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March 2017

In the Nunes Affair, Don’t Lose Sight of the Unanswered Questions Aspects of the FBI’s handling of the Flynn case deserve further scrutiny. By Andrew C. McCarthy

http://www.nationalreview.com/article/446210/devin-nunes-investigation-chairman-house-intel-committee-michael-flynn

Let us stipulate that it would be difficult for House Intelligence Committee chairman Devin Nunes (R., Calif.) and the Trump White House to have handled a critical intelligence matter any worse.

Still, the questions Nunes has raised are more important than the fact that he shot himself in the foot while pursuing the answers.

The chairman says he was invited by an unidentified intelligence official to review classified documents on the White House grounds — at the Old Executive Office Building, it appears, where the National Security Council has secure facilities for that purpose. These documents purportedly show that communications from Trump transition officials, and perhaps Trump himself, were intercepted during intelligence-agency monitoring of foreign powers; and Nunes says the monitoring in question appears unrelated to Russia’s meddling in the U.S. election.

Nunes reports that the documents he was shown suggest that the Obama administration may have been using its foreign-intelligence powers to shadow the incoming Trump team. Though the communications in question were lawfully intercepted, Nunes suggests that the identities of Trump officials should have been “masked” (i.e., concealed) under standard minimization rules that guide the dissemination of classified foreign intelligence throughout the “community” of U.S. intelligence agencies. Instead, the identities of the Trump officials were revealed and widely transmitted to people with no apparent need to know about the officials’ communications — some of which, in Nunes’s description, had “little or no apparent foreign-intelligence value.”

Nunes’s account cannot be verified because the documents he reviewed have not been disclosed, nor reviewed by anyone else who is talking. Meanwhile, rather than first sharing what he learned with members of the important committee he chairs, Nunes went to the White House to brief President Trump.

This is bizarre for two reasons. First, the classified information Nunes reviewed belongs to the executive branch, which the president leads. Trump does not need to be briefed by a member of Congress; he can direct the appropriate intelligence officials to brief him — and could then declassify and publicize any information he believes the public should have (redacting any information that could compromise critical intelligence secrets, methods and sources). Second, Nunes, who served on the Trump transition team, leads a committee responsible for getting to the bottom of both alleged Russian interference in the 2016 election and the executive branch’s potential abuse of its foreign-intelligence collection power. By opening himself up to the charge that his first loyalty is to the White House rather than to his committee’s investigation, Nunes damages both his own credibility and the perception that his committee can conduct a reliable investigation.