Secret FISA court issues stunning, highly unusual public rebuke of FBI for “serious and repeated ” mistakes

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The country’s top secret court capable of issuing surveillance orders issued an unprecedented report Tuesday; accusing the FBI of presenting “misleading” intelligence to spy on at least one senior Trump campaign advisor.

The FBI’s submission to the court made assertions that were “inaccurate, incomplete, or unsupported by appropriate documentation,” the report said.

“A secretive federal court accused the F.B.I. on Tuesday of misleading it about the factual basis for wiretapping a former Trump campaign adviser and ordered the bureau to propose changes in how investigators seek permission for some national security surveillance,” reports the New York Times.

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“The frequency with which representations made by F.B.I. 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 F.B.I. applications is reliable,” Judge Rosemary Collyer wrote.

Secret FISA court issues highly unusual public rebuke of FBI for mistakes

The criticism comes after a report by the DOJ inspector general that found “so many basic and fundamental errors.”
By Pete Williams, NBC News, December 17, 2019:

WASHINGTON — The secret federal court that approves orders for conducting surveillance on suspected foreign terrorists or spies issued a strong and highly unusual public rebuke to the FBI on Tuesday, ordering the agency to say how it intends to correct the errors revealed last week by a Justice Department report on one aspect of the FBI’s investigation of Donald Trump’s 2016 campaign.

Justice Department Inspector General Michael Horowitz said the FBI made serious and repeated mistakes in seeking under the Foreign Intelligence Surveillance Act, or FISA, to conduct surveillance of Carter Page, a former Trump campaign adviser.

The FBI’s submission to the court made assertions that were “inaccurate, incomplete, or unsupported by appropriate documentation,” the report said.

Rosemary Collyer, presiding judge on the Foreign Intelligence Surveillance Court, said in the unusual public order that the report “calls into question whether information contained in other FBI applications is reliable.” She ordered the FBI to explain in writing by Jan. 10 how it intends to remedy those problems.

Collyer said the FBI’s handling of the Page case “was antithetical to the heightened duty of candor” required by the law that established the surveillance court. Judges on the court rely entirely on the government’s submissions. Because they are the only documents the court sees, the government has a heightened duty of candor, she said.

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tituspullo
tituspullo
4 years ago

what this gobblygook really says is that these secret judges were either in on the coup, or are complete idiots. this court is unamerican and needs to go away. the idea of a secret court that allows the deep state to screw anyone they want is beyond belief

Liatris Spicata
Liatris Spicata
4 years ago
Reply to  tituspullo

what this gobblygook really says is that these secret judges were either
in on the coup, or are complete idiots. … the idea of a secret court that allows the deep state
to screw anyone they want is beyond belief

What a woefully ignorant, arrant statement. First as indicated by the fact that the Judge Collyer is identified by name, the existence of the FISA court and its judges are not entirely secret. The cases they adjudicate, for the most part, are. And necessarily so, I might add- it just might be a tad counterproductive to make a public record of the fact that you are seeking personal communication of Mr. I.M. Terrorist. Say, ever wonder how some of these dudes are arrested at the airport as they are about to leave the country?

The surveillance of, shall we say, people of dubious character, by law enforcement is, given our current legal structure, enabled by the FISA Court. Yes, there have been problems with how the FBI handled certain applications, and the Director has ordered more than 40 corrective steps to address the IG report’s recommendations. But I think Judge Collyer is to be commended for her candor here. The FBI certainly is aware of the need to make changes, and I have little doubt they will make changes that they think will prevent recurrence of the kinds of problems we’ve seen with the Carter Page applications.

There is no perfect system, one that cannot be manipulated by unscrupulous people. But nothing I know of implicates the FISA court in any wrongdoing. Th Court has to rely on information presented to them by other government agencies, and in the case at hand, may have relied on rogue FBI agents. The FBI knows they have a major black eye here, and corrective action is being taken. I can do no better than to quote David Kris, the former head of DOJ’s national security division, who explained it this way (quoted in WSJ today):

You’re doing surgery on a very complicated thing. That may sound trivial, but it’s actually very important for national security.

Kris went on to note how changes could have ramifications for how some of the nation’s most sensitive intelligence programs are run. But the FISA courts themselves are in place to protect Americans from the usurpations of the Peter Strzoks and Lisa Pages of the world.

Crystal Waters
Crystal Waters
4 years ago

But the FISA courts themselves are in place to protect Americans from
the usurpations of the Peter Strzoks and Lisa Pages of the world.

The point is that they did not protect even the President from the unscrupulous Peter Strzok, Lisa Page, Comey, and many others and no one in the FBI objected to this corruption. If no agents at the highest levels had the courage or the character to step forward, why should anyone believe they will change anything? And if they don’t, how would we know?

Crystal Waters
Crystal Waters
4 years ago
Reply to  Crystal Waters

Whatever happened to the FBI agent who encouraged, aided and abetted the terrorist’s assassination attempt on Pamela Geller at her free speech conference, and then fled the scene of the shooting? Nothing.

tituspullo
tituspullo
4 years ago
Reply to  Crystal Waters

and how dumb or corrupt did those judges have to be to swallow every lie foisted on them by the fbi?

Belfast
Belfast
4 years ago

Poppycock. And I speak as a criminal court lawyer of 40 years experience.
FISA should have ordered them to purge their contempt and if not satisfied, slot them.
The court can have assistance from counsel to cross-examine and not need to rely on obfuscation from the FBI.

Liatris Spicata
Liatris Spicata
4 years ago
Reply to  Belfast

Thank you for stating what the court should have done. You failed to specify what I said that was “poppycock”. Any reason for that? Care to educate me?

Rivia
Rivia
4 years ago
Reply to  Belfast

F FISA. They were appointed by Roberts, the most corrupt judge there after Ms JINO. The ONLY reason that FISA publicly responded was because they were outed as the scam artist Deep State duplicitous virtue signalling thugs that they are. An utterly incompetent gang of LibDem hypocrites whom are the laughing stock of any Banana Republic,let alone the (so called) bastion of Law and Order, the US of A. What a joke.

John Acord
John Acord
4 years ago

Your command of apologetics is to be commended, but I remain convinced you should spend more time attending to your wilting blooms.

tituspullo
tituspullo
4 years ago

baloney. fisa and its judges were and are in on the coup against trump, and now the judge is finger pointing because he’s been exposed. as far as protecting us from muslim terrorists, the Fed Bureau of Islam has done a bang-up job, hasn’t it? the easy is solution is to cease the immigration of muslims into the US, to allow cops to conduct searches based on profiling, and to get rid of TSA and their stupid machines and allow security personnel at airports to pull anyone over they want to and search and detain them if reasonable, just like the israelis do. go spout your nonsense on some other site

Liatris Spicata
Liatris Spicata
4 years ago
Reply to  tituspullo

fisa and its judges were and are in on the coup against trump, and now the judge is finger pointing because he’s been exposed. as far as protecting us from muslim terrorists, the Fed Bureau of Islam has done a bang-up job, hasn’t it? … go spout your nonsense on some other site

titus-

You truly are an idiot, so I should not be trying to criticize you.

BTW, the judge is a she- perhaps that is a distinction you can understand.

Have a nice day.

Warmac9999
Warmac9999
4 years ago

Dear fisa court. These were not mistakes. These were criminal acts at the highest level of government – and you know it.

DemocracyRules
DemocracyRules
4 years ago
Reply to  Warmac9999

Collyer is covering her behind. The big question is why the FISA court, and Roberts, the Supreme who hires these judges, have done nothing for many months, while the FISA applications were obviously bogus. The courts should have initiated contempt of court proceedings months ago.
AG Lynch even signed those FISA applications!

Warmac9999
Warmac9999
4 years ago
Reply to  DemocracyRules

Deliberate actions by individuals who have a personal bias and interest in a specific outcome is not a mistake. The FISA court has either made an assumption here or is colluding with the FBI and DOJ, and trying to hide that collusion.

DemocracyRules
DemocracyRules
4 years ago
Reply to  Warmac9999

Roberts [head of SCOTUS] hired those FISA judges, and he should have fired them all by now. They sat on the scam for years, hoping it would blow over, while good men went to prison on phony charges. That Steele dossier was pivotal, and it was bogus. As soon as the FISA courts found that out, they should have investigated, charged Lynch and others with contempt court for lying, and had them charged with fraud. ALL of them. Instead, we have some pathetic whimpering from some whiny little judge who shirked her duties for years.

Mark Steiner
Mark Steiner
4 years ago
Reply to  DemocracyRules

Roberts was nominated by George W. Bush, a confirmed internationalist and Bonesman, who would nominate for Supreme Court, justices just like him.

DemocracyRules
DemocracyRules
4 years ago
Reply to  Mark Steiner

Roberts may also make a mess in the Senate impeachment trial

Mark Steiner
Mark Steiner
4 years ago
Reply to  DemocracyRules

You bet. The Supreme Court is complicit.

TD
TD
4 years ago
Reply to  Warmac9999

The only impeachment strategy: PUT THE DEMOCRATS ON TRIAL!
(call the Obama FBI to testify, Adam Schiff, Comey, Strozk, Maxine Waters, Biden, CNN/MSNBC reporters, all of them!)

John Acord
John Acord
4 years ago
Reply to  TD

I believe that Trump’s letter to Pelosi made it clear that the impeachment trial will not be about him as much as it will be about the Commiecrats. Expect explosive headlines for the next 60 days. Trump is going to destroy the Commiecrats. He knows that if they prevail the Republic is finished and civil war must follow. It is the duty of Trump And his 70 million supporters to save the Republic and clear these vermin from the seats of power. I suggest the strategy of the great General Pinochet when he reached out and crushed the Marxists who had taken over Chile. He rounded them up, marched them to the football stadium and eliminated their threat forever.

DemocracyRules
DemocracyRules
4 years ago
Reply to  John Acord

The Left will now ‘churn’ the impeachment results. The MSM will describe Trump as “Impeached President Trump”… “Trump (who was impeached)” … “today, Trump, who was impeached in December, has now…” etc., ad nauseam, at all times. Democrat politicians will also refer to him as “The Impeached President”.

Their goal is to wreck the reputation of Trump by continually rubbing his face in the dirt.

Mark Steiner
Mark Steiner
4 years ago
Reply to  DemocracyRules

And destroy the Constitutional framework of the United States that made it, at one time, unique among nations.

DemocracyRules
DemocracyRules
4 years ago
Reply to  Mark Steiner

Henceforth, every President-elect can be impeached at the whim of the House, even before he takes office. The VP-elect can be similarly impeached. Since any accusation will do, this could mean that no President ever takes office.

The Dems are very scared and irrational, and they seem to expect that Republicans who control the House will be better behaved. But that is like expecting that your enemy will be ‘nice’.

DemocracyRules
DemocracyRules
4 years ago
Reply to  DemocracyRules

Yes, I think those indictments are more likely now.
– Barr is obviously really upset about the stupid impeachment, and general malfeasance by the Democrats
– Gingrich points out that since the impeachment debacle started, the electorate is even more confident that Trump will be re-elected

John Acord
John Acord
4 years ago
Reply to  DemocracyRules

I was sitting in the waiting room of a VA hospital yesterday waiting for a relative and had an opportunity watch nearly all the sis hour presentation by the Commiecrats of their Articles of Impeachment.” It was the most pathetic demonstration of absolute ignorance and disregard of the law and due process imaginable. Then I recalled most of these Commiecrats had been government lawyers in their earlier careers, many like Schiff prosecutors,and it flashed through my mind that if they think they can do this to the President then they have already done the same to many of us lesser folks many times over. Thee hubris and lawlessness did not germinate overnight.It was many years in the development.

House Democrats violated the Bill of Rights in pursuing their impeachment inquiry against President Donald Trump. Republicans have pointed out that Democrats’ articles of impeachment, especially the second article charging “obstruction of Congress,” punish the president for obeying the Constitution’s checks-and-balances.

Yet Democrats have also violated the basic liberties protected by the Bill of Rights, in the following four ways:

First Amendment: House Intelligence Committee Chairman Adam Schiff (D-CA), which led the impeachment inquiry, released a 300-page report in which he printed phone logs purportedly belonging to Ranking Member Devin Nunes (R-CA), presidential lawyer Rudy Giuliani, and journalist John Solomon. Schiff has never made clear what authority granted him the power to snoop on a journalist (among others) — a violation of freedom of the press.

Fourth Amendment: Schiff’s snooping on phone logs violated the protection against “unreasonable searches and seizures.” As the Wall Street Journal‘s Kim Strassel has noted, “Federal law bars phone carriers from handing over records without an individual’s agreement.” There are exceptions for legitimate law enforcement investigations, but there is no exception for lawmakers, and Schiff’s inquiry had no law enforcement purpose; no crime was alleged.

Fifth Amendment: President Trump was denied the due process rights guaranteed to his predecessors in prior impeachment inquiries. Unlike Presidents Richard Nixon and Bill Clinton, for example, he was denied legal representation in the fact-finding stage of the inquiry. He was also told at the outset that any effort to invoke constitutional rights or privileges would itself be considered further evidence of an impeachable offense.

Sixth Amendment: Democrats violated the president’s right to counsel when they snooped on Giuliani’s phone records, even making a public record of his conversations with the White House, potentially violating attorney-client privilege. Moreover, by refusing to allow the so-called “whistleblower” to testify — and silencing questions about the “whistleblower” — Democrats denied Trump the right to confront his accuser before being impeached.

These are very dangerous people and need to be removed from public life. Not just votes out office but prosecuted under federal statutes that provide long sentences for those who knowingly and purposely violate one’s civil rights under the Constitution. This is the case that Trump must make and when he wins reelection prosecute the entire cell of Marxist Commiecrats that have seized control of the once Democratic Party.

Robert Swift
Robert Swift
4 years ago
Reply to  TD

I think that is why Trump said, if the impeachment goes thru, he wants a trial in the Senate, so he can do just that! Call witnesses, like those you mentioned, including the whistleblower, and his source. All under oath!

TD
TD
4 years ago
Reply to  Warmac9999

The only impeachment strategy: PUT THE DEMOCRATS ON TRIAL!
(call the Obama FBI to testify, Adam Schiff, Comey, Strozk, Maxine Waters, Biden, CNN/MSNBC reporters, all of them!)

Drew the Infidel
Drew the Infidel
4 years ago
Reply to  Warmac9999

Agreed. I had an uncle in the FBI during WWII who was part of Einstein’s protection detail . He’s not turning over in his grave, he’s spinning.

The top end of the FBI leadership do not carry a badge and a gun and are not even certified law enforcement officers, they are lawyers. There’s the problem.

Mark Steiner
Mark Steiner
4 years ago
Reply to  Warmac9999

The court was content to remain silent until the heat was turned up recently. FISA needs to be disbanded and its magistrates arrested for covering-up high crimes and misdemeanors by (you know who).

CharlieSeattle
CharlieSeattle
4 years ago
Reply to  Warmac9999

Agreed! This is laughable!

The complicit FISA court claims the moral high ground!

CharlieSeattle
CharlieSeattle
4 years ago
Reply to  Warmac9999

Agreed! This is laughable!

The complicit FISA court claims the moral high ground!

Rob Porter
Rob Porter
4 years ago
Reply to  Warmac9999

Anyone who considers these deliberate FBI actions as “mistakes” is too gullible and stupid to be serving on this court.

felix1999
felix1999
4 years ago

Off topic but related – Letter President sent to Pelosi.
He is done with her! PDF below.

President Trump Letter to Speaker Pelosi: “You are declaring open war on American democracy”…
Posted on December 17, 2019 by sundance

President Donald Trump sends a seven-page letter to Speaker of the House Nancy Pelosi outlining the executive concerns with the bastardization of a legislative impeachment process that will forever change the landscape of our constitutional republic.

”You are turning a policy disagreement between two branches into an impeachable offense – it is no more legitimate than the executive branch charging members of congress with crimes for the lawful exercise of legislative power”…

https://www.whitehouse.gov/wp-content/uploads/2019/12/Letter-from-President-Trump-final.pdf

Pray Hard
Pray Hard
4 years ago

“Mistakes”? How cute.

patd
patd
4 years ago

The truth will never be told as long as we have criminal parasitic feral animal libturds in positions of power!!!!

jaa dee
jaa dee
4 years ago

Collyer is covering her behind. YES.. What is happening here is the court has gotten word of what is coming with
Dunham/ Barr and all fingers are going to point to the FBI struk/page better lawyer up cuz they are in the fall guy position see page out and about crying about her mental health. You hear that sucking sound that is the swamp draining, see ya later director wrey

joe shmoe
joe shmoe
4 years ago

this was treason

tedlv
tedlv
4 years ago
Reply to  joe shmoe

Whole lotta treason goin’ on! Heads need to roll.

Sgtsnuffy
Sgtsnuffy
4 years ago

those damned courts are not even approved by our constitution. it’s almost like secret star chambers were judges rule as judge jury and executioner.

Mohammed_Goldberg
Mohammed_Goldberg
4 years ago

Just lip service from a FISA judge. These judges knew the applications were falsified, and were still approved. Nothing will be done to the FBI personnel who comitted the fraud. The FISA court should be shut down.

stephen5970
stephen5970
4 years ago

It sounds like the FISA court covering its collective butt.

Questions rose up years ago. Surely the judge(s) should have recalled those who submitted the documents to explain themselves.

So when will criminal charges be fought down by the judges? Contempt of court? Lying to the court? Falsifying documents? Criminal malfeasance? Corruption? There must be a lot more charges that can be laid.

DemocracyRules
DemocracyRules
4 years ago
Reply to  stephen5970

This law applies, because the FBI sought to overthrow a duly elected President by fraudulent means:
18 U.S. Code § 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow…
https://www.law.cornell.edu/uscode/text/18/2384

Rob Porter
Rob Porter
4 years ago
Reply to  DemocracyRules

How the devil can those responsible for this walk away free? On the other hand, when will we ever see a prominent Democrat arrested, put through the mill and ruined in the manner Michael Flynn was? As much as I detest them, it seems to me that the Democrats are vastly more adept at playing dirty games than are the Republicans.

Steve
Steve
4 years ago

And who you gonna call? FISA Busters

Drew the Infidel
Drew the Infidel
4 years ago

All this from a distracted and/or disinterested judge who let this crap sail right past her oblivious ass four separate times?

It’s what you learn after you know it all that really counts.

John Acord
John Acord
4 years ago

There Is no possibility that the FBI can be reformed.It is a criminal organization dedicated to terrorizing Americans. This is another whitewash by swamp creatures concerned their lairs will be fumigated in the coming civil war. Despite its attempts to whitewash the crimes of the deep state, the damning Horowitz report has awakened us all to the realization that the FBI is a criminal organization run by lawless, seditious tyrants who answer to no one. Does anyone actually believe that the DOJ and the FBI’s attempt to depose by coup the President of The US is an isolated incident? No, it is SOP for this mafia-like criminal organization that pollutes and terrorizes the people of the USA.

The Horowitz report lays bare the charges made by hundreds of victims that the FBI is America’s No. 1 most prolific terrorist organization, planning and running terror plots against the American people as a way to justify its own existence in the so-called “war on terror.” Now it turns out the deep state is the origin of all that terrorism, and the FBI has been carrying out assassinations (JFK), cover-ups (Sen. RFK), death threats (Dr. MLK) and political coup attempts against America.

In their attempt to destroy Trump, the FBI finally got caught.

movingwaters
movingwaters
4 years ago

I am reminded that one of the most important considerations when you vote for a POTUS is the fact that they get to appoint judges. Obama’s choices were intended to drag us into the pits. May President Trump get to appoint many more judges.

felix1999
felix1999
4 years ago
Reply to  movingwaters

Who ever is President gets to APPOINT the FISA judges. ALL the judges involved when this happened were
OBAMA appointees. END THE FISA COURT.

Dustin John
Dustin John
4 years ago

They are not mistakes when they are deliberately repeated.

Charles Martell III
Charles Martell III
4 years ago

The FISA court was informed almost 2 years ago of the corruption of the FBI . . . and did nothing till now?
After recent comments by Nunes re abolishing same court . . . seems Rosemary is concerned for her high paying job!

Rivia
Rivia
4 years ago

Let’s not forget that Rosenstein signed off on 3 of the 4 FISA Warrants, the S of a B. And what should be very concerning to one and all is that Barr publicly praised him to the heavens at his retirement bash. I actually thought that Barr was going to say that Rosenstein walked on water, he was that effusive. If Barr does not charge anyone, that will confirm what I have believed all along, that BARR is Deep State.

Robert Kahlcke
Robert Kahlcke
4 years ago

Come on Judge, you knew or should have known they were fudging these Affidavits, you’re as GUILTY as the FBI.
That being said, cover your ass and let’s get some charges against the FBI Agents that provided the Affidavits.
We need a clean sweep fore and aft.

tedlv
tedlv
4 years ago

Those weren’t “mistakes”. They were deliberate and illegal acts to try to bring down a duly elected president.

Pro Patria
Pro Patria
4 years ago

tick tock ????

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