evidence that the special counsel investigation into whether Trump’s campaign officials had improper contacts with Russia were sparked by the politically motivated actions of senior FBI and Department of Justice (DOJ) officials.
GOP lawmakers described the document as the catalyst that would unravel what they view as a vast conspiracy to undermine President TrumpDonald TrumpBaldwin calls Trump criticism following 'Rust' shooting 'surreal' Haley hits the stump in South Carolina Mary Trump files to dismiss Trump's lawsuit over NYT tax story MORE.
“It’s alarming. … You all need to see it,” said Rep. Jim JordanJames (Jim) Daniel JordanWith extreme gerrymanders locking in, Biden needs to make democracy preservation job one Jim Jordan reveals he had COVID-19 this summer The Memo: Gosar censured, but toxic culture grows MORE (R-Ohio). “More importantly, the American public needs to see it. What the FBI did is just as wrong as it can be.”
Some Republicans speculated that the memo could provoke criminal prosecutions, or at the very least, that it would lead to the firings of those involved.
“They need to be held accountable,” said Rep. Ted YohoTheodore (Ted) Scott YohoOcasio-Cortez: Gosar so weak he 'couldn't open a pickle jar' Rep. Gosar posts anime video showing him striking Biden, Ocasio-Cortez Will America fight for Taiwan? MORE (R-Fla.).
Democrats dismissed the findings as a desperate partisan attempt to smear the FBI and muddy the waters around what they view as a legitimate investigation into Trump’s alleged ties to the Kremlin. Lawmakers described them as “talking points,” “misleading” and in some cases, “lies.”
For now, it remains a mystery what allegations — or proof — the highly sought memo contains. Members of both parties were tight-lipped about the details of the four-page document, which they signed a waiver to view that barred them from discussing the contents.
Members of both parties described the memo as a top-line summary they say is backed up by classified documents and interviews they were not allowed to see.
“There’s no one that can talk about this with any degree of knowledge if you weren’t in the Gang of 8, because we haven’t seen the documents,” said committee member Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierWar of words escalates in House GOP eyes booting Democrats from seats if House flips Texas Democrat Rep. Eddie Bernice Johnson announces retirement at end of term MORE (D-Calif.), referring to a core group of congressional leaders with higher-level security clearances. “Nobody has.”
Because the underlying material supporting the memo’s conclusions is highly classified, Democrats noted, the document cannot be taken as proof of the allegations it contains.
“I think the whole political purpose of this is to make a misleading case to the public, perpetuate the president’s political narrative, but not let the public see the underlying materials that would show just how distorted it is — I think that’s by design,” said Rep. Adam SchiffAdam Bennett SchiffJan. 6 panel releases contempt report on Trump DOJ official ahead of censure vote The Hill's Morning Report - Presented by Facebook - Biden to update Americans on omicron; Congress back Sunday shows - Spotlight shifts to omicron variant MORE (Calif.), the top Democrat on the Intelligence Committee.
“The problem is, we can’t point out the inaccuracies without relying on the underlying material,” he said.
And even as GOP lawmakers declared the Russia investigation would be exposed as a ruse, some Republicans on the Intelligence Committee sought to temper expectations.
“I don’t think that there’s anything you’re going to see in that memo that’s going to be a surprise,” said Rep. Tom RooneyThomas (Tom) Joseph RooneyRepublican rips GOP lawmakers for voting by proxy from CPAC House Dem calls on lawmakers to 'insulate' election process following Mueller report Hill-HarrisX poll: 76 percent oppose Trump pardoning former campaign aides MORE (R-Fla.). “It’s what we believe based on what we’ve researched.”
“It is what you think it is,” Rep. Tom GarrettThomas (Tom) Alexander GarrettInternal poll shows tight race in Virginia House race Internal poll shows neck-and-neck race brewing in Virginia House contest GOP congressman loses primary after officiating gay wedding MORE (R-Va.) said.
Several GOP members hinted heavily that the document confirms long-held Republican suspicions that FBI officials inappropriately obtained a surveillance warrant to spy on the Trump transition team.
There is rampant speculation on the right that law enforcement officials used an opposition research memo — paid for in part by Democrats and once described by former FBI Director James ComeyJames Brien ComeyCountering the ongoing Republican delusion How Biden should sell his infrastructure bill 'Finally, infrastructure week!': White House celebrates T bill MORE as “salacious and unverified” — to obtain the warrant to spy on Trump officials during the campaign and transition.
“It’s not what the FISA warrant said that’s at issue, it’s what it didn’t say, what the FISA court didn’t hear that is the disturbing part of why the memo was made available to the rest of members of Congress,” Rooney told The Hill.
“What our members needed to see was the truth of how that warrant came about. I don’t think that we’ve seen anything that the court was aware of what kind of document the dossier was,” he continued, referring to the clandestine court that reviews and approves surveillance warrants.
“But we certainly feel like the people that requested the warrant did, and that’s a problem,” he said.
Rep. Mike ConawayKenneth (Mike) Michael ConawayEx-Sen. Cory Gardner joins lobbying firm If Congress can't work together to address child hunger we're doomed Ex-Rep. Mike Conaway, former aide launch lobbying firm MORE (R-Texas), a senior member of the Intelligence Committee who is running the panel’s investigation into Russian interference, suggested that the committee of jurisdiction over FISA would need to weigh in “with legislation related to this if that’s necessary for the fix.”
“This is a serious deal and it needs to be dealt with,” Conaway said. “The Judiciary Committee has to take a good look at what’s going on because they have responsibility for the broader FISA piece.
“Our committee doesn’t have the jurisdiction for the fix. We just found the problem.”
He noted that the document did not raise concerns related to Section 702 of FISA, which Congress recently extended for a further six years. President Trump signed the bill on Friday.
Former bureau officials say fears that the dossier was used as the basis for a FISA warrant reflect a misunderstanding of the law.
One former senior official who worked on national security issues noted that, in general, the application for a surveillance warrant involves several layers of authentication of information, suggesting that if any of the information from the dossier were used in an application, it would have been corroborated. Justice Department lawyers often modify orders based on feedback from the court — and they must show probable cause that the target is acting as an agent of a foreign power.
CNN and The Washington Post reported in the spring that the FBI had obtained a FISA warrant in the summer of 2016 to monitor campaign adviser Carter Page.
Republicans have also sought to draw attention to text messages between FBI agents Peter Strzok and Lisa Page, which privately disparaged Trump. Strzok had a lead role in the investigation into Hillary ClintonHillary Diane Rodham ClintonRepublican Ohio Senate candidate slams JD Vance over previous Trump comments Budowsky: Why GOP donors flock to Manchin and Sinema Countering the ongoing Republican delusion MORE’s handling of classified material while she was secretary of State, and both were on Mueller’s Russia investigation team before being reassigned.
And there are questions about Bruce Ohr, a senior DOJ official, and whether he and his wife had close ties to Fusion GPS, the opposition research firm that compiled the Trump dossier.
“That’s why the document needs to be made public, so everyone can see and make these determinations,” said Rep. Bob GibbsRobert (Bob) Brian GibbsOhio redistricting commission gives up on US House map Pennsylvania Republican becomes latest COVID-19 breakthrough case in Congress Ohio GOP congressman tests positive for COVID-19 MORE (R-Ohio).
Nunes has dealt with questions about his credibility, and his legacy as Intelligence Committee chairman could hang on the impact the memo has if it is released.
“My prediction is that after causing completely unnecessary chaos today, this memo will be released in some redacted [form] in a few weeks and prove to be an utter embarrassment to Nunes personally, the [Intelligence Committee] majority, and frankly to US House of Representatives,” Susan Hennessey, a former attorney in the Office of General Counsel of the National Security Agency and current managing editor at the commentary website Lawfare, said over Twitter.
But Republicans rallied behind Nunes, who has recovered some of his credibility on the right since stepping away from the investigation to deal with an ethics inquiry.
“Everyone I’ve talked to in leadership and the GOP conference thinks he’s done outstanding,” said Rep. Randy WeberRandall (Randy) Keith WeberGOP leader's marathon speech forces House Democrats to push vote McCarthy delays swift passage of spending plan with record-breaking floor speech New group of GOP lawmakers file articles of impeachment against Biden MORE (R-Texas).
Questions remain over the next steps in releasing the document.
A majority of members on the Intelligence Committee would first have to vote to approve making the document public. The president then has five days to issue an objection. If there is no objection, the committee could refer the matter to a vote before the GOP-controlled House.
The committee would be overriding the classification system, not declassifying the document — a power that rests with the executive branch, not Congress.
“This provision of the rules has to be dusted off. It hasn’t been used since the committee was formed,” Conaway said.
Nunes declined to tip his hand Friday, telling reporters only that he would not discuss committee business. Sources close to Nunes said he had not decided on a course of action.
- This story was updated at 7 p.m.