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Chief of FISA Court to FBI: You guys screwed with justice and it’s time to fess up (Validates IG Report in process)

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Oh, sure, nothing to see here, move along. Where is Dude at a moment like this? 
 

FISA court issues rare order to DOJ, FBI following scathing watchdog review

The court reacted to damning findings from DOJ IG Michael Horowitz.

The Foreign Intelligence Surveillance Court issued a rare order Tuesday to the FBI and Department of Justice, demanding they spell out a series of planned reforms following a damning report from the DOJ's inspector general that scrutinized surveillance of a former aide toPresident Donald Trump's campaign.

 

The order cites allegations of wrongdoing in a report released last week by Inspector General Michael Horowitz, and argues the FBI's handling of the surveillance was done in a way that is "antithetical to the heightened duty of candor" expected by the court.

While Horowitz determined that the opening of the Russia investigation was not improper, he also documented a series of "significant errors or omissions” made by FBI agents seeking surveillance warrants for Carter Page, a former Trump campaign adviser who had lived and worked in Russia.
 

Horowitz specifically found instances where potentially exculpatory evidence was not passed on from the FBI to DOJ lawyers, who in turn did not inform the court as it repeatedly re-authorized surveillance warrants targeting Page.

 

"When FBI personnel mislead [DOJ] in the ways described above, they equally mislead the FISC," the court's presiding judge, Rosemary Collyer, wrote in the 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."

 

Collyer's order demands the FBI and DOJ spell out its plans for reforms to the FISA process by no later than Jan. 10.

 

In a statement reacting to the FISA court's order, the FBI said Director Chris Wray has "ordered more than 40 corrective steps to address the Report’s recommendations, including some improvements beyond those recommended by the IG."

 

"As Director Wray has stated, the Inspector General’s report describes conduct by certain FBI employees that is unacceptable and unrepresentative of the FBI as an institution," the statement said. "FISA is an indispensable tool in national security investigations, and in recognition of our duty of candor to the Court and our responsibilities to the American people, the FBI is committed to working with the FISA Court and DOJ to ensure the accuracy and completeness of the FISA process.”

 

FBI Director Christopher Wray testifies during a hearing on Capitol Hill, May 7, 2019 in Washington, D.C.Alex Brandon/AP, FILE

In an exclusive interview with ABC News last week, Wray noted that "every error and omission is significant and it's something we need to take seriously." But Wray also sought to highlight Horowitz's finding that the investigation was opened with proper cause.

 

Attorney General Bill Barr has taken his criticism a step further, though, saying he disagrees with Horowitz's assessment that the investigation was properly predicated, and suggesting some FBI agents in the FISA process may have purposely acted in "bad faith" in order to hurt President Trump.

 

"The core statement in my opinion by the I.G. is that these irregularities, these misstatements, these omissions were not satisfactory explained and I think that leaves open the possibility for bad faith," Barr said. "I think it's premature now to reach a judgment on that, but I think further work has to be done."

 

Senate Judiciary Chairman Sen. Lindsey Graham suggested in a hearing with Horowitz last week that the alleged abuses uncovered in the FISA process might warrant shuttering the court entirely.

 

"I would hate to lose the ability of the FISA court to operate at a time probably when we need it the most," Graham, R-S.C., said. "But after your report, I have serious concerns about whether the FISA court can continue unless there is fundamental reform."

Graham pressed Horowitz in the hearing as to whether he believed the Page FISA process ever became "unlawful."

 

"I will let the court decide that. The court has this report and will make that decision," Horowitz answered.

 

The letter issued by the court Tuesday, however, makes no statement about the lawfulness of the warrants, though it was not immediately clear whether the court might issue a separate determination after it receives its response from DOJ and FBI.

Edited by tomkaz

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I saw earlier today that for 2018,  1081 requests for warrants were submitted to the FiSC. 1080 were approved,  1 - count 'em, 1 was disapproved.  Pretty sure that would qualify as a rubber stamp. 

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Just now, Jetty Jumper said:

The court may just be trying to save face,they have been a rubber stamp for years.

Yup.

Put the focus on those that did instead of those that allowed.

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I am still waiting for the FISA Court to actually sanction someone for the wrong doing.

 

Sounds like the court is in CYA mode and passing the buck.

 

The FISA Court and procedures should be eliminated.

Edited by Jay Blair

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I wouldn’t be surprised if all FBI investigations, not just FISA requests, are reviewed since the election.  Especially if some of the same investigators are involved.  They falsified records in the FISA request and they may have done it in other investigations.  Bad times Are coming for some in the FBI.

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1 hour ago, Jetty Jumper said:

The court may just be trying to save face,they have been a rubber stamp for years.

That would be my bet as well.

 

It really is just a swamp.

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49 mins ago, Jay Blair said:

I am still waiting for the FISA Court to actually sanction someone for the wrong doing.

 

Sounds like the court is in CYA mode and passing the buck.

 

The FISA Court and procedures should be eliminated.

Undoubtedly you and others are correct, I'd say the FISA court has realized that as the Grand Juries get convened, hard questions are going to be asked and they are making sure they are not the fall guys, as such we can probably rest assured that given their stance they will not be running cover for the FBI and the lawyers that drafted the warrants.

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This won’t stitch the whole wound closed. If the impeachment hits the senate there will certainly be more sticks poking the nest. 

Edited by aae0130

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27 mins ago, zybathegeek said:

Undoubtedly you and others are correct, I'd say the FISA court has realized that as the Grand Juries get convened, hard questions are going to be asked and they are making sure they are not the fall guys, as such we can probably rest assured that given their stance they will not be running cover for the FBI and the lawyers that drafted the warrants.

True, I was wondering where the FISA judge that was buddies with Stzok and had dinner with him before he approved the first FISA application is hiding. The others were Conway and Dearie and maybe even Collyer

Edited by Jay Blair

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41 mins ago, JimG said:

 

48 mins ago, DZ said:

I wouldn’t be surprised if all FBI investigations, not just FISA requests, are reviewed since the election.  Especially if some of the same investigators are involved.  They falsified records in the FISA request and they may have done it in other investigations.  Bad times Are coming for some in the FBI.

Ah, swamp people doing swampy things. 
 

Think about a police detective who is found falsifying evidence. Typically, all cases from his or her past are reopened and checked. Why should this be any different? 

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Those FiSA judges were awfully quiet until the IG report came out and it was tough to even find out who they were.

 

What about all the other fisa applications they approved and they approve 99% of them.

 

Not good. We should dump them all.

Edited by Jay Blair

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8 hours ago, Jetty Jumper said:

The court may just be trying to save face,they have been a rubber stamp for years.

Yep

8 hours ago, Rickman said:

I saw earlier today that for 2018,  1081 requests for warrants were submitted to the FiSC. 1080 were approved,  1 - count 'em, 1 was disapproved.  Pretty sure that would qualify as a rubber stamp. 

Yep

8 hours ago, Jay Blair said:

I am still waiting for the FISA Court to actually sanction someone for the wrong doing.

 

Sounds like the court is in CYA mode and passing the buck.

 

The FISA Court and procedures should be eliminated.

We can dare to dream!

7 hours ago, Jay Blair said:

True, I was wondering where the FISA judge that was buddies with Stzok and had dinner with him before he approved the first FISA application is hiding. The others were Conway and Dearie and maybe even Collyer

Keep us posted on this, as it's definitely something that will likely fly under the radar just because it always does :( 

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7 hours ago, Flybyme said:

Nunes sent a few letters over, they have know for a while that the FBI was lying to them.

They have known about the potential for abuses since it was formed, and about specific instances for over three years, and only after the IG Report clearly showed them abuse did they bother to mention anything.

 

Congress needs to reconsider the process. It allowed Obama to spy on an opposition candidate and didn’t seem very concerned about it.

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