Monday, December 23, 2019

FISA Court Refuses Review Of FBI Deception

This week, Presiding Foreign Intelligence Surveillance Court Judge Rosemary Collyer, released two stern Orders taking the FBI to task for its repeated failures, omissions, and misrepresentations in its application and subsequent renewals to surveil Carter Page.

Judge Collyer's December 17, 2019 Order, written after the publication of Inspector General Michael Horowitz's long-awaited report on FISA abuse, emphasized the role the FBI plays when it makes its assessment on whether probable cause exists to a warrant.

In particular, FISC requires the FBI agent swearing to the application fully and accurately provide "Information in its possession that is material to whether probable cause exists."

She noted that the IG Report revealed "Troubling instances in which FBI personnel provided information to NSD which was unsupported or contradicted by information in their possession." Judge Collyer also expressed concerns about the FBI Office of General Counsel attorney, reported to have been Kevin Clinesmith, who altered evidence to mislead about Carter Page acting as a source for the CIA. That Order required: The government to inform the Court in a sworn written submission of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application.

She ordered the United States inform FISC by writing of the following: Identify all other matters currently or previously before this Court that involved the participation of the FBI OGC [Clinesmith] attorney whose conduct was described in the Preliminary Letter and Supplemental Letter; Describe any steps taken or to be taken by the Department of Justice or FBI to verify that the United States' submissions in those matters completely and fully described the material facts and circumstances; and.

While it's laudable that Judge Collyer has ordered the government to double-check their submissions in the prior FISA applications that involved Clinesmith, what about the previous FISA applications verified by the FBI agents who lied - under penalty of perjury, we might add - in the Carter Page applications and renewals?

In other words, whether an FBI lawyer changes an e-mail about a target's history of cooperation with the CIA or an FBI agent lies about the underlying intelligence, the goal is the same: secure the warrant through deception.


https://www.zerohedge.com/political/fisa-court-refuses-review-fbi-deception

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