IMPORTANT thread on the FISA process & why Nunes' memo is INTENTIONALLY misleading...

Link to tweet

UNROLLED:
https://threadreaderapp.com/thread/958001004997378048.html

FISA/NUNES MEMO THREAD. I just explained this on @CNN (and will post clip in a few), but this @nytimes article illustrates how the Nunes Memo can mislead the American public if certain details that provide context are not made clear. This is one example.

Secret Memo Hints at a New Republican Target: Rod Rosenstein

The memo, raising doubts about the Russia inquiry, includes an account of Mr. Rosenstein, the deputy attorney general, approving surveillance of a former Trump campaign aide.
https://www.nytimes.com/2018/01/28/us/politics/rod-rosenstein-carter-page-secret-memo.html

2. According to the article, the Nunes memo seeks to target DAG Rod Rosenstein as engaging in FISA "Abuse" because he approved an application to extend FISA surveillance on Carter Page. According to reporting, this is proof that Rosenstein failed to "properly vet" the application

3. A few key points to understand. First, approving an *application* to extend surveillance is NOT the same as approving the extension of surveillance itself. The decision of whether or not to extend surveillance is made by a federal judge in FISA court, in an independent review.

4. In deciding whether to approve an extension of surveillance, the DOJ has to show the FISA court that the surveillance has yielded actual, valuable foreign intelligence information that is relevant to the underlying case, and that target is acting on behalf of foreign intel.

5. To be clear, this means that the DOJ had to go in and show *recent, brand-new information* -- actual communications -- showing that Page was engaging in clandestine intelligence activity on behalf of the Russians. This has nothing to do with the dossier.

6. KEY PIECE OF INFORMATION: Keep in mind that once a FISA begins on a USPER, the DOJ has to check in with the court *every 90 days* and provide evidence that they are getting foreign intel in order to extend the FISA for longer. Why is this important?

7. Well, the FISA began around September 2016. DAG Rosenstein did not come on board until February 2017. That means that the Page FISA had ALREADY BEEN EXTENDED ONCE by a FISA court in the interim. Meaning that through December, the FBI collected proof of foreign intel activity

8. Again, that December extension would have been reviewed and approved by a federal FISA court judge. And it would have happened well before Rosenstein came on the scene. (This also reveals that the original FISA application had a valid basis.)

9. If the FBI had proof of ongoing intelligence activity through December (proof accepted by a FISA judge to warrant extension), it is completely reasonable that it continued to collect intel through the spring, warranting another 90-day extension, and would ask the FISC for one.

10. In approving an application for an extension in March 2017, Rosenstein would have been looking at whether there was enough new intel from Dec-Mar to justify going back into court. Again, nothing to do with dossier, completely std, and if approved by FISC, clearly warranted.

I wrote this thread back in September, if you want more background on the basis and process for getting a FISA on a USPER