Rep. Nunes' charge of Trump team surveillance 鈥 why it's key
House Intelligence Committee chairman Devin Nunes has in recent days roiled his panel鈥檚 investigation of Russian interference in the US election. Democrats say he's put the probe's credibility in doubt.
House Intelligence Committee chairman Devin Nunes has in recent days roiled his panel鈥檚 investigation of Russian interference in the US election. Democrats say he's put the probe's credibility in doubt.
A number of former top National Security Agency (NSA) officials were standing around Friday, chatting prior to an academic conference in Washington.
Talk turned to the chairman of the House Intelligence Committee, Rep. Devin Nunes (R) of California, whose panel has been investigating Russian interference in the US election, and his charge this week that President Trump鈥檚 transition team had been subject to surveillance by US intelligence.
The charge, and the fact that Representative Nunes conveyed that information to Mr. Trump before making it available to his panel, caused a sensation after a drumbeat of testimony that there was no evidence to support Trump鈥檚 explosive accusation that he had been subjected to wiretapping at the direction of his predecessor, President Barack Obama.
None of the ex-NSA leaders could figure out what Nunes was talking about. They found his claims vague and inconsistent. They weren鈥檛 even sure what form of spying he was referring to.
鈥淭hey were scratching their heads trying to figure out what was going on,鈥 says James A. Lewis, a senior vice president at the Center for Strategic and International Studies (CSIS) and former State Department official who witnessed the discussion.
Their confusion was perhaps indicative. The Intelligence Committee chairman in recent days has roiled his own panel鈥檚 investigation, which includes looking into allegations of collusion between Russia and Trump campaign officials.
Democrats say Nunes鈥檚 actions have put the probe鈥檚 credibility in doubt.
Critics have redoubled calls for some sort of independent commission or select committee to take over the Russia issue. Nunes says he is only fulfilling his responsibilities as intelligence panel chief.
鈥淚 felt like I had a duty and an obligation鈥 to inform the Trump administration that information dealing with some transition officials may have been 鈥渋ncidentally collected鈥 by US agencies, Nunes told Sean Hannity of 聽Fox News Thursday night.
Request for documents
This dispute began Wednesday when Nunes held a snap press conference to announce that a source had revealed to him 鈥渄ozens of reports鈥 showing that unnamed US intelligence agencies had collected information about Trump or members of his transition team as part of their 鈥渘ormal foreign surveillance.鈥
This collection was legal, said Nunes at both his original press conference and a second availability on the White House lawn following a meeting with Trump. It was not confirmation, he said, that Trump鈥檚 tweets claiming he was wiretapped by Mr. Obama were true.
But Nunes said he was worried about the 鈥渦nmasking鈥 of names of US persons in these reports and that the development was 鈥渟ignificant鈥 enough to warrant his telling Trump as soon as possible.
Since then Nunes has walked back a bit from his original implications. He doesn鈥檛 have the documents in question in his possession, though he鈥檚 requested them from the NSA. He is not sure whether Trump officials were part of the conversations collected by US intelligence, or whether their names were simply mentioned by two foreign persons under US surveillance.
On Friday, Nunes declined to say how many Trump-related names had been 鈥渦nmasked鈥 in whatever documents he is talking about.
鈥淚 don鈥檛 know that yet,鈥 he said at a press availability, saying he was waiting for the NSA to provide copies of the documents for his full perusal.
Section 702
So what鈥檚 he referring to?
Presumably, the Intelligence Committee chairman is referring to reports or other summaries of emails or phone conversations obtained by the NSA under Section 702 of the Foreign Intelligence Surveillance Act.
This law allows the NSA to listen in on foreign targets. If the foreign target happens to contact a US citizen, the NSA can still spy on the communications. That鈥檚 called 鈥渋ncidental collection.鈥 But the agency has to mask the name of the American. The name can be unmasked for compelling intelligence reasons.
What we don鈥檛 know is who was talking to whom, says Mr. Lewis of CSIS. It could have been a Russian under surveillance talking to an American 鈥 Ambassador Sergey Kislyak talking to former Trump National Security Advisor Michael Flynn, for instance. Or it could have been foreigners simply talking about an American.
鈥淢y best guess is that Russian targets for collection were discussing the election and mentioned the names of some people,鈥 says Lewis.
Why those names were unmasked would remain a question. Perhaps they were integral to the intelligence value of the conversation 鈥 it would be indicative if someone were speaking of an important Trump associate, for instance.
On Friday Nunes said he can鈥檛 figure out why the names he鈥檚 seen were not hidden. But he added that all of it appeared to be 鈥渓egal surveillance鈥 as well as 鈥渧aluable intelligence.鈥
Raised temperature
Absent more details, it鈥檚 unclear whether Nunes has uncovered a situation that鈥檚 troubling or not. But simply by raising the charge he鈥檚 increased the political temperature of his own panel鈥檚 work.
The top Democrat on the House Intelligence Committee, Rep. Adam Schiff (D) of California, has said that the chairman鈥檚 actions have raised 鈥減rofound doubt鈥 about the panel鈥檚 ability to conduct an impartial investigation of Russian meddling. Nunes didn鈥檛 brief the committee on his findings until he鈥檇 been to the White House and held two press conferences, Representative Schiff said.
On Friday the situation became further inflamed when Nunes canceled a public hearing scheduled to feature former Director of National Intelligence James Clapper, among others. That move is meant to 鈥渃hoke off public info,鈥 Schiff tweeted.
In its place the panel will hold a closed hearing with FBI director James Comey and NSA chief Adm. Mike Rogers, who testified publicly earlier in the week.
鈥淚t鈥檚 necessary to get both of them back down here before we can move onto other interviews,鈥 Nunes said.