In the legal world, this is called Bad Faith and Courts often require those making these types of allegations, prove them, or suffer legal consequences.
Since revealing his Majority memorandum about the Steele Dossier, he figuratively continued his Midnight Ride to the White House and has become an active participant in protecting President Trump regardless as to what his own actions might mean to our nation's national security.
In his House Intelligence memo, which he wrote without seeing the underlying documentation, he said, " Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele's efforts, even though the political origins of the Steele dossier were then known to senior DOJ and FBI officials."
Yesterday, I wrote a column that went into significant details which analyzed his memo versus that written by Democrat Member of the House, Adam Schiff. The Democrat's rebuttal specifically referred to the application footnote that said: "The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1's campaign."
Nunes, President Trump, Fox News and so many of their angry anti-government friends have been claiming that the FBI and DOJ's had knowledge that the Clinton campaign's and the DNC had funded the Steele Dossier. They have repeated this charge to discredit the FISA-court-approved Carter Page surveillance and the federal government. It is not so ironic that In doing so, Nunes has spun a conspiracy theory web that attempts to indict the federal government, Clinton campaign and the Democratic Party with "collusion". The obvious purpose of the purveying this cabal is to discredit the Trump Russia probe and that of Special Counsel Robert Mueller.
Yet, in the height of hypocrisy, Nunes and the those repeating this machination defending Trump have made a representation that they absolutely have not proven. One must ask, how and why would they make such a claim that would put the Justice Department and the FBI in such ill repute? Could it be because President Trump has screamed out on Twitter, "Do Something" as he engages in his daily Russia probe flail?
Specifically, Nunes has not provided any evidence whatsoever that the FBI and the DOJ knew that the Democrats and the Clinton campaign paid for the dossier when they pursued the surveillance warrant. So, where did Nunes get the information that they did have actual knowledge? True, they did pay a law firm that paid Fusion GPS which paid Christopher Steele, but did the FISA application cite any particulars in that chain of payment? Nunes's own memorandum surely did not disclose any details that the government knew the Democrats and Clintons were involved. So, if the application was silent on this very important issue, what authority is Nunes citing as he destroys the sterling reputation of those who serve this nation, the DOJ, and the FBI?
That authority just might be a Washington Post newspaper article published in the fall of 2017, not in 2016 when the original FISA application was made. In fact, that article appears to post date at least two later FISA applications, if not the fourth, all signed by Republican-appointed FISA Judges, by the way.
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Based upon the publicly available information, there is a strong reason to believe that the DOJ and the FBI knew very little or nothing at all about the source of the payment. If the FBI knew the actual source, why did the DOJ in its FISA application state that the intelligence organization "speculates that Glenn Simpson of Fusion GPS was likely looking for information that could be used to discredit Trump's campaign?
Nowhere does Nunes's memo provide any facts or documentation to support what the FBI and DOJ absolutely knew involving the payors of the Steele dossier? Why not? The answer appears to be that the FBI and the DOJ did not know the payors' identities, at the time that they filed or refiled the applications.
On October 25, the Washington Post broke the story, "Clinton campaign, DNC paid for research that led to Russia Dossier". According to the Post, the source of the payment information was revealed as a result of a lawsuit filed by Congress.
"Some of the details are included in a Tuesday letter sent by Perkins Coie to a lawyer representing Fusion GPS, telling the research firm that it was released from a ¬client-confidentiality obligation. The letter was prompted by a legal fight over a subpoena for Fusion GPS's bank records."
Thus, the public only knew this information after Nunes demanded it and only after the attorney representing the DNC and the Clinton campaign released Fusion GPS from the confidentiality agreement, allowing Simpson to disclose the information.
Congressional Republicans have tried to force Fusion GPS to identify the Democrat or group behind Steele's work, but the firm has said that it will not do so, citing confidentiality agreements with its clients.
Last week, Fusion GPS executives invoked their constitutional right not to answer questions from the House Intelligence Committee. The firm's founder, Glenn Simpson, had previously given a 10-hour interview to the Senate Judiciary Committee.
Over objections from Democrats, the Republican leader of the House Intelligence Committee, Rep. Devin Nunes (Calif.), subpoenaed Fusion GPS's bank records to try to identify the mystery client.
Fusion GPS has been fighting the release of its bank records. A judge on Tuesday extended a deadline for Fusion GPS's bank to respond to the subpoena until Friday while the company attempts to negotiate a resolution with Nunes.
Nunes memorandum written only weeks ago, provide no information at all as to when the FBI and DOJ knew of the Clinton/DNC involvement. None.
Nor did he acknowledge that he only discovered this information and that it was only due to Congressional subpoenas compelling it. Nor did he acknowledge that the subpoena resulted in the release of the identities that were protected by a confidentiality agreement.
Remember the chronology. This Washpo revelation occurred, not in October 2016 when the FISA application was presented to the Court, but a year later, when Nunes, on his mission to destroy the Trump Russia investigation, secured the information.
This information most likely would not have been available to the FBI or to the Justice Department as it was protected by the confidentiality agreement.
It is outrageous that Congressman Nunes would not have done his due diligence and at least, at the very minimum, publicly provide details about his certainty that the government knew who made payment. Instead, his bomb-throwing memorandum discloses zero.
Not revealing this critical information yet shooting missiles at the very courageous people of the FBI and DOJ is reprehensible. It also was, once again, utterly careless that the President of the United States promoted this information, especially since he claims that he does not discuss controversies until he gets all of the facts. Remember that? Yet, Trump, who condemns media he does not like, made a career and a presidency on circulating Fake Information.
It is also disturbing that Fox News and other conspiracy promoters would carry such incomplete information without trying to uncover the basic facts.
Congressman Nunes has an affirmative obligation to disclose how he knows, for an absolute fact, that the FBI and the DOJ knew what he so recklessly claims they knew.
The real question now is whether he is willing to #NunesReleaseTheRealFacts.