It appears that the Foreign Intelligence Surveillance Court that issues FISA warrants allowing the surveillance of American citizens has taken official notice of  Department of Justice Inspector General Michael Horowitz’s report detailing the abuse of the FISA process by employees of the Federal Bureau of Investigation and the Department Justice.

In an order to the Federal Bureau of Investigation, it appears that the Court is requesting more information and on reforms to prevent this type of abuse.


Excerpt …

On December 9, 2019, the government filed with the FISC [Foreign Intelligence Surveillance Court] public and classified versions of the OIG [Office of the Inspector General]  Report The OIG Report describes in detail the preparation of the four applications for electronic surveillance of Mr. Page. It documents troubling instances in which FBI personnel provided information to NSD [National Security Division] which was unsupported or contradicted by information in their possession . It also describes several instances in which FBI personnel withheld from NSD information in their possession which was detrimental to their case for believing that Mr. Page was acting as an agent of a foreign power.

-- snip --

THEREFORE , the Court ORDERS that the government shall, no later than January 10, 2020, 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.

In the event that the FBI at the time of that submission is not yet able to perform any of the planned steps described in the submission , it shall also include (a) a proposed timetable for implementing such measures and (b) an explanation of why, in the government’s view, the information in FBI applications submitted in the interim should be regarded as reliable.

IT IS FURTHER ORDERED, pursuant to FISC Rule of  Procedure 62 (a), that the government shall, no later than December 20, 2019, complete a declassification review of the above-referenced order of December 5, 2019, in anticipation of the FISC' s publishing that order.

In view of the information released to the public in the OIG Report, the Court expects that such review will entail minimal if any redactions.


Entered this 17th day of December, 2019

Presiding Judge, United States Foreign
Intelligence Surveillance Court

<Full Court Order>

The missing paragraph…

In my humble opinion, I would have liked to see a clause that put the FBI, DOJ, CIA, and other government agencies on notice that fraudulent submissions to the FISC will not be tolerated.

IT IS FURTHER ORDERED, that the government, no later than January 10, 2020, show cause why the affiant of each of the court submittals, including those who prepared the original material or we charged with vetting said material for inclusion into a “Verified Complaint” should not be held responsible for their actions with contempt of court proceedings and, if warranted, fines or other penalties.

Bottom line…

As we saw with the Hillary Clinton investigation and non-prosecution for demonstrable violations of the Espionage Act and other criminal activities including, but not limited to, perjury, the destruction of government documents and other property, and subornation of perjury, the government of all branches protects its own – and, as a matter of courtesy, ignores the transgressions of other branches.

While many people believe that the Durham Report, said to be coming this summer, will address these matters, I would not count on anybody significant about a certain level be investigated or prosecuted.

We are so screwed.

-- steve

“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

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