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February 06, 2018
Hugh Hewitt: The Failure to Confess That the Steele Rumor-Sheet Was Paid for By Hillary and the DNC is a "Damning Omission"
Hewitt was a former prosecutor who reviewed many similar applications.
Yes, a footnote said, vaguely, that the Steele Smear Document was commissioned by a "political" source. That's not quite the same as saying "Donald Trump's opponent in this election commissioned this word salad of unverified rumors and smears, and his opponent now seeks to initiate criminal process against him to even out the email investigation against her."
Here's a bit of what Hewitt wrote:
Upon publication of the Nunes memo, a retired federal judge emailed me: "There is not an officer of the court in the land who in the context of this particular application to the FISA court should not have identified the source of the information as having been the [Democratic National Committee] and the Clinton Campaign. If I had granted the application and then subsequently learned that the information was sourced to the DNC and the Campaign, I would have rescinded the authorization and issued a show-cause order to the Government to explain who and why this sourcing was not made known to the court. The fact (if it be that) that the Government told the court that it was a political source, but did not identify who, in this particular instance, is highly probative that the Government purposely misled the court."