Tomorrow is likely to be a bit nutso as we now know that the Nunes memo will likely be released.
JUST IN: Republican memo alleging anti-Trump bias at FBI and Justice Department likely to be released on Thursday – Trump administration official pic.twitter.com/FYePwLPvsM
— Reuters U.S. News (@ReutersUS) February 1, 2018
As you might imagine, the FBI is not amused.
Washington, D.C.FBI National Press Office(202) 324-3691January 31, 2018FBI Statement on HPSCI Memo
The FBI takes seriously its obligations to the FISA Court and its compliance with procedures overseen by career professionals in the Department of Justice and the FBI. We are committed to working with the appropriate oversight entities to ensure the continuing integrity of the FISA process.
With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it. As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.
Given the reporting, I’m not quite sure how FBI Director Wray doesn’t resign in short order if this thing is released. Fortunately, I’m not FBI Director Wray.
Congressman Schiff has now provided even more worrying information about what has been approved for release tomorrow.
BREAKING: Discovered late tonight that Chairman Nunes made material changes to the memo he sent to White House – changes not approved by the Committee. White House therefore reviewing a document the Committee has not approved for release. pic.twitter.com/llhQK9L7l6
— Adam Schiff (@RepAdamSchiff) February 1, 2018
Now for the quick note: If the Nunes memo, which is really more like a four page report, is released without an order of declassification from the President, the material released will still be classified. Since I am not read on to any of this stuff – the material used to get the FISA warrant and extension alleged to be the focus of the Nunes memo, as well as the material that Nunes and his staff cherry picked to produce the report – I cannot and will not read the memo, the reporting about the memo, and cannot and will not comment on them. This would violate the terms of my clearance.
Mark Zaid, who runs one of the top law practices dealing with clearance issues, as well as whistle blower protection, delineates the key issues here:
THREAD – What does #HPSCI release of GOP classified memo mean?
In a partisan vote led by Chairman @DevinNunes, the HPSI voted to release a four page classified memo that details alleged surveillance abuses by @FBI & @TheJusticeDept. https://t.co/QRTf6KlEUE
— Mark S. Zaid (@MarkSZaidEsq) January 30, 2018
Click across and read the entire thing.
Zaid goes on to state:
I continue to talk with experts on govt classification & intelligence committees regarding my view that #HPSCI action does NOT "declassify" #FISA memo. No one is disagreeing with me.
Feel free to persuade me otherwise @DevinNunes @RepAdamSchiff https://t.co/3LGXjW3oog
— Mark S. Zaid (@MarkSZaidEsq) January 30, 2018
I spoke w/former Dir ("Classification Czar") of Information Security Oversight Office, @USNatArchives, J. William Leonard, who confirmed accuracy of my interpretation #HSPCI action does NOT declassify GOP #FISA Memo. Dissemination by Members & staff can be illegal & prosecutable https://t.co/YlRgq85KGp
— Mark S. Zaid (@MarkSZaidEsq) January 31, 2018
Of course, #POTUS can affirmatively declassify the information. But silence is not the same thing.
— Mark S. Zaid (@MarkSZaidEsq) January 30, 2018
To redirect: if this is released tomorrow without a specific declassification order, I’m going to be silent on it. On the actual report being released, what it means, etc. I’m sure others here will pick up the slack. And I highly recommend that you all check out Zaid‘s and his partner Brad Moss‘s twitter feeds as they’ll have expert commentary. I also highly recommend Ben Wittes‘s, Susan Hennessy‘s, Asha Rangappa‘s, Richard Painter‘s, and Walter Schaub‘s twitter feeds among others. And I’m sure Lawfare will have coverage too.
Sorry about this, but the rules are the rules and I’m not placing my clearance in jeopardy because Congressman Nunes is Congressman Nunes.
Open thread!