House Intel chair Devin Nunes retains subpoena power in Russia inquiry
Reporting by CBS News' Catherine Reynolds
Even though House Intelligence Chairman Devin Nunes has stepped back from his committee's Russia investigation, he's still the one issuing the subpoenas, and that strikes House Minority Leader Nancy Pelosi as wrong.
"If he recused himself on subjects, Russia, then he shouldn't have access to documents relating to subject, Russia, and he shouldn't be issuing separate subpoenas attaching them to a bipartisan subpoenas that were issued this week," Pelosi said Friday.
The House Intel Committee issued four subpoenas related to its Russia investigation this week, and three others to the FBI, CIA and NSA that were related to "unmasking," the exposure of Trump campaign officials mentioned in classified intelligence reports, based on intercepts of conversations.
Pelosi also told reporters, "[M]y dismay, my objection has been conveyed to the Speaker on more than one occasion."
A GOP staffer on the committee countered that the unmasking subpoenas aren't related to the Russia probe.
Nunes recused himself when several groups filed complaints against him with the Office of Congressional Ethics and the House Ethics Committee launched an investigation, after Nunes reviewed controversial intelligence documents on White House grounds in March.
On Thursday, ranking member on the House Intelligence Committee, Rep. Adam Schiff, D-California, explained on MSNBC's "Andrea Mitchell Reports" that "the committee rules provide that the Chair has to sign the subpoenas unless that authority is delegated to someone else."
Schiff feels that Rep. Mike Conaway, R-Texas, who is filling Nunes' role as head of the Russia investigation, is the person who should have that authority. "That hasn't happened yet," Schiff said, adding that he thinks it's a "violation of the recusal" by Nunes.
Nunes tweeted about unmasking Thursday.
Seeing a lot of fake news from media elites and others who have no interest in violations of Americans' civil liberties via unmaskings.
— Devin Nunes (@DevinNunes) June 1, 2017
President Trump also tweeted about unmasking Thursday.
The big story is the "unmasking and surveillance" of people that took place during the Obama Administration.
— Donald J. Trump (@realDonaldTrump) June 1, 2017
A senior committee aide told CBS News that the discussions over the timing and language of the bipartisan subpoenas in the Russia probe -- those involving former National Security Adviser Michael Flynn and Trump lawyer Michael Cohen -- were specifically discussed for several weeks. But Democrats were only informed about other subpoenas -- those related to unmasking -- at the last minute.
"I only learned about this late the night before, and that's a problem," Schiff told Mitchell. "And these were sent out unilaterally by the chairman."
Although Nunes has stepped away from the Russia investigation, he's still the chairman, Speaker Ryan's spokeswoman, Ashlee Strong, points out.
"While Mr. Conaway leads the Russia investigation, Mr. Nunes remains the Chairman of the Intel Committee and has the right and responsibility to conduct oversight of the intelligence community," she told CBS News in a statement, "especially as it relates to the potential misuse of intelligence agencies against Americans."
Democrats on the committee largely oppose these subpoenas because they believe the intelligence agencies have been cooperative.
The congressional and FBI investigations into Russian election meddling appear to be ramping up, and getting more uncomfortable for the White House. Jared Kushner, President Trump's son-in-law and senior adviser, is under scrutiny in the FBI's investigation, fired FBI Director James Comey will testify before Congress next week about a conversation he had in which the president asked him to drop the FBI's investigation into former National Security Adviser Michael Flynn.