‘ UNCLASSFED rr - of Declastted by orderofthe President | January 18,2018 Teo cae To: LHPSCI Majority Members i From: HPSCI Majority Stat Subject: Foreign Intelligence Surveillance Act Abuses at the Department ofTustice und the Federal Bure of Investigation a Purpose ‘This memorandum provides Members an update on significant facts relating tothe Committee's ongoing investigation into the Deparimeat of Justice (DOM) and Federal Bureau of Investigation (FBI) and their use of the Foreign Intelligence Survelllace Act (FISA) during the 2016 presidential election cycle, Our Snings, which are detailed below, 1) rise concems with ‘the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillarce Coust (FISC), and 2) represent a troubling breakdown of legal processes established ‘to protect the American people from abuses related to the FISA. process | I | Invastialion Update (on October 21,2015, DOS nd FS sought and recived a FSA probable eau onder (otnde Til VID authorizing electone survilince on Carter Page fom the FSC. Pago U.S etzen wo served asa voluntes advisor to the Trump presidental campaign, Consistent | ‘vith quirements under FSA, the apicaton had tobe st ete bythe Ditetoror Deputy | Director of the FBI. It then required the approval of the Attorney General, Deputy Attorney: | ‘Genel (DAG) othe Sente-confimed Assist Attorney Genoa forthe National Seu Divison, | | | ‘The FBI and DOF obtained ono inital FISA. warrant tareting Carter Page and three FISA renewals ftom the FISC. As required by statute (50 U.S.C §1805(4)(0), @ FISA onder on an ‘Amerian citizen must be renewed by the FISC overy 90 days and each renewal requires a separate findiig of probable omuse, hen-Director James Comey signed thee FISA applications in question on behalf ofthe FBI, snd Deputy Director Androw MoCabo signed one. Theo-DAG- Sally Yates then-Acting DAG Dana Boente, and DAG Rod Rosenstein each signed one or more FISA applications on bebalt ot DU. ‘Due to the sensitive natne of foreign intelligence activity, FISA submissions including renewals) betore the FISC are clasified. As such, the public's confidence in te integrity of the FFISA process depends on the court's ability to hold the goverment tothe highest standaré— paiticulaly as i relates to surveillance of American citizens. However, the FISC’s rigor in protecting tho rights of Americans, which ieinbreet by 90-day Fenewvals of sureillaice orders, is necessarily dependent on the governments production to the court ofall matecial and ‘elevant facts, This should incfode information potentially favorable to the target of the ISA [column PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVESTS EEnnein ppliction that is knovi by the government. Inthe case of Carter Page, the goverment had at Jeast four independent opportnities before the FISC to eccurately provide an accounting of the relevant facts, However, our findings indicate that, as described below, material and relevant ‘information was omitted. f 1) The “dossier” compiled by Christopher Stele (Stele dossct) on behalf ofthe Derocratie-Natfonal Committee (DNC) an the Hillary Clinton campaign formed an cessontial part of the Carer Page FISA application. Steele yas a fongtime FRI source who ‘was paid aver $160,000 by the DNC and Clinton eampign, va the lw firm Perkins Coie sand research frm Fusion GPS, to obtain derogatory information on Donald Trump's ties to Russa, 1) Neither the initial application in October 2016, nor any of the renewal, disclose or reference the role ofthe DNC, Clinton campaign, or any paxtyleampaign in funding Steoe’s efits eventhough the political origins of the Stole dossier were then ‘know to senior DOY and FB offices. ') The inital FISA application notes Steele was working for anamed U.S. person, but dots not name Fusion GPS and principal Glenn Simpson, wio was pad by a 1S. law ‘fem (Perkins Coie) representing the DNC (even though it wus known by DOS atthe time that politcal ators were involved withthe Steele dossier). The application does not mention Steele was ultimately working on behalf of—and psid bythe DNC and Clinton campaign, o thatthe FBT had separately authorized payment to Stecle forthe same information. 2) ‘The Carer Page FISA application elt cited extensively a September 23,2016, Yahoo ‘Neus atcle by Michael Isikoff, which focusos on Page's July 2016 trip to Moscow. cle docs not r dossier because i. ti ‘caked by Stele himself to Yahoo News, The Page FISA application incorrectly assesses that Stele did not diretly provide information to Yahoo News. Steele bas admitted in British court flings thethe met with Yahoo News—and several other outets—in Septemibec 2016 atthe direction of Fusion GPS. Peckins Coie was aware of Steele's media contacts beeause they hosted a least one meeting in Washington D.C. 2016 with Steele and Fusion OPS whic this nai wes Uisvussed 2) Steele wes suspended and then terminated as an FBI soure for what the FBT defines ‘asthe most serious of violations —aa unauthorized disclosure tothe media of his relationship with the FBT in an October 30,2016, Mother Jones article by David Corn, Stele should have been terminated for his previous undisclosed contacts with “Yahoo and other outlets in September-before the Page applicetion was submitted to UNCLASSIFIED TORRES PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES |a 4 oC the FISC in Oetober—but Stool improperly concealed from and lied to the FBI about those contact 1) ‘Stecle’s mumetous encounters withthe media volsted the cardinal rule of source ‘banding maintsning confidentiality—and demonszated that Stosle had become a Jess than liable soure forthe FBI. ‘Before and after Stesle was terminated as a sonre, he maintained contact with DOJ via then-Assoiaté Deputy Attorney General Bruce Oh, a senior DOJ oficial who worked closely with Deputy Attorneys General Yates and later Rosenstein, Shortly after the lection, the FBI began interviewing Ohr, documenting his communications with Stele. For example, in September 2016, Steele admitted to Obr his feelings agains then- candidate Trump when Steele sid he “was desperate that Donald Trump not get ‘lected and was passionate about him not being president” This ceer evidence of Steele's bias was reorded by Ohr atthe time and subsequently in official FBI iles—but ‘not reflected in any ofthe Pago FISA applications. 1) During tis same time period, O's wife was employed by Fusion GPS to assist in ‘the cultivation of opposition research on Trump. Oh later provided the FBI with all ‘of hie wife's opposition rsearch, pid for by the DNC and Clinton eampign via ‘Fusion GPS, The Ohi relationship with Stele and Fusion GPS was inexplicably concealed fom the FISC, According othe head ofthe FBI's counterntelligence division, Assistant Director Bll Priestap, corroboration of the Steele dossier was ints “infancy” at the time of the initia ‘Page FISA application. Aer Steele was teminated, a source validation report conducted bby aa independent nit within FBI asessed Stecl's reporting as only minimally corroborated, Yet, in carly Jamary 2017, Director Comey briefed President-elect Trump ‘ona summary ofthe Stosle dossie, even though it was according to his June 2017 testimony—salacious and uaverfied” While the FISA application relied on Stele's ‘past record of eredible reporting on oer unrelated mates, it ignored or concealed his sati-Trump financial and ideological motivations. Purthermore, Deputy Director ‘MoCabe ttified before the Committe in Decemper 2017 tht no surveillance werent ‘would have been sought fram the FISC without the Stocle dossier information. UNCLASSIFIED Fett PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES5) "The Page FISA application also mentions information regarding fellow Trump campaign ‘adviser George Papadopoulos, but there is no evidence of any couperetion or conspiracy between Page and Papadopoulos, The Papadopoulos information triggered the opening cof.an FRI counteriatelligence investigation in Into uly 2016 by FBI ageat Pete Stok, ‘Strzok was reassigned by the Special Counsel's Office to FBI Human Resources for ‘improper text messages with his mistress, FBI Attorney Lisa Page (no known relation to Carer Bage), where Uae both desnonstste elo bits aio Tras and favoe of Clinton, whom Stz0k had also investigated. ‘The Strzok/Lisa Page texts also reflect ‘extensive discussions about the investigation, orchestrating Leaks to the media, and include a meeting with Deputy Director McCabe to discuss an "insurance" policy aginst lent Trump's election. UNCLASSIFIED OTT ‘ PROPERTY OF THE U.S. HOUSE OF REPRESENTATIVES