What Happened to Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation (Nunes Memo)?

The Nunes Memo, formally titled "Foreign Intelligence Surveillance Act Abuses at the Department of Justice and the Federal Bureau of Investigation," was a four-page document drafted by staff for then-House Intelligence Committee Chairman Devin Nunes and publicly released on February 2, 2018. The memo alleged that the FBI and Department of Justice (DOJ) "may have relied on politically motivated or questionable sources" to obtain and renew a Foreign Intelligence Surveillance Act (FISA) warrant in October 2016 on Trump campaign adviser Carter Page. A central claim was that the FISA applications heavily depended on the Steele dossier, an opposition research document funded in part by the Democratic National Committee and the Hillary Clinton campaign, without adequately disclosing its political origins to the Foreign Intelligence Surveillance Court (FISC).

The memo emerged amidst the broader investigation into Russian interference in the 2016 U.S. elections and potential collusion with the Trump campaign. Republicans, led by Nunes, argued that the memo presented evidence of politically biased FBI employees abusing the FISA warrant process to undermine the Trump presidency. They sought to expose what they viewed as institutional misconduct and to discredit aspects of the ongoing Russia investigation, then led by Special Counsel Robert Mueller. Democrats, however, characterized the memo as a politically motivated attempt to undermine the credibility of federal law enforcement and the Mueller probe.

Key turning points included President Donald Trump's decision to declassify and release the memo despite strong objections from the Justice Department and the FBI, who warned of "extraordinarily reckless" disclosure and "grave concerns about material omissions of fact that fundamentally impact the memo's accuracy." Democrats on the House Intelligence Committee drafted a rebuttal memo, which was initially blocked by Trump but later released in a redacted form in March 2018. In July 2018, heavily redacted versions of the Carter Page FISA applications were released, showing a footnote indicating that the individual who hired Steele was "likely looking for information to discredit" the Trump campaign, a point of contention regarding sufficient disclosure.

The consequences of the Nunes Memo were significant. It deepened partisan divisions, particularly regarding the legitimacy of the Russia investigation and the integrity of U.S. intelligence agencies. While the memo alleged abuses, a December 2019 report by Inspector General Michael Horowitz found 17 "significant errors or omissions" in the FISA applications, validating some aspects of the memo's concerns, but did not find evidence that political bias motivated the opening of the investigation or the decision to seek FISA warrants. The memo's release also damaged trust between Congress and the intelligence community and fueled ongoing debates about the scope and oversight of government surveillance powers.

As of August 22, 2026, the legacy of the Nunes Memo continues to resonate, particularly in the context of the Foreign Intelligence Surveillance Act (FISA) Section 702. This controversial authority, which allows for warrantless surveillance of foreign nationals that can incidentally collect Americans' communications, has been subject to intense debate and temporary lapses in 2026. Congress has been negotiating its reauthorization and reforms, with Section 702 temporarily lapsing on June 15, 2026, after extensions and failed agreements. Devin Nunes himself resigned from Congress in December 2021 to become CEO of Trump Media & Technology Group (TMTG), which owns Truth Social. He left that role in April 2026 and, as of August 2026, has re-emerged as a wine investor and owner of a tasting room in Pismo Beach, California, while also serving as Chair of the President's Intelligence Advisory Board since January 2025.