House GOP Releases Controversial Nunes Memo Alleging DOJ and FBI FISA Abuses During the 2016 Election

On Friday, February 2, 2018, House Republicans, with the approval of the Trump administration, released the four-page Nunes memo. The controversial memo, written by Rep. Devin Nunes, the Republican chairman of the House Permanent Select Committee on Intelligence, alleges Foreign Intelligence Surveillance Act (FISA) abuses by the DOJ and the FBI during the 2016 election. The memo focuses almost entirely on the government’s electronic surveillance of a Trump campaign adviser, Carter Page. According to the memo, on October 21, 2016, the DOJ and FBI received a probable cause order under FISA to conduct surveillance on Page. The agencies also received three FISA renewals from the FISC – under 50 U.S.C. §1805(d)(1), a FISA order targeting a U.S. citizen must be renewed by the FISC every 90 days, with each renewal requiring an independent finding of probable cause. The memo does not explicitly accuse either the DOJ or the FBI of violating the FISA application process.…

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