Tag: FISA

Justice Dept recommends Trump veto of FISA bill

10:05 am

The Justice Department yesterday recommended that President Trump veto of the new reauthorization bill of the FISA court presently working its way through Congress.

Sadly, Justice’s reasons for this recommendations is that they reject House amendments to the bill by Democrats that would weaken its ability to spy on Americans.

The bill reauthorizes three surveillance programs and makes some changes to the court established by the Foreign Intelligence Surveillance Act (FISA). But the Senate, when it took up the bill earlier this month, added language to create new legal protections for some FISA warrant applications, a change that garnered pushback from the Justice Department.

[Assistant Attorney General Stephen] Boyd said on Wednesday that the Justice Department had offered “specific fixes to the most significant problems” stemming from the changes made by the Senate but signaled that they had been ignored by House lawmakers.

Instead, the House will vote on an additional amendment to the legislation as part of its debate on Wednesday that would tighten the limits on the FBI’s ability to access Americans’ web browsing history.

Boyd warned that the Justice Department believes the proposed change from the House would “weaken national security tools while doing nothing to address the abuses identified by the DOJ Inspector General.”

The good news here is that this recommendation, as odious as its goals are, will give Trump ammunition for vetoing the bill, which in the end will end this corrupt court. And that goal should be the goal of every freedom-loving American.

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Senate approves FISA renewal

12:11 pm

Ya gotta have your KGB! The Senate today approved 80-16 a renewal of the FISA court, allowing that corrupt secret tribunal to continue its spying on Americans.

Since the Senate revised the House bill slightly, the new version will have to go back to the House for approval. It is unclear if the House will approve it as written, or if Trump will sign any of these versions.

Republicans, who spear-headed the passage of this bill, will claim that its new restrictions will protect the rights of Americans. They are lying.

While senators agreed to add the Lee-Leahy bill, they also rejected two other amendments: one from Sen. Rand Paul (R-Ky.) preventing FISA warrants from being used against Americans and one from Sens. Steve Daines (R-Mont.) and Ron Wyden (D-Ore.) preventing law enforcement from obtaining internet browsing and search history without a warrant.

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IG report: FBI screwed up on every single FISA warrant application it submitted

12:58 pm

So, why hasn’t Trump fired everybody there? A new inspector general review of 29 FBI FISA warrant applications has found that on every single application looked at, the FBI made numerous errors, often failing entirely in doing the most basic required documentation.

The [inspector general] review released Tuesday suggests that the FBI’s problems are widespread. “As a result of our audit work to date and as described below, we do not have confidence that the FBI has executed its Woods Procedures in compliance with FBI policy,” the [report] said in a memo to FBI Director Christopher Wray.

More information here, including the revelation that the FBI could not even find the files for four of these warrants. The IG suspects they might never have existed.

I repeat: Why has Trump so far not fired the entire upper management at the FBI involved in this work? Every single one of these bums should be out on the street, looking for work (though to be honest, the last place I’d want to see them working is as a stock person in a supermarket. They’d hoard and steal, and everyone else would starve.).

For example, the IG memo was submitted to Wray, who has been a top manager at the agency for years, and was directly involved in issuing most of these FISA warrants. Does anyone really expect him to fix this problem? He’s part of it.

Until Trump begins a real house-cleaning, I have no faith in his claim that he is “draining the swamp.” Instead, I see him as simply doing a little light dusting, just enough to make us peons not notice the thick piles of dirt buried under the rugs and beneath all the cushions and behind the books.

Also, this IG report provides further proof that Congress should not renew the FISA court law, when it comes up for renewal again in about two months. The entire law and all involved with it are corrupt, and routinely have abused the power it gave them.

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House about to renew FISA with only cosmetic changes

9:34 am

The fix is in: The House is about to vote on a renewal of the Foreign Intelligence Surveillance Act (FISA), incorporating what appear to be only cosmetic changes to the law.

The deal reached by House leaders would require officers overseeing FISA applications to certify that the Justice Department has been fully informed of any issues with the accuracy of the application, and require that agencies submitting applications appoint officers to ensure the applications are compliant with the law.

The bill also includes measures to assuage concerns by Democrats and libertarians worried about government overreach in surveilling of American citizens, such as ending the National Security Agency’s to collect call detail records. It also includes measures to increase transparency, requiring the Justice Department to publish reports explaining its positions on how information is derived for FISA applications.

These are changes desired by the Democrats in the House. Or to put it another way, they are working hard to renew a law that I would call “The Law to Enable Democrats and their Allies in the Justice Department, FBI, and CIA to spy on Republicans”.

This law should expire. Trump should veto any renewal effort, no matter who writes it. It is unconstitutional., has done nothing to protect us, even as it is has been abused to violate our constitutional rights.

And even if it could be argued that the law provided the country some added security that would be lost if it expires, freedom is more important.

UPDATE: The House has passed the bill, which Senator Rand Paul (R-Kentucky) condemned as “weak sauce.”

“The ‘Deal’ on FISA is weak sauce diluted [and] made impotent by A.G. Barr. None of the reforms prevent secret FISA court from abusing the rights of Americans. None of the reforms prevent a President of either party from a politically motivated investigation. Big Disappointment!” Paul tweeted early Tuesday evening.

Paul and Sen. Mike Lee (R-Utah), who have both vocally called for sweeping reforms to FISA, are urging President Trump to veto the bill if it arrives at his desk.

Barr was first pushing for passage of a renewal that would have changed nothing in the law, making me think that his so-called investigations into the FISA corruption are probably hogwash. He might make noises about upholding the law, but so far what he has done makes him appear a willing partner in the Washington corrupt culture, working to keep the status quo.

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Trump refuses to renew FISA without changes

10:11 am

President Trump yesterday once again told Congressional leaders that he will let the law that authorizes the FISA court to expire rather than sign a renewal with no changes in the law.

The surveillance provisions are set to expire on March 15, and the White House indicated to Republican leaders Tuesday that it would support only a temporary, 30-day extension to allow Congress to iron out the reforms.

House Democratic leaders have indicated publicly they are open to bipartisan compromise.

“Just got back from the White House. @realDonaldTrump made it abundantly clear that he will NOT accept a clean reauthorization of the Patriot Act without significant FISA reform! I agree with him!” Kentucky GOP Sen Rand Paul tweeted Tuesday.

Paul has been pushing for some fundamental changes, and it is very clear now that he has Trump backing him.

As far as I am concerned, we will be better off letting this unconstitutional law expire entirely. It was specifically designed to to give the courts and federal agencies a method for violating the Constitution in order to allow them more freedom for providing us better security. The result however has been that those agencies did a poor job of protecting us even as they misused the law in an effort to overthrow a legal election.

That Congress was even contemplating a renewal without changes illustrates once again how little they care about the interests of the American people, or the Constitution. They apparently like such violations, and want the ability to allow them to continue. Trump (and Senator Paul) are forcing them to do their proper jobs.

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FISA court condemns FBI

3:37 pm

The FISA court has issued a rare public rebuke of the FBI over its apparent misconduct and illegal tampering of evidence, as documented by the inspector general report released last week, misconduct aimed at misleading the court into issuing uncalled FISA warrants.

[T]he chief judge of the Foreign Intelligence Surveillance Court [FISC] strongly criticized the FBI over its surveillance-application process, giving the bureau until Jan. 10 to come up with solutions, in the wake of findings from Justice Department Inspector General Michael E. Horowitz.

The order, from the court’s presiding judge Rosemary M. Collyer, came just a week after the release of Horowitz’s withering report about the wiretapping of Carter Page, a former campaign adviser to President Trump. “The FBI’s handling of the Carter Page applications, as portrayed in the [Office of Inspector General] report, was antithetical to the heightened duty of candor described above,” Collyer wrote in her four-page order. “The frequency with which representations made by FBI personnel turned out to be unsupported or contradicted by information in their possession, and with which they withheld information detrimental to their case, calls into question whether information contained in other FBI applications is reliable.” [emphasis mine]

This is another independent confirmation that the behavior of the upper echelons of the FBI during the Obama administration was corrupt, apparently acting to take sides during the 2016 election against Donald Trump.

The highlighted words however are to me very distressing. The FISA court is asking the bad apples to come up with new procedures to prevent them from behaving as bad apples again. If this is all that happens then they will have gotten away with it, and will proceed to do worse in 2020 and beyond.

What needs to happen is firm contempt citations against specific individuals, people like James Comey, followed by prosecution. Until that happens the bad guys will still be in charge, and the American justice system will still be corrupted.

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Spygate from a scientific perspective

12:50 pm

Back in February 2018, Republican-controlled committees in both the House and the Senate released detailed memos, dubbed the Nunes and Grassley memos respectively, accusing the FBI and the Obama Justice Department of using unverified and false information that was nothing more than opposition research paid for by the Clinton campaign to illegally obtain Foreign Intelligence Surveillance Act (FISA) warrants from the Foreign Intelligence Surveillance Court (FISC), warrants that allowed them to spy on the campaign of Donald Trump as well as his administration following his election victory in 2016.

Put more bluntly, the Republicans accused the Clinton campaign, with the help of the Obama administration, of weaponizing the surveillance powers of the FBI and the Justice Department in order to defeat their political opponents.

Not surprisingly, the Democrats and former Obama officials denied these allegations, calling both memos partisan and false. In the House the Democrats issued their own memo, claiming the Republican memos left out key information that made their arguments invalid.

Who was right? What was true? How was an ordinary citizen going to determine which of these competing political positions properly described what had actually happened?

At the time I admit my instincts and own personal biases led me to believe the Republicans. Even so, the allegations were so horrifying — suggesting a clear abuse of power and a willingness of people in Washington to subvert an American election — that some skepticism of the Republican accusations was certainly reasonable.

In fact, the best thing one could do in this situation is to take a scientific approach to the problem. The Republicans had put forth a theory, citing some data that suggested the Obama administration, the Justice Department, and the FBI had abused their power in the worst possible manner. To prove that theory the Republicans would require both corroborating evidence as well as independent reviews that confirmed their conclusions.
» Read more

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New FISA release confirms Obama and FBI illegally conspired to spy on Trump

12:20 pm

Working for the Democratic Party: The release this weekend of the heavily redacted FISA application that apparently began the Russian collusion investigation at the FBI has confirmed that the warrant was obtained under false pretenses, and that Obama and FBI illegally used it to justify spying on Trump and the campaign of their political opponent.

Several takeaways noted in the article:

  • Peter Strzok is a liar, though this is hardly news
  • The FISA warrant hung entirely on the claim that Carter Page was working as a spy for the Russians, but two years later he has never been charged with any crimes, suggesting that his name was used merely as a tool to open the spying operation on Trump and the Republicans.
  • The FISA warrant was almost entirely dependent on the fake dossier that had been produced as opposition research by the Clinton campaign, paid for by Clinton campaign dollars, and was not verified then, and remains unverified now. In fact, it remains an absurd tissue of lies and falsifications that should never have been brought before a judge.

More here, including the fact that it appears the warrant application was far too dependent on news stories from partisan Democratic press outlets, information that is unverified and unacceptable to use as justification for a warrant to spy on any American, no less a presidential candidate, and by the opposing party as well.

Even more here, including showing that James Comey is also a blatant liar.

The first link above sums up as follows:

The FBI’s use of flimsy and uncorroborated evidence to support spying on Page, combined with the fact that a 3-month extension was granted despite the fact that it was obvious by June, 2017 he wasn’t a Russian agent, will most certainly embolden those, like President Trump, who have called the entire Russia investigation a “witch hunt.”

The second link also adds:

What I really want to know is the identity of the judge who signed off on the surveillance of Carter Page, based on such flimsy grounds. Some are speculating that he must be from Hawaii.

That judge should be removed from office.

Moreover, the entire FISA law should be repealed. It is unconstitutional, and designed to encourage the abuse of power by those in power. Not enough people are saying this, but it really is the fundamental takeaway from this whole scandal. Just because Obama abused the law does not mean Republicans won’t. It must be repealed.

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Did the Obama administration use the FBI to put a spy in the Trump campaign?

10:16 am

New evidence forced by Congress from the FBI now suggests that during the campaign the Obama administration used the FBI to insert a spy into the Trump campaign.

The details can be found here, including this quote:

The bureau already has some explaining to do. Thanks to the Washington Post’s unnamed law-enforcement leakers, we know Mr. Nunes’s request deals with a “top secret intelligence source” of the FBI and CIA, who is a U.S. citizen and who was involved in the Russia collusion probe. When government agencies refer to sources, they mean people who appear to be average citizens but use their profession or contacts to spy for the agency. Ergo, we might take this to mean that the FBI secretly had a person on the payroll who used his or her non-FBI credentials to interact in some capacity with the Trump campaign.

This would amount to spying, and it is hugely disconcerting. It would also be a major escalation from the electronic surveillance we already knew about, which was bad enough. Obama political appointees rampantly “unmasked” Trump campaign officials to monitor their conversations, while the FBI played dirty with its surveillance warrant against Carter Page, failing to tell the Foreign Intelligence Surveillance Court that its supporting information came from the Hillary Clinton campaign. Now we find it may have also been rolling out human intelligence, John Le Carré style, to infiltrate the Trump campaign.

If this is true, this abuse of power here by the Obama administration, during a campaign, is far worse that anything anyone has accused Trump of doing. More important, we have zero evidence against Trump, but now ample evidence against Obama and the Democrats. Just as Obama weaponized the IRS illegally to attack conservatives, it now appears he used the FBI and the Justice Department to illegally spy on the Republican campaign for President.

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Sessions names US attorney to investigate FISA abuses

10:03 pm

Attorney General Jeff Sessions today informed Congress that he has tasked United States Attorney John W. Huber, based in Utah, to investigate the possible misuse of the FISA court by the Obama administration, the Justice Department, and the FBI during and after the presidential campaign.

From Sessions’ letter to Congress:

Mr. Huber is conducting his work from outside the Washington, DC. area and in cooperation with the Inspector General. …I am confident that Mr. Huber’s review will include a full, complete, and objective evaluation of these matters in a manner that is consistent with the law and the facts.

I receive regular updates from Mr. Huber and upon the conclusion of his review, will receive his recommendations as to whether any matters not currently under investigation should be opened, whether any matters currently under investigation require further resources, or whether any matters merit the appointment of a Special Counsel.

Huber is an Obama appointee, but appears to have avoided participating in partisan games. This will make it harder for Democrats to blast him should he recommend a special prosecutor is necessary. Meanwhile, some Republicans are complaining about Sessions’ decision to hold off appointing a special prosecutor, but I think this decision is smart. Huber will be under Sessions’ supervision and command. A special counsel would be uncontrollable (witness Mueller and every past special prosecutor). Considering the corrupt culture that now permeates Washington, keeping some control over this investigation to me seems wise.

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Justice Dept inspector general to review FISA abuses

3:12 pm

Progress? Justice Department inspector general Michael Horowitz announced today that he has initiated a full review of the suspected FISA abuses that took place at both the FBI and the Justice Department that allowed the Obama administration to spy on the Trump campaign during the election, and were subsequently used to initiate the Mueller special counsel investigation.

The Office of the Inspector General released a statement Wednesday outlining the start of the review. “The OIG will initiate a review that will examine the Justice Department’s and the Federal Bureau of Investigation’s compliance with legal requirements, and with applicable DOJ and FBI policies and procedures, in applications filed with the U.S. Foreign Intelligence Surveillance Court (FISC) relating to a certain U.S. person,” the statement obtained by Fox News read. “As part of this examination, the OIG also will review information that was known to the DOJ and the FBI at the time the applications were filed from or about an alleged FBI confidential source.”

The OIG statement added that Horowitz also would “review the DOJ’s and FBI’s relationship and communications with the alleged source as they relate to the FISC applications.” The statement continued, “If circumstances warrant, the OIG will consider including other issues that may arise during the course of the review.”

It must be noted that Horowitz was appointed by Obama. It must also be noted that this review leaves many of the highest officials of both the FBI and Justice very exposed, considered what we know now about how they misused the FISA courts.

The bottom line remains: until someone from the Democratic Party, the Obama administration, or their allies in the administrative state actually get charged with a crime, they will be getting off scot-free, and will continue to pose a threat to the American democratic process and future elections.

One positive sign today: Justice Dept. charges Minnesota FBI agent for leaking secret document to news outlet This story suggests that Sessions might be serious about tracking down those in his department that are leaking classified information to the press.

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The FISA law itself is corrupt

12:21 pm

While this story is mostly focused on the obvious fact that the Democrats were outright lying when they claimed, before the FISA memo was released, that its release would reveal information that would place the country’s security at risk, it is this tidbit that I want to focus on:

But speaking of stupid, something else occurred that few are mentioning, but may be of more significance than anything. What were these FISA judges thinking who allowed for the surveillance? They actually read the Steele dossier, one would assume. Were they imbeciles or as biased as McCabe, Strzok and the rest of that seedy FBI cabal? Whether they were told that document came from the Clinton campaign or not, it read like an outtake from the back pages of the National Enquirer — and not one of the good issues (John Edwards, etc.). The dossier was ludicrous on its face, yet the supposedly great legal minds of the FISA court accepted it as what appears to be the most important evidence for the case.

Think about that.

What we need, obviously, is the old word transparency. The public needs to see the full details of what went into the FISA decisions — and we don’t need to hear any of that fake palaver about national security. Everybody’s security depends on the FISA court working in a one-hundred percent unbiased manner. Otherwise we’re living a nightmare.

That court, and its workings, and its personnel should be a key part of any investigation going forward. New rules and regulations have to be put in place.

The author is thinking “reform.” We must dig into the workings of the FISA court and fix it so this kind of corruption never happens again.

Bah. What this scandal reveals is that the FISA law, created in 1978 during the Carter administration by a Congress strongly controlled by leftwing Democrats (following heavy election loses to the Republicans after Watergate) is itself a problem, and should be gotten rid of. The idea that a warrant against an American can be issued using secret information that no one is allowed to look at reeks with the possibility of abuse and corruption, which is exactly what we see here.

For example, the eleven judges presently on the FISA court were all appointed during the Obama administration. Though the law says the Chief Justice of the U.S. designates them, the law tilts the scale by requiring that “the judges must be drawn from at least seven of the United States judicial circuits, and three of the judges must reside within 20 miles of the District of Columbia.” Considering the political leanings of the DC area, it seems to me that this is going to make it very easy for the court to lean left politically.

No amount of dressing is going to fix this. The FISA court is essentially a Star Chamber where government operatives can use secret information to manipulate the court to allow them to go after their enemies. It is by definition hostile to every aspect of the Constitution and the Bill of Rights, and should be dumped.

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Republicans call memo about FISA abuses “shocking”

5:05 pm

The release to the entire House of a memo from the House Intelligence Committee outlining surveillance abuses by the FBI under the FISA law has resulted in numerous expressions of horror and alarm from many House members after reading the memo.

“It is so alarming the American people have to see this,” Ohio Rep. Jim Jordan said.

“It’s troubling. It is shocking,” North Carolina Rep. Mark Meadows said. “Part of me wishes that I didn’t read it because I don’t want to believe that those kinds of things could be happening in this country that I call home and love so much.”

Florida Rep. Matt Gaetz said he believed people could lose their jobs after the memo is released. “I believe the consequence of its release will be major changes in people currently working at the FBI and the Department of Justice,” he said, referencing DOJ officials Rod Rosenstein and Bruce Ohr. “You think about, ‘is this happening in America or is this the KGB?’ That’s how alarming it is,” Pennsylvania Rep. Scott Perry said.

All these comments came today, and all refer to abuses by the Department of Justice and the FBI and Obama administration of the FISA.

It is interesting that despite these howls of outrage and horror, the same article above also noted that the Senate today approved a renewal of that same FISA law, with essentially no changes.

On Thursday, the Senate voted 65-34 to reauthorize a FISA provision that allows U.S. spy agencies to conduct surveillance on foreign targets abroad for six years. The bill, which already has been passed by the House, now heads to the White House,where President Donald Trump has said he will sign it into law.

The law had already been approved by the House, which in case anyone might have forgotten, is controlled by the same Republicans screaming outrage above.

These elected officials might mouth platitudes about respecting the Constitution and freedom, but what they do is what counts, and what they do illustrates that they don’t believe a word of what they say.

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Republican leadership works to renew FISA rules that violate 4th amendment

9:32 pm

The Constitution is such an inconvenient thing! The House Republican leadership has attached new FISA rules into a bill that will allow the National Security Agency to once again seize the phone records of Americans, without a warrant, in direct violation of the 4th amendment.

The rules would allow the National Security Agency to restart collecting messages Americans send to foreign intelligence targets barely a year after ending the practice. The bill is promising lip-service to the Fourth Amendment by saying “The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization…” but CATO Institute policy analyst Patrick G. Eddington called the language complete make-believe.

“It’s meaningless because the AG and DNI are allowed to make up the rules and decide what the phrase “consistent with” means vis a vis the 4th Amendment,” the former CIA analyst told me. “If it isn’t one person/one warrant/probable cause only standard, it’s a sham.”

Americans must continually remind themselves that almost no one in Washington, from either party, is working for the interest of the nation. No, what they are working for to increase their own power, at everyone else’s expense. This is only another example.

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