It appears that the memo develops a theory I first heard on Sup Forums way back in March of 2017, when there was a lot of buzz about this article:
>lawnewz.com/high-profile/yes-obama-could-be-prosecuted-if-involved-with-illegal-surveillance/
Nunes's memo seems to follow, in general if not in every specific, at least a part of the analysis set out in the 2017 lawnewz piece:
>The law forbids, under criminal penalty, the misuse of FISA.
>An application for a warrant of any kind requires an affidavit, and that affidavit may not omit material factors. Obama’s team may have perjured themselves by withholding material information.
>In particular, the alleged failure to disclose Trump's name in the second application could be a serious and severe violation of the obligation to disclose all material facts.
It will be interesting to see the details of Nunes's argument.
What the FBI is trying to do, btw, is set forth their legal defense, **as if they were the defendants in a criminal prosecution** (which some of them may well be before all is said and done).
But fuck the FBI and the DOJ. They use every dirty trick in the book, as seen in the Bundy prosecution, for example. The FBI murders people, and the DOJ destroys innocent lives, by overcharging, withholding evidence, etc etc. (Mueller is a particularly dirty and corrupt prosecutor, I might add.)
The FBI and the DOJ are fortunate in that Nunes and the rest of the GOP are going to treat them **far** more fairly than the FBI and DOJ typically treat their victims.
But expect the FBI and the DOJ to continue using every dirty trick in the book to escape liability for their criminal surveillance of the Trump campaign.