The Department of Justice has released heavily redacted but previously top secret documents regarding the FBI's application to surveil former Trump campaign advisor Carter Page under the Foreign Intelligence Surveillance Act.
The materials show the FBI did not rely exclusively on the Christopher Steele-compiled dossier as Republicans have claimed; that the FBI did, in fact, inform the court that Steele likely was hired to dig up dirt on Donald Trump for political purposes; and that law enforcement officials abided by expected norms and procedures.
Democrats in February rejected the Republican claims that law enforcement officials had improperly obtained a warrant to monitor Mr. Page, accusing them of putting out misinformation to defend President Trump and sow doubts about the origin of the Russia investigation. But even as Republicans and Democrats issued dueling memos characterizing the materials underlying the surveillance of Mr. Page, the public had no access to the records.
On Saturday evening, those materials — an October 2016 application to the Foreign Intelligence Surveillance Court to wiretap Mr. Page, along with several renewal applications — were released to The New York Times and other news organizations that had filed Freedom of Information Act lawsuits to obtain them. Mr. Trump had declassified their existence earlier this year.
“This application targets Carter Page,” the document said. “The F.B.I. believes Page has been the subject of targeted recruitment by the Russian government.” A line was then redacted, and then it picked up with “undermine and influence the outcome of the 2016 U.S. presidential election in violation of U.S. criminal law. Mr. Page is a former foreign policy adviser to a candidate for U.S. president.”
(...)
Mr. Page has denied being a Russian agent and has not been charged with a crime in the nearly two years since the initial wiretap application was filed ...
The spectacle of the release was itself noteworthy, given that wiretapping under the Foreign Intelligence Surveillance Act, or FISA, is normally one of the government’s closest-guarded secrets. No such application materials had apparently become public in the 40 years since Congress enacted that law to regulate the interception of phone calls and other communications on domestic soil in search of spies and terrorists, as opposed to wiretapping for ordinary criminal investigations.
(...)
Visible portions showed that the F.B.I. in stark terms had told the intelligence court that Mr. Page “has established relationships with Russian government officials, including Russian intelligence officers”; that the bureau believed “the Russian government’s efforts are being coordinated with Page and perhaps other individuals associated with” Mr. Trump’s campaign; and that Mr. Page “has been collaborating and conspiring with the Russian government.”
The fight over the surveillance of Mr. Page centered on the fact that the F.B.I., in making the case to judges that he might be a Russian agent, had used some claims drawn from a notorious Democratic-funded dossier compiled by Christopher Steele, a former British intelligence agent.
(...)
... Democrats noted that the application also contained evidence against Mr. Page unrelated to the dossier, and an unredacted portion of the application discussed efforts by Russian agents in 2013 to recruit Americans as assets. It has previously been reported that Mr. Page was one of their targets, although any discussion of Mr. Page’s interactions with them in the application is still censored.
(...)
The application shows that the F.B.I. told the court it believed that the person who hired Mr. Steele was looking for dirt to discredit Mr. Trump. But it added that based on Mr. Steele’s previous reporting history with the F.B.I., in which he had “provided reliable information,” the bureau believed his information cited in the application “to be credible.”
(...)
The unredacted portions of the original application and the three renewal applications are otherwise largely identical, so it is not visible whether the F.B.I. told the court that it was gaining useful intelligence from the wiretap of Mr. Page as it asked for extensions. But the length of the applications grew significantly each time, indicating that new information was being added: They were 66 pages, 79 pages, 91 pages and 101 pages, respectively.
The materials also revealed which Federal District Court judges signed off on the wiretapping of Mr. Page: Judges Rosemary Collyer, Michael Mosman, Anne C. Conway and Raymond J. Dearie. All were appointed by Republican presidents.
(...)
While applications for criminal wiretap orders often become public, showing what the government’s basis was for seeking it, the government until now has refused to disclose FISA materials even when using evidence gathered through such wiretaps to prosecute people.
But in February, Mr. Trump — over the objections of law enforcement professionals — took the unprecedented step of lowering the walls of secrecy around such materials to enable House Intelligence Committee Republicans, led by Representative Devin Nunes of California, to disclose their three-and-a-half-page memo, which sought to portray the surveillance of Mr. Page as scandalous.
In addition to invoking Mr. Trump’s declassification to seek disclosure of the underlying materials by filing a Freedom of Information Act lawsuit against the Justice Department, The Times also petitioned the Foreign Intelligence Surveillance Court to unseal the materials itself. The court has not responded to that request.
Read the documents (pdf)
Full story: Carter Page FISA Documents Are Released by Justice Department (NYT)