Reverse the Facts – the Nunes memo

Imagine for a moment that the Bush-era DOJ had sought a FISA warrant to surveil someone on the Obama campaign.  And they didn’t disclose to the court that a significant piece of evidence was an unverified product of oppo research funded by Romney.

As Orin Kerr points out, it doesn’t mean that the warrant is legally invalid or that the substance of the oppo research is incorrect.  It doesn’t mean that the subject wasn’t worthy of being surveilled.

But it’s still pretty icky.

If you reverse the...