The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


"The Nunes Memo Is All Smoke, No Fire"

My op-ed on the Nunes memo.


Yesterday's New York Times published my op-ed on the Nunes memo. It begins:

The #Memo has been released. This document from House Republicans promises to detail government abuses surrounding 2016 election surveillance. But the memo is more confusing than illuminating. It doesn't so much provide evidence about abuses as make arguments that can't be evaluated based on the facts it discloses.

Even assuming the memo's claims are true — which we can't determine from the document itself — it still does not establish an "abuse" of the foreign intelligence laws.

I probably should have posted a link to that op-ed yesterday rather than today, as the memo story is moving quickly and my piece (written Friday) is probably outdated by now. Better late than never, I hope.