1. I don't know if Devin Nunes is under investigation. But if the reporting is accurate, I think he could be a lawful target for a FISA Title I order.
Among other things, FISA authorizes electronic surveillance of "agents of a foreign power"
Among other things, FISA authorizes electronic surveillance of "agents of a foreign power"
https://twitter.com/levparnas/status/1372696036339236869
2. and a FISA warrant application requires a showing of probable cause that the target is an agent of a foreign power. The statute makes a distinction between the showing required for US persons and for foreigners.
3. Any person (including a US person)
who, pursuant to the direction of an intelligence service of a foreign power, knowingly engages
who, pursuant to the direction of an intelligence service of a foreign power, knowingly engages
4. in clandestine intelligence activities on behalf of a foreign power, which activities involve or are about to involve a violation of a US criminal statutes, are subject to FISA.
It also authorizes a warrant if a US person knowingly aids or abets any person in the conduct
It also authorizes a warrant if a US person knowingly aids or abets any person in the conduct
5. of the clandestine activities or conspires to engage in the activities of the foreign agent.
Applied to Nunes, we know he was working with a Russian intelligence officer engaged in clandestine operations to influence the US election. Because it is a
Applied to Nunes, we know he was working with a Russian intelligence officer engaged in clandestine operations to influence the US election. Because it is a
6. crime for a foreign state to engage in US election activity under 52 USC 3012I, I think that checks off the elements if it is shown that Nunes knowingly aided or abetted the foreign agent in his clandestine activities.
Nunes has been hiding the activities.
Nunes has been hiding the activities.
7. If that supported the FISC court finding that Nunes knowingly aided the foreign agent concealing his unlawful clandestime activity, IMO Nunes could be the lawful subject of a Title I order. And under the "two hop rule" the order could
8. cover other members of Congress and everyone with whom they had contact. Nunes is on the intelligence committee. He has access to military related top secret materials. A Russian agent would almost certainly try to get Nunes to provide secrets both for the value they hold
9. but also as the hook to recruit Nunes lest he be exposed for the crime of espionage.
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