Jerry Nadler’s Leaked Rebuttal of the Nunes Memo Is Very Weak

National Review ^ | 2/4/2018 | Andrew McCarthy

[Rumierules]

Representative Nadler is a shrewd lawyer but he has spent his life in legislatures rather than courtrooms. Representative Jerrold Nadler of New York, the senior Democrat on the House Intelligence Committee, has written a six-page response to the FISA-abuse memo published Friday by the committee’s Republican staffers under the direction of Chairman Devin Nunes (R., Calif.). I won’t get sidetracked by the fact that Nadler’s “Dear Democratic Colleague” letter has been “exclusively obtained” by NBC News — i.e., that it was leaked to the media, whereas the so-called Nunes memo was provided to committee Democrats before publication so they could seek changes. The Nunes memo had to be subjected to a rules-based process because of classified-information issues. The Nadler memo does not seem to contain classified information; it just responds to what the Republicans have produced, which is now public record. I don’t agree with Jerry Nadler’s politics, but he is an able lawyer. What surprises me about his retort is how weak it is. Read more at: http://www.nationalreview.com/article/456093/jerrold-nadler-memo-rebuttal-weak-unpersuasive

[blueplum]

The relevant legal standard for evaluating the FISA application is laid out in Franks v. Delaware. “[T]here is, of course, a presumption of validity with respect to the affidavit supporting the search warrant.” 438 U.S. 154, 171.

well, there is a presumption...until there isn't. And then it's a new ball game.

[MadMax, the Grinning Reaper]

Fat Jerry is an old Marxist from way back.

Check out his background at www.keywiki.org. Search under his name.

And his fight with Al Sharpton raised some interesting questions about who was further left.

[Yardstick]

I had the same reaction. His point about “vicarious credibility” is a good one.

[Rumierules]

I keep reading conflicting information about whether the FISA judges were appointed by Republicans or Democrats. I suspect some of the confusion is: (1) when they were appointed as federal judges v. (2) when they were assigned to the FISA court responsibilities.

Anyone know?

[GOPJ]

No matter how weak, the press will buy it...

[SunkenCiv]

Presstitutes.

[dila813]

They were mainly Obama appointees I don’t know the reason why but they were.