Nunes Memo Provides Reminder Of Republican Hypocrisy And Democratic Dishonesty

Following days of hype far in excess of the outcome, the Nunes memo was finally released. The memo itself, while providing reminders of both Republican hypocrisy and Democratic dishonesty, doesn’t change what we knew. What matters is how Donald Trump and others wind up responding to the release.

The memo actually means very little, especially when kept in mind that it is a memo written by members of one party, while the response from the other party has so far been suppressed. The key argument is that Steele dossier was an essential part of the argument for the surveillance of Carter Page. However, the same memo undermines this argument, stating that  information about George Papadopolous “triggered the opening of an FBI counterintelligence investigation” in July 2016. The initial application for the surveillance remains classified, so it is not possible to independently determine how important the Steele dossier was.

The significance of the Steele dossier is reduced if there is evidence beyond it to justify surveillance of Carter Page, as the Nunes memo concedes does exist. In addition, The Wall Street Journal reports: “Carter Page, who served as a foreign-policy adviser to Donald Trump’s campaign, was known to U.S. counterintelligence officials for years before he became a prominent figure in a dossier of unverified research about the future president’s ties to Russia.” There is further information later in the article, which raises questions as to how significant the Steele dossier were as opposed to other actions by Page in bringing him to the attention of counterintelligence officials:

Mr. Page’s dealings with Russia date back to more than a decade before Mr. Trump ran for president and his opponents began crafting the dossier.

For three years, starting in 2004, Mr. Page was living in Moscow, where he opened an office for the investment banking firm Merrill Lynch & Co. He also served as an adviser on “key transactions” involving the Russian state-owned energy company PAO Gazprom and RAO UES, the Russian state-controlled electricity monopoly, according to Mr. Page’s biography.

In January 2013, Mr. Page was in New York at an Asia Society event on China and energy development, when he met Victor Podobnyy, a junior attaché at the Russian consulate in New York City who was in the audience, Mr. Page told the House Intelligence Committee last fall.

In March 2013, Mr. Page met with Mr. Podobnyy again over coffee or a Coke, he told the House panel in his testimony. Mr. Page, asked why he had sought out Mr. Podobnyy a second time, said he wanted to practice his Russian.

That June, three years before the 2016 presidential campaign and the creation of the dossier, Mr. Page had his first known brush with a U.S. counterintelligence official. He was interviewed by FBI counterintelligence agent Gregory Monaghan and another FBI agent, who were investigating whether Mr. Podobnyy was a Russian intelligence agent, according to a criminal complaint.

In 2015, Mr. Podobnyy was charged with posing as a U.N. attaché under diplomatic cover while trying to recruit Mr. Page as a Russian intelligence source. The criminal complaint filed by U.S. federal prosecutors alleged Mr. Podobnyy was an agent for the SVR, Russia’s foreign intelligence service. The complaint also detailed Mr. Podobnyy’s discussion in April 2013 with Igor Sporyshev, a second alleged SVR agent posing as a Russian trade representative, about efforts to recruit “a male working as a consultant in New York City.” Mr. Podobnyy was afforded diplomatic immunity and left the country.

In a statement last year, Mr. Page confirmed he was the unnamed consultant and said he helped U.S. federal investigators during the case. The complaint charging Mr. Podobnyy said Mr. Page had provided the Russians with documents, which Mr. Page said were “nothing more than a few samples from the more detailed lectures” he was preparing for a course he was teaching at New York University at the time.

There certainly might be grounds to question both the initial surveillance and the continued renewal of FISA warrants for the surveillance of Page (as is required every ninety days).  However, if the Republicans see abuses re FISA, why did they overwhelmingly just recently vote to renew it and expand surveillance? It is hard to take seriously Republican concerns today regarding surveillance when they have been such strong supporters of mass surveillance.

It is not even clear if Carter Page is very significant with regards to Robert Muller’s investigation considering he is not one of those who have been indicted or who has entered into a plea agreement with Muller.

The release of the memo does serve as a reminder of the dishonesty of the Clinton campaign and the DNC, which had denied for months their role in paying for the Steele dossier. They very well might have violated federal election rules, and should be investigated for this. However, that is a separate matter, and is hardly enough to discredit investigations into money laundering and obstruction of justice within the Trump administration. On the other hand, the attempts by Democrats to fabricate a case, contrary to all the evidence to date, that the election was stolen from Clinton due to a conspiracy between Trump and Russia, is likely to ultimately help Trump distract from his actual crimes.

The real significance of the Nunes memo is not the content, but how it is used. If it is used to reform mass surveillance it could be a good thing–but that is very unlikely to happen by the hypocritical Republicans. The greatest fear is that Trump will use the Republican spin not only to undermine the credibility of the investigation but to justify another Saturday Night Massacre.