If it weren’t for COVID, this would be the big story today – at least on the right — 14 Comments
Still nothing will be done to any in the FBI, or the Judges for that matter. And the convicted will stay convicted.
LYNN HAGROVE:
Agreed.
If you look at the comments to that Legal Insurrection post I linked, that is what just about everyone there thinks, too.
So,
The fbi is required to disclose the Woods file for each application to the court as part of the approval process.
Required to.
Also, the fbi does not know, for three of the applications, if the corresponding Woods files ever existed.
How am I supposed to reconcile those two facts?
For three of those FISA authorizations, the IG people could not find even the previous existence of any supporting Woods documentation. I’ll bet that really cuts down on work load.
Remember near the end of Adm. Mike Rogers tenure as director of the NSA, he discovered that when the FBI got an authorization they often farmed-out the NSA data searches to outside contractors. One of those contractors was Glenn I-plead-the-fifth Simpson’s Fusion GPS.
______
You beat me Fred. The dog ate my homework?
A local police force in Slidell, La. will record interviews with suspects, but the FBI does not do that. Now we discover that they’re able to produce an error-free FISA application around about 0% of the time. Don’t believe the agency needs something as prosaic as ‘reform’. It needs a refoundation.
You don’t say. Well you can’t get anything past these sharpies, I guess.
Noor Salman, widow of the Orlando night club shooter, was acquitted of obstruction and similar charges. The jury foreman said he wished the fibbies had recorded their interviews due to “disrepancies”. This is a good start. When the DoJ prosecutors find that including FBI evidence guarantees acquittal other evidence notwithstanding, things might improve.
This is not The FBI Story.
It seems evident to me, looking from abroad, that Democrats have repeatedly tried to subvert a legal election more than one time, involving corruption and treason at several levels of fundamental state offices – which should be an exceedingly grave crime in any country.
Why the Republican party does not react more vehemently, officially suing in tribunal the offenders is really something I can’t understand. If the left had been on the receiving side of such abuses, they would be rioting in the streets – and rightly so.
Paolo – short answer: lots of Republican politicians liked what the Democrats were doing to subvert Trump; the others don’t bother with courts because of the high prevalence of Democrat-biased judges; and only Democrat mobs are exempt from penalties for rioting.
Those documents that did have Woods files contained an average of twenty errors. As you mull that over, keep in mind that neither a person being investigated nor his attorney is involved in the FISA process to protect the rights of the person being investigated. Just ask Carter Page how well that worked out for him!
Horowitz included an FBI response to his report within the document from Associate Deputy Director Paul Abbate who wrote, “We believe that the process errors identified in the OIG’s preliminary findings will be addressed by Director Wray’s previously ordered corrective actions.”
What’s that expression about a horse and a barn door?
If we are to retain FISA and the FISC — and I’m not saying we should — an attorney must be appointed to act on behalf of the target to examine evidence and cross-examine witnesses. This could be done as in the U.S. military, where JAG attorneys are appointed by the judge to either prosecute or defend, or by having a panel of highly qualified (and security-cleared) volunteer defense lawyers for the judge to select from to oppose the DoJ prosecutor..
Paolo Pagliaro at 6:50 pm said, in part:
“Why the Republican party does not react more vehemently, officially suing in tribunal the offenders is really something I can’t understand. If the left had been on the receiving side of such abuses, they would be rioting in the streets – and rightly so.”
If a tree falls in the forest and there’s nobody there to hear it, does it make a sound?
Other than Fox News and One America News, important news unfriendly to left-leaning interests gets buried. The news media have a great many powers, and one of the most important and far-reaching of the powers is the power to *omit*.
One final point: left-leaners riot in the streets (it’s a sacrament in their religion), but right-leaners work their jobs and mind their business. It’s just the way things are.
PresidentTrump could and should deal with this by Executive Order.
The Order would apply to *all* federal law enforcement officers.
Commencing immediately, Form 302 and similar records made of interviews or interactions are to be used *only* as a Summary Report and is *not* to be tendered as evidence. 302’s are hearsay.
Commencing immediately, *all* interviews, for *whatever* purpose are to be recorded. Agents already have government provided cell phones which have video recording capabilities. All interviews are to be retained. All interviewees are to be informed of their right to record their own version (pre-Miranda level). Only the recording or transcript is allowed to be tendered as evidence in court.
(This almost effectively means that FBI agents, etc. need to be wearing body-cams, to record all interactions with people).
The DOJ shall require all prosecutors to provide copies of relevant recordings to persons charged, and shall be required to inform the Court of any circumstance where no recording was made, and shall not present as evidence any materials derived from hearsay from 302’s.
Finally, all agents and DOJ personnel are to receive notice of and a copy of the Order *and to acknowledge their receipt in writing*.
Such as Order is clearly necessary to preclude improper actions or negligent mistakes as to interpretation or comprehension by agents, and provide as a matter of course full disclosure as required by Brady etc.
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Still nothing will be done to any in the FBI, or the Judges for that matter. And the convicted will stay convicted.
LYNN HAGROVE:
Agreed.
If you look at the comments to that Legal Insurrection post I linked, that is what just about everyone there thinks, too.
So,
The fbi is required to disclose the Woods file for each application to the court as part of the approval process.
Required to.
Also, the fbi does not know, for three of the applications, if the corresponding Woods files ever existed.
How am I supposed to reconcile those two facts?
For three of those FISA authorizations, the IG people could not find even the previous existence of any supporting Woods documentation. I’ll bet that really cuts down on work load.
Remember near the end of Adm. Mike Rogers tenure as director of the NSA, he discovered that when the FBI got an authorization they often farmed-out the NSA data searches to outside contractors. One of those contractors was Glenn I-plead-the-fifth Simpson’s Fusion GPS.
______
You beat me Fred. The dog ate my homework?
A local police force in Slidell, La. will record interviews with suspects, but the FBI does not do that. Now we discover that they’re able to produce an error-free FISA application around about 0% of the time. Don’t believe the agency needs something as prosaic as ‘reform’. It needs a refoundation.
You don’t say. Well you can’t get anything past these sharpies, I guess.
Noor Salman, widow of the Orlando night club shooter, was acquitted of obstruction and similar charges. The jury foreman said he wished the fibbies had recorded their interviews due to “disrepancies”. This is a good start. When the DoJ prosecutors find that including FBI evidence guarantees acquittal other evidence notwithstanding, things might improve.
This is not The FBI Story.
It seems evident to me, looking from abroad, that Democrats have repeatedly tried to subvert a legal election more than one time, involving corruption and treason at several levels of fundamental state offices – which should be an exceedingly grave crime in any country.
Why the Republican party does not react more vehemently, officially suing in tribunal the offenders is really something I can’t understand. If the left had been on the receiving side of such abuses, they would be rioting in the streets – and rightly so.
Paolo – short answer: lots of Republican politicians liked what the Democrats were doing to subvert Trump; the others don’t bother with courts because of the high prevalence of Democrat-biased judges; and only Democrat mobs are exempt from penalties for rioting.
Jeff Dunetz:
https://libertyunyielding.com/2020/04/01/i-g-horowitz-finds-fbi-fisa-warrants-regularly-missing-supporting-evidence/
If we are to retain FISA and the FISC — and I’m not saying we should — an attorney must be appointed to act on behalf of the target to examine evidence and cross-examine witnesses. This could be done as in the U.S. military, where JAG attorneys are appointed by the judge to either prosecute or defend, or by having a panel of highly qualified (and security-cleared) volunteer defense lawyers for the judge to select from to oppose the DoJ prosecutor..
Paolo Pagliaro at 6:50 pm said, in part:
“Why the Republican party does not react more vehemently, officially suing in tribunal the offenders is really something I can’t understand. If the left had been on the receiving side of such abuses, they would be rioting in the streets – and rightly so.”
If a tree falls in the forest and there’s nobody there to hear it, does it make a sound?
Other than Fox News and One America News, important news unfriendly to left-leaning interests gets buried. The news media have a great many powers, and one of the most important and far-reaching of the powers is the power to *omit*.
One final point: left-leaners riot in the streets (it’s a sacrament in their religion), but right-leaners work their jobs and mind their business. It’s just the way things are.
PresidentTrump could and should deal with this by Executive Order.
The Order would apply to *all* federal law enforcement officers.
Commencing immediately, Form 302 and similar records made of interviews or interactions are to be used *only* as a Summary Report and is *not* to be tendered as evidence. 302’s are hearsay.
Commencing immediately, *all* interviews, for *whatever* purpose are to be recorded. Agents already have government provided cell phones which have video recording capabilities. All interviews are to be retained. All interviewees are to be informed of their right to record their own version (pre-Miranda level). Only the recording or transcript is allowed to be tendered as evidence in court.
(This almost effectively means that FBI agents, etc. need to be wearing body-cams, to record all interactions with people).
The DOJ shall require all prosecutors to provide copies of relevant recordings to persons charged, and shall be required to inform the Court of any circumstance where no recording was made, and shall not present as evidence any materials derived from hearsay from 302’s.
Finally, all agents and DOJ personnel are to receive notice of and a copy of the Order *and to acknowledge their receipt in writing*.
Such as Order is clearly necessary to preclude improper actions or negligent mistakes as to interpretation or comprehension by agents, and provide as a matter of course full disclosure as required by Brady etc.