"Bad People Lied To A Kangaroo Court" - Americans Can Handle The Truth!

Authored by Robert Gore via Straight Line Logic blog,

The bigger issue is FISA’s evisceration of the Fourth Amendment.

Due to the sensitive nature of foreign intelligence activity, FISA [Foreign Intelligence Surveillance Act] submissions (including renewals) before the FISC [Foreign Intelligence Surveillance Court] are classified. As such, the public’s confidence in the integrity of the FISA process depends on the court’s ability to hold the government to the highest standard—particularly as it relates to surveillance of American citizens. However, the FISC’s rigor in protecting the rights of Americans, which is reinforced by 90-day renewals of surveillance orders, is necessarily dependent on the government’s production to the court of all material and relevant facts. This should include information potentially favorable to the target of the FISA application that is known by the government. In the case of Carter Page, the government had at least four independent opportunities before the FISC to accurately provide an accounting of the relevant facts. However, our findings indicate that, as described below, material and relevant information was omitted.

House Intelligence Committee FISA Memorandum, 1/18/18, Declassified 2/2/18

It’s hard to read the above without laughing. The only people who think that the government in a non-adversarial, secret, non-reviewable judicial proceeding will produce “all material and relevant facts,” including “information potentially favorable to the target of the FISA application,” are those pathetically deluded souls who believe that when rules, regulations, and laws are promulgated everyone complies, including the government that promulgated them. They’re always shocked when reality proves otherwise.

The rest of us might want to consider what it took for this exposure of potential government wrongdoing before the FISC. The House Intelligence Committee (HIC) pressed for months and was forced to threaten subpoenas before the Department of Justice and the FBI turned over the evidence upon which its memorandum is based.

If this wasn’t such a high-profile partisan battle, impinging on the presidency, that effort never would have been made. Had Hillary Clinton been elected or Democrats controlled Congress, none of this would have seen the light of day. The intelligence agencies and the FBI can rest assured, it will be business as usual before the FISC: non-adversarial, secret, non-reviewable proceedings in which they can allege, unchallenged, pretty much anything they want, their surveillance requests rubber-stamped by the court (historically it’s approved over 99 percent of all requests).

It is a measure of President Trump’s contempt for civil liberties that he just signed a reauthorization of the FISA law that was used to infringe his civil liberties. The reauthorization expands the government’s surveillance and bulk data capture of Americans’ personal information pursuant to general warrants that do not “require probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Fourth Amendment, US Bill of Rights).

Most importantly, the reauthorization “would permit the use of evidence of crimes in federal court even when it is discovered during mass surveillance authorized by general warrants.”  Trump will overlook that little infringement of his rights in the interests of expanding his access to information and the power implicit in such access. He pursues power and is quite proficient at it. Civil liberties can be a real hindrance.

Incidentally, the HIC released its memo to Congress after FISA was reauthorized. HIC Republicans favored that reauthorization, despite what they have alleged about nefarious activities before the FISC. Their memo might have changed some votes. Anybody think the timing was a coincidence?

The FISC enables the government to end run Americans’ Fourth Amendment rights. The HIC memo is a tree, FISA’s destruction of civil liberties the forest. Investigations, possibly indictments, trials, and convictions, will grind on for years and provide plenty of grist for plenty of commentators’ mills. The investigations will eventually wind down, but FISA may be forever. Comey and the Clintons might be in jail, but we all could be, based on evidence obtained without probable cause via general warrants, the government’s data gathering rubber-stamped by its kangaroo court.

As for the HIC’s memo, it’s a fine piece of legal craftsmanship, although it’s not a legal document per se. It confines itself to one matter: the DOJ and FBI’s request for a probable cause order—and three subsequent renewals—authorizing electronic surveillance of Trump campaign volunteer advisor Carter Page.

In the understated, cautious style that is the hallmark of competent legal investigatory work, the memo makes a prima facie case that certain individuals broke various laws. While the evidence underlying conclusions about various DOJ and FBI officials’ misrepresentations and omissions to the FISC, their biases, and ties to Fusion GPS has not been made public, there is almost certainly an ample evidentiary basis for those conclusions.

That evidence, the Democrats’ “counter-memo” and their evidence, and the FISA application and renewals should all be released to the public. The classified information isn’t protecting vital state secrets; it’s protecting officials from embarrassment and possible criminal charges. The American people are smarter and more honorable than those arguing for continuing secrecy; they can handle the truth.

It’s been claimed that the HIC memo plays into Russia’s or Putin’s hands, or that US intelligence capabilities have been or could be irreparably damaged if information was released, without explaining how those consequences could flow. An unfortunate aspect of the American establishment is that it seals itself off from hostile questions in adversarial settings. Never underestimate the power of a question. It would only take one or two to demonstrate that intelligence flunkies, Adam Schiff, Nancy Pelosi, John McCain, and a host of media commentators are either lying through their teeth or have no idea what they’re talking about.

Speaking of big issues, the biggest issue of them all, unsustainable global debt, made an unbidden appearance last week as bond yields broke long-term trend lines to the upside and stocks gave way to the downside. Possible subversion of a duly elected president and even FISA’s evisceration of the Fourth Amendment may amount to playing on the beach as the tsunami rolls in. You can’t do much about what’s going on in Washington. For the tsunami, on the other hand, you can move to higher ground if you have not already done so.

Tags

Comments

benb lloll Tue, 02/06/2018 - 23:51 Permalink

I object to this article as it is an affront to Kangaroos. I have known a few Kangaroos in my time and they have more integrity in one of their front claw nails than the entire management at the Shit-Bag FBI. Whenever I hear the -"The FBI is the premier law enforcement organization" B.S. I am embarrassed for anyone in the American public that is brainwashed enough to believe it. The other CNN/MSNBC turd they try to pawn off is - "The FBI is the 'Crown Jewel' of law enforcement." Tell that to Randy Weaver's murdered wife who was shot through her front door while holding a baby in her hand. The FBI gave the murderer, Lon Horiuchi a medal for it... The FBI is a corrupt government tumor. It is the American Gestapo.

In reply to by lloll

TeethVillage88s passerby Wed, 02/07/2018 - 08:06 Permalink

What about all the Accounting Scandals year after year, and Banking Scandals, Dot Com Scandal, Savings and Loan Scandal, 2008 Global Financial Scandal... Prosecution Waivers and we'll make TBTF even bigger.
https://cepr.org/sites/default/files/news/Geneva16_0.pdf
http://www.bea.gov/newsreleases/international/intinv/iip_glance.htm (Foreign Ownership in the USA)

In reply to by passerby

DaiRR VWAndy Wed, 02/07/2018 - 03:43 Permalink

A federal Special Grand Jury can both investigate and indict and has to be appointed as "special".  I'd move to D.C. and rent a flea bag room there to be on one.  But in corrupt Washington D.C. voter registrations are 76% DemoRat and 6% Republican. So chances of fielding a fair jury are zilch.  That was 2014, it's probably worse now.  https://www.huffingtonpost.com/2014/05/27/state-party-registration_n_53…

 

In reply to by VWAndy

economessed Tue, 02/06/2018 - 22:58 Permalink

This whole shitshow has always been about the secrecy.  They release 1 memo and it is a huge national deal.  How about they release ALL THE MEMOS.  Julian Assange has been correct about this all along -- nobody in Washington DC marks things "top secret" to protect US Citizens -- it's always done to protect politicians.

Implied Violins economessed Tue, 02/06/2018 - 23:04 Permalink

I'm "hoping" that more memos are forthcoming, along with documentation, and that one of the goals of the Trump team is to *also* take down the FISA act and the Patriot act, among others - as well as complete and total exposure of ALL the ills in this country since at least 1913.

Ooops, sorry...got drool on my face.  I musta been dreaming...

In reply to by economessed

SoDamnMad economessed Wed, 02/07/2018 - 02:53 Permalink

And that is exactly why the Brits hold Julian hostage. it is to set an example that whistle blowers will not be tolerated to reveal the truth about the really bad shit that goes on.  As Brexit inches forward we need to start a movement that Steele gets investigated or else no trade deals. The virtually have no military to be of any use anymore so what is the strategic benefit to let them get away with such crap.

In reply to by economessed

Posa Tue, 02/06/2018 - 22:58 Permalink

You're right... a wonderful spectacle to with Drump and the Deep State actors tripped up by secret courts and the American Gestapo Secret Police...

Neochrome Tue, 02/06/2018 - 22:59 Permalink

"The House Intelligence Committee (HIC) pressed for months and was forced to threaten subpoenas before the Department of Justice and the FBI turned over the evidence upon which its memorandum is based."

Keep digging. Let's see who ends up in the hole. 

I said before, Russia, Russia, Russia is a Red Herring, and the longer Democrats focus on it better for Republicans. On the other hand, there is some serious dirt on "shadow government" being uncovered.

otschelnik Neochrome Wed, 02/07/2018 - 02:28 Permalink

The Grassley memo is not as hyped as the Nunes memo but it exposes criminal conspiracy and legally more devastating.

The Alinskyites seem to have moles planted throughout govenment agencies.  We know a la wikileaks that Dep. Sec. DOJ Peter Kadzik (John Podesta's lawyer) was briefing Podesta/DNC on DOJ actions on the Shillary server scandal.  Now we have this guy in the State Dep. Jonathan Winer (Kerry's deputy) cooperating with DNC hitmen Blumenthal and Shearer.  

After the bolshevik revolution they made Joseph Stalin general secretary, which was head of the communist party "HR" department.  From there, Stalin placed his supporters throughout the party apparatus until he came to power 7-8 years later.  

Looks like Obummer and Shillary took a lesson from that. 

 

 

In reply to by Neochrome

One of We Tue, 02/06/2018 - 23:10 Permalink

After the counter-coup is complete, I hope POTUS will reflect on having his family in the crosshairs of illegal surveillance and let Bill Binney and the white hats restore the 4th Amendment.

Raisin Hail Tue, 02/06/2018 - 23:19 Permalink

So how about the FISA Judge who agreed to the Justice Departments request to surveille a staffer or volunteer at one of the major political campaigns? Did it never enter his mind that he was helping one political party harm the other? Where is the judge now? Contempt of court anyone? A referral for perjury?... but to whom? Seriously this guy was not only born at night seems it was last night also. Main problem is too many secrets. At this point it is clear to me that any benefit to our country by protecting" sources and methods" is greatly outweighed by the corrosive effect of a lying government trying to cover it's ass. Start declassifing now and do not stop!

JoseyWalesTheOutlaw Catahoula Wed, 02/07/2018 - 08:35 Permalink

https://theconservativetreehouse.com/2018/01/28/did-justice-department-…

 

The story has disappeared into the swamp; but the story is important.

There is a very strong possibility that U.S. District Court Judge Rudolph Contreras was forcibly recused by Supreme Court Chief Justice John Roberts, because Contreras is also the FISA Court Judge who signed-off on the 2016 FISA application (warrant) that led to the wiretapping and surveillance of General Flynn.  That FISA application is now being questioned.

In reply to by Catahoula

not-me---it-wa… Tue, 02/06/2018 - 23:21 Permalink

what difference, at this point, does it make?

 

there is precedent that rights allegedly "enshrined"

in the constitution no longer exist.

 

wasn't it a famous nobel peace prize winning constitutional

scholar sitting in the oval office who ordered the execution

of american citizens without trial, without review, and without

any chance of defense?

 

 

Noktirnal not-me---it-wa… Wed, 02/07/2018 - 00:16 Permalink

For every right enumerated in the Constitution, Congress or Courts have used other "clauses" to infringe.

1. Freedom of Speech, Assembly, Petition & Redress, and Religion have all been infringed

"Free Speech Zones", Photographers harassed and assaulted, religious ceremonies banned, sacraments banned, prohibiting people from practicing religion of choice

2. Right to Militia, Right to Bear Arms - both gutted

Militia= Terrorist organization, banned Arms, carry permits

3. Quartering soldiers without consent - I believe this one is safe right now

4. Right to privacy. Restricts .gov to searches only when judge signs warrant describing specific place to be searched and items to be seized.  gutted

Secret Courts, Secret Warrants, psychic sniffing dogs, checkpoints of all kinds, ID demands

5. Life, Liberty, and Property - No punishment without due process, no seizure of property without due process, no seizure of property without compensation. .Gov cannot compel a person to be a witness against himself. Gutted

Civil asset forfeiture, Drone strikes

6. in criminal cases: Right to a fair, speedy trial. Right to face accuser. Gutted

7. in civil cases: Right to trial by jury. Infringed

8. .Gov prohibited from imposing excessive bail, fines, or punishment. Prohibited from imposing cruel or unusual punishment. Infringed

9. Puts .gov on notice that the People retain other rights not enumerated here. Enumerating certain rights does not mean the others are void. Non-existent.

10. All powers not delegated to the US .gov by the Constitution are retained by the People and the States. Gutted.

Feel free to chime in with more examples. It's obvious at this point. If we "the people" want a change in our .gov, we are going to have to roll up our sleeves, roll up our pants, jump in the swamp and start dredging the bottom, wrestling with snakes and alligators, and probably have to kill a few swamp creatures to figure out what has been done in our names, and clean it up if there's any possibility of having a functioning government in the future. These people will kill every person on the planet to keep from losing the power they now have.

In reply to by not-me---it-wa…

Noktirnal FreeEarCandy Wed, 02/07/2018 - 05:06 Permalink

None, unless others can agree to the concept. Or... whatever rights I can claim and hold on to.  This question has many answers and no answers. I'm for whatever facilitates maximum freedom and minimum potential for corruption.

Ownership of my body, my thoughts, my labor, and my property.

The right to think as I wish, write what I think, publish what I write, and speak my mind.

The right to be free from unjust aggression, and to defend myself from aggression.

The right to be left alone as long as not violating the rights of another person.

In reply to by FreeEarCandy

Eyes Opened Noktirnal Wed, 02/07/2018 - 06:22 Permalink

"Ownership of my body, my thoughts, my labor, and my property.

The right to think as I wish, write what I think, publish what I write, and speak my mind.

The right to be free from unjust aggression, and to defend myself from aggression.

The right to be left alone as long as not violating the rights of another person.

 

Thats "TERRORIST-TALK" tm

Your'e on at LEAST one list with an attitude like that, Nok.... 😒

In reply to by Noktirnal