posted by gut
This is a new level of head-in-the-sand even for you. McCabe TESTIFIED a warrant would not have been sought without the Dossier - which was clearly not vetted, and later determined to be unreliable.
Remember how upset everyone was with the fake yellow cake docs? But now you "need more information".
The Most enjoyable thing about this Memo is how it has made Conservatives leap to the same wild conclusions without hard evidence that they criticize the liberals for doing with regard to #MuhTRumPRussia.
I don't care about any of this stuff but your motivated reasoning is enjoyable to read.
The Memo itself states that FBI agent Peter Strzok opened the investigation based on information about Papadapolous.
Here is Orin Kerr's take on it - a pretty well known libertarian leaning attorney who has practiced on 4th Amendment issues - and the general idea that somehow, even if this were based on the dossier, that it would be some kind of a fraud on the four Republican FISA court judges that authorized surveillance on a guy the FBI thought was a spy.
It seems likely that the House Intelligence Committee will soon #ReleaseTheMemo. According to press reports, the memo claims that the FISA application to monitor Trump campaign advisor Carter Page included information sourced from former British intelligence officer Christopher Steele "without adequately explaining to the judge that Democrats financed Mr. Steele’s research."
This is a scandal, the argument runs, because it means the application was fraudulent. Because Steele was funded by Democrats, his reports were just unreliable opposition research designed to make Trump and his associates look bad. And if the FISA application was based on Steele's unreliable research, and DOJ never told that to the FISA Court, then DOJ misled the court and the court should not have issued the warrant.
As a Fourth Amendment nerd, it seems to me that the premise of #ReleaseTheMemo is pretty dubious. The apparent idea is that the failure to adequately document the funding behind Steele's work is a huge deal and a fraud on the court. But as a matter of law, that seems pretty unlikely to me. When federal judges have faced similar claims in litigation, they have mostly rejected them out of hand. And when courts have been receptive to such claims, it has been because of specific facts that are likely outside the scope of the memo that will be released.
I have been pretty happy overall with Trump's presidency so far given his terrible personality as none of the hyperbolic predictions have come to pass. Bad the sad reality of people like Gut falling into line to carry water believing wild things to defend Trump, etc. shows how the fruit could be there for awful things to come to pass