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Showing posts with label Carter Page. Show all posts
Showing posts with label Carter Page. Show all posts

Tuesday, March 31, 2020

When The Cops Lie, Can Anyone Get Justice?

Inspector general finds more problems with FBI surveillance applications

WASHINGTON — A Justice Department watchdog has found more problems with FBI applications to a secret court that approves surveillance as part of counterintelligence and counterterrorism investigations.
The inspector general audit, released Tuesday, could play into the ongoing congressional debate over the program.
In December, DOJ Inspector General Michael Horowitz identified “significant concerns” with how the FBI handled applications to surveil former Trump campaign adviser Carter Page. His office looked at 29 other applications in an audit and found the FBI was not following procedures from 2001 meant to protect the Foreign Intelligence Surveillance Act process from abuse and irregularities.
In a memo Tuesday, Horowitz wrote that “we believe that a deficiency in the FBI’s efforts to support the factual statements in FISA applications through its Woods Procedures undermines the FBI’s ability to achieve its ‘scrupulously accurate’ standard for FISA applications.”
The FBI requires case agents to keep a “Woods file” that contains documentation for every factual assertion in a FISA application and other information, Horowitz wrote. It must be completed before an application is submitted to the secret Foreign Intelligence Surveillance Act court.
Of the 29 applications, the audit found no Woods file for four cases. And there were multiple problems in all 25 of the other applications, such as facts in the applications that were not supported by documentation in the Woods file or were inconsistent with that documentation.
“While our review of these issues and follow-up with case agents is still ongoing — and we have not made materiality judgments for these or other errors or concerns we identified — at this time we have identified an average of about 20 issues per application reviewed, with a high of approximately 65 issues in one application and less than 5 issues in another application,” Horowitz wrote.
The FISA process has been in the political spotlight because the FBI launched a criminal probe into members of President Donald Trump’s campaign in 2016. Trump and his congressional allies criticized the FBI probe into Russian interference in the election.
In December, Horowitz found 17 “significant inaccuracies and omissions” in applications to allow for continued surveillance of Page.
Tuesday’s memo indicates the problems with the FISA application process are more widespread than just the Page case.
Surveillance authorities, including those under FISA, lapsed earlier in March. Congress then extended those authorities until the end of May to deal with the debate over the issue when it was not dealing with the immediate concerns over the coronavirus outbreak.
The House had passed a bill (HR 6172) on March 11 to reauthorize FISA powers but overhaul some provisions. Among them, the bill would impose additional requirements on FISA court orders that target a federal elected official or candidate, and require the FBI to appoint an officer responsible for compliance with FISA requirements.
Neema Singh Guliani, ACLU senior legislative counsel, used the Horowitz memo Tuesday to call on the Senate to improve the House-passed bill.
“This report further demonstrates that the incident with Carter Page was not a one-off. There are systemic problems with our foreign intelligence surveillance laws and courts,” Guliani said in a news release.
“It is disappointing that despite repeated examples of deficiencies with our surveillance laws, Congress has failed to advance a strong surveillance reform bill to better protect our privacy rights,” she said.
— Todd Ruger
CQ-Roll Call
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Wednesday, November 27, 2019

Wonder How These FBI Agents Will Be Treated By The Courts?

Sara Carter: FBI Agent's Suspected FISA Doctoring May Have 'Poisoned' Evidence Against Trump

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The highly anticipated Department of Justice Inspector General report on FISA abuse directed at the Trump campaign during the 2016 election may show some findings of the FBI’s investigation were tainted by the so-called “fruit of the poisonous tree.”
The New York Times reported Friday that DOJ Inspector General Michael Horowitz has referred former FBI lawyer Kevin Clinesmith to federal prosecutors for altering a document submitted to the Foreign Intelligence Surveillance Court to obtain a warrant to spy on Trump campaign adviser Carter Page.
According to The Times, Clinesmith resigned from the FBI two months ago after being interviewed by Horowitz’s team.
In February 2018, the attorney left then-special counsel Robert Mueller’s Russia probe, and the IG identified him in a June 2018 report as having animus toward Trump, based on multiple negative texts about the Republican.
Lamenting Trump’s 2016 election victory, Clinesmith texted on Nov. 9, 2016, “I am so stressed about what I could have done differently,” according to the report released by Horowitz in June 2018, in which the former FBI official is identified as “FBI Attorney 2.”
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The lawyer added, “Plus, my god d—ed name is all over the legal documents investigating [Trump’s] staff.”
Clinesmith further related that “the crazies won finally,” and in the context of asking whether he intended to stay in government, messaged, “viva le resistance.”
Investigative reporter Sara Carter wrote Monday that she has spoken with several sources who believe Clinesmith’s alternation of the FISA document could make all the evidence obtained thereafter as having come from the “fruit of the poisonous tree.”
“Based on what we know, Clinesmith’s tampering of documents appears to have been significant enough to have played a role in the FISA courts decision to grant a warrant to spy on an American, maybe more than one American,” a U.S. official told Carter on condition of anonymity.

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“There is concern among the FBI that all the evidence will come into question, as it should — particularly the case of the ‘fruit of the poisonous tree’ that the evidence itself is tainted — if that’s true than anything gained from that evidence might also be tainted. This could be a problem for anyone who approved the FISA as well.”
The fruit of the poisonous tree doctrine renders evidence obtained illegally inadmissible in court. In other words, if the tree (the source) is tainted, so is the fruit.
Criminal defense attorney David Schoen explained to Carter if an “agent falsifies, materially alters with false information, or makes a material omission in documents relied on to authorize surveillance — and here it was to authorize the most intrusive kind of surveillance by the most secretive court in the land — then any further step in the process and any material obtained by surveillance from the point of his illegal conduct forward is arguably poisoned by the initial illegal materially false alteration or material omission.”
George Papadopolous — who pleaded guilty to making false statements to federal investigators (and was sentenced to 14 days in prison) — told Fox News on Monday that Clinesmith was the “attorney who interviewed me from the Department of Justice.”
“I know The New York Times mentioned him as some sort of low-level attorney for the DOJ, but I don’t think he was a low-level attorney,” he added.
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“This individual brought an entire delegation from Washington, D.C., to interview me in February 2017, and we now know that he and some of the others who interviewed me are under criminal investigation.”
Papadopolous contended he believes the leaks to The New York Times about Horowitz’s report were timed to provide cover for the FBI activities.
“So I think the report’s not going to be as pleasant as many people think it’s going to be for the FBI,” he said. “And it’s actually going to lead probably into probably criminal prosecution that [DOJ prosecutor John] Durham is going to be taking over.”
Horowitz’s report on FISA abuse is expected to be released on Dec. 9, and he is slated to testify before the Senate Judiciary Committee two days later.
Grab the popcorn: It’s time for the investigation of the investigators to enter its public phase.