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| Answers About the Secret Memo on the Trump-Russia Inquiry | |
| (about 13 hours later) | |
| WASHINGTON — To #ReleaseTheMemo or not — if only the question were that simple. | WASHINGTON — To #ReleaseTheMemo or not — if only the question were that simple. |
| The hashtag has become a rallying cry for conservatives who accuse federal investigators of abuses in the Russia investigation and describe it as a politically motivated attack on President Trump. They point to a secret House Intelligence Committee memo that is said to contend that the Justice Department and the F.B.I. improperly obtained a surveillance order for a former Trump campaign associate and are seeking its release. | The hashtag has become a rallying cry for conservatives who accuse federal investigators of abuses in the Russia investigation and describe it as a politically motivated attack on President Trump. They point to a secret House Intelligence Committee memo that is said to contend that the Justice Department and the F.B.I. improperly obtained a surveillance order for a former Trump campaign associate and are seeking its release. |
| Democrats say the memo is a thinly disguised, partisan attempt to undermine the special counsel’s investigation. Here are answers to some basic questions. | |
| The memo, according to people who have seen it, is a short summary of some of the intelligence used to support a government request to secretly surveil Carter Page, the former Trump campaign associate. | The memo, according to people who have seen it, is a short summary of some of the intelligence used to support a government request to secretly surveil Carter Page, the former Trump campaign associate. |
| In order to obtain the warrant, the F.B.I. and the Justice Department had to show a Foreign Intelligence Surveillance Court judge that they had probable cause to show that Mr. Page was acting as a Russian agent. | In order to obtain the warrant, the F.B.I. and the Justice Department had to show a Foreign Intelligence Surveillance Court judge that they had probable cause to show that Mr. Page was acting as a Russian agent. |
| The memo’s main argument is that the government, in seeking the warrant, did not disclose that information in the application came from research paid for by the Democratic National Committee and Hillary Clinton’s presidential campaign. Mr. Trump has said that the Democrats’ financial ties to the research support his belief that the Democrats are behind the Russia controversy. | The memo’s main argument is that the government, in seeking the warrant, did not disclose that information in the application came from research paid for by the Democratic National Committee and Hillary Clinton’s presidential campaign. Mr. Trump has said that the Democrats’ financial ties to the research support his belief that the Democrats are behind the Russia controversy. |
| The man behind the research is a former British spy, Christopher Steele, who compiled a dossier of explosive, unsubstantiated information about Mr. Trump and Russia. He told the F.B.I. that he was working for interests opposed to Mr. Trump, and the Republicans question whether the intelligence court judge was misled about Mr. Steele’s credibility. | The man behind the research is a former British spy, Christopher Steele, who compiled a dossier of explosive, unsubstantiated information about Mr. Trump and Russia. He told the F.B.I. that he was working for interests opposed to Mr. Trump, and the Republicans question whether the intelligence court judge was misled about Mr. Steele’s credibility. |
| Some Republican lawmakers who have seen the memo have said it reveals that the F.B.I. was biased against Mr. Trump and misused its authorities in its investigation into Russia’s interference in the 2016 presidential election. | Some Republican lawmakers who have seen the memo have said it reveals that the F.B.I. was biased against Mr. Trump and misused its authorities in its investigation into Russia’s interference in the 2016 presidential election. |
| But that argument is undercut by another piece of information said to be in the committee memo: that the top official at the Justice Department who is overseeing the Russia investigation, Rod. J. Rosenstein, approved a government application to continue the surveillance of Mr. Page, which was originally approved in mid-October 2016. Mr. Rosenstein is a Republican and was appointed by Mr. Trump. | But that argument is undercut by another piece of information said to be in the committee memo: that the top official at the Justice Department who is overseeing the Russia investigation, Rod. J. Rosenstein, approved a government application to continue the surveillance of Mr. Page, which was originally approved in mid-October 2016. Mr. Rosenstein is a Republican and was appointed by Mr. Trump. |
| Democrats who have read the memo say Republicans cherry-picked facts to create their own narrative — one that shows that the government acted improperly in its application for a Foreign Intelligence Surveillance Act warrant and that senior officials at the F.B.I. and the Justice Department were leading a biased investigation into the president. | Democrats who have read the memo say Republicans cherry-picked facts to create their own narrative — one that shows that the government acted improperly in its application for a Foreign Intelligence Surveillance Act warrant and that senior officials at the F.B.I. and the Justice Department were leading a biased investigation into the president. |
| The Republican memo was written by staff members on the House Intelligence Committee, whose chairman, Representative Devin Nunes of California, has led the #ReleaseTheMemo charge. He is a Trump loyalist was on Mr. Trump’s presidential transition team, and he has previously claimed government abuses against Mr. Trump and his associates. | The Republican memo was written by staff members on the House Intelligence Committee, whose chairman, Representative Devin Nunes of California, has led the #ReleaseTheMemo charge. He is a Trump loyalist was on Mr. Trump’s presidential transition team, and he has previously claimed government abuses against Mr. Trump and his associates. |
| Democrats say the Republicans are trying to distract from the continuing investigations into Russian interference in the 2016 election, which the president has called a “witch hunt.” The special counsel, Robert S. Mueller III, has already brought charges against four of Mr. Trump’s former aides. Mr. Mueller has told the president’s lawyers that he will probably seek to interview Mr. Trump. | Democrats say the Republicans are trying to distract from the continuing investigations into Russian interference in the 2016 election, which the president has called a “witch hunt.” The special counsel, Robert S. Mueller III, has already brought charges against four of Mr. Trump’s former aides. Mr. Mueller has told the president’s lawyers that he will probably seek to interview Mr. Trump. |
| The Democrats say Republicans are trying “to selectively and misleadingly characterize classified information in an effort to protect the president at any cost,” as the top Democrat on the House Intelligence Committee, Representative Adam B. Schiff of California, put it on Monday. | The Democrats say Republicans are trying “to selectively and misleadingly characterize classified information in an effort to protect the president at any cost,” as the top Democrat on the House Intelligence Committee, Representative Adam B. Schiff of California, put it on Monday. |
| In an attempt to add more context to the Republicans’ memo, the Democrats crafted their own memo to rebut the Republican narrative, “setting out the relevant facts and exposing the misleading character of the Republicans’ document,” Mr. Schiff said. The Democrats also want their memo, which similarly contains classified information, to be made public. | In an attempt to add more context to the Republicans’ memo, the Democrats crafted their own memo to rebut the Republican narrative, “setting out the relevant facts and exposing the misleading character of the Republicans’ document,” Mr. Schiff said. The Democrats also want their memo, which similarly contains classified information, to be made public. |
| The debate has morphed into something of a competition of which party is more transparent about sensitive intelligence matters that are opaque by design. | The debate has morphed into something of a competition of which party is more transparent about sensitive intelligence matters that are opaque by design. |
| Republicans say they are making the public aware of government abuses and biases against Mr. Trump. | Republicans say they are making the public aware of government abuses and biases against Mr. Trump. |
| “There may have been malfeasance at the F.B.I. by certain individuals,” House Speaker Paul D. Ryan said on Tuesday. “So it is our job in conducting transparent oversight of the executive branch to get to the bottom of that. Sunshine is the best disinfectant. And so what we want is all of this information to come out so that transparency can reign supreme and accountability can occur.” | “There may have been malfeasance at the F.B.I. by certain individuals,” House Speaker Paul D. Ryan said on Tuesday. “So it is our job in conducting transparent oversight of the executive branch to get to the bottom of that. Sunshine is the best disinfectant. And so what we want is all of this information to come out so that transparency can reign supreme and accountability can occur.” |
| When the government wants to get a warrant under the FISA law, applications are made to a special court. These applications are highly classified and voluminous, sometimes 50 to 60 pages, according to John E. McLaughlin, a former C.I.A. deputy director. The deputy attorney general would typically approve this type of request. | When the government wants to get a warrant under the FISA law, applications are made to a special court. These applications are highly classified and voluminous, sometimes 50 to 60 pages, according to John E. McLaughlin, a former C.I.A. deputy director. The deputy attorney general would typically approve this type of request. |
| It’s unlikely a judge would approve a warrant after reading a few pages of information, so the Republicans’ memo does not provide all of the information the judge reviewed. In some cases, the intelligence judge will tell government lawyers requesting a warrant that they need to show more evidence to support the application. Government lawyers often add to their applications until a judge is satisfied that all the standard, known as probable cause, is met. | It’s unlikely a judge would approve a warrant after reading a few pages of information, so the Republicans’ memo does not provide all of the information the judge reviewed. In some cases, the intelligence judge will tell government lawyers requesting a warrant that they need to show more evidence to support the application. Government lawyers often add to their applications until a judge is satisfied that all the standard, known as probable cause, is met. |
| In a letter to Mr. Nunes, an assistant attorney general, Stephen E. Boyd, said releasing the memo without the official process to review classified information would be “extraordinarily reckless.” | In a letter to Mr. Nunes, an assistant attorney general, Stephen E. Boyd, said releasing the memo without the official process to review classified information would be “extraordinarily reckless.” |
| Congress — in particular the House and Senate Intelligence Committees — has a mandate to oversee the activities of the executive branch, including American intelligence agencies, in part to ensure that intelligence is not being used for political gain. | Congress — in particular the House and Senate Intelligence Committees — has a mandate to oversee the activities of the executive branch, including American intelligence agencies, in part to ensure that intelligence is not being used for political gain. |
| “We have crossed a deeply regrettable line in this committee, where for the first time in the 10 years or so that I’ve been on the committee, there was a vote to politicize the declassification process of intelligence, and potentially compromise sources and methods,” Mr. Schiff said on Monday after the vote. | “We have crossed a deeply regrettable line in this committee, where for the first time in the 10 years or so that I’ve been on the committee, there was a vote to politicize the declassification process of intelligence, and potentially compromise sources and methods,” Mr. Schiff said on Monday after the vote. |
| That this House rule has never before been used underscores how unusual a predicament this is for members of the House Intelligence Committee. | That this House rule has never before been used underscores how unusual a predicament this is for members of the House Intelligence Committee. |
| When the intelligence committees become political, oversight of the intelligence agencies becomes “just about impossible,” said David M. Barrett, a professor of political-science at Villanova University who has written a book on the C.I.A. and Congress. “Intelligence becomes just another political football.” | When the intelligence committees become political, oversight of the intelligence agencies becomes “just about impossible,” said David M. Barrett, a professor of political-science at Villanova University who has written a book on the C.I.A. and Congress. “Intelligence becomes just another political football.” |
| The Senate Intelligence Committee is conducting its own investigation into Russia’s interference in the 2016 election. But the panel has not had the type of openly political clashes that have marked the House committee’s inquiry. | The Senate Intelligence Committee is conducting its own investigation into Russia’s interference in the 2016 election. But the panel has not had the type of openly political clashes that have marked the House committee’s inquiry. |
| Republicans on the House committee voted on Monday to invoke a never-before-used rule to release the memo. But the Justice Department and the F.B.I. have warned against making public the sensitive information in the memo without a proper government review. Mr. Trump, who has encouraged its release, has five days to decide whether to make it public. | Republicans on the House committee voted on Monday to invoke a never-before-used rule to release the memo. But the Justice Department and the F.B.I. have warned against making public the sensitive information in the memo without a proper government review. Mr. Trump, who has encouraged its release, has five days to decide whether to make it public. |
| When House Republicans on the intelligence committee voted to release the memo, they also rejected a proposal to release the Democrats’ memo at the same time. Instead, Republicans voted in favor of letting the entire House read the Democratic memo before there is a decision about whether to release it. The move could allow the public to see the Republicans’ side long before seeing the Democrats’, if ever, and thus shape public opinion. | When House Republicans on the intelligence committee voted to release the memo, they also rejected a proposal to release the Democrats’ memo at the same time. Instead, Republicans voted in favor of letting the entire House read the Democratic memo before there is a decision about whether to release it. The move could allow the public to see the Republicans’ side long before seeing the Democrats’, if ever, and thus shape public opinion. |