crashtech
Lifer
- Jan 4, 2013
- 10,556
- 2,139
- 146
Submitted for your perusal, a rare public order from the Presiding Judge of the FISC, Rosemary M. Collyer:
Selected excerpts:
I did not wish to vote in the poll, but this new information does not help the credibility of the FBI re its handling of Crossfire Hurricane. If one believes that the means justify the ends, this order is not cause for concern. But, the precedent of providing false information to a secret court to effectively violate the 4th Amendment rights of a US citizen can justifiably be cause for alarm, even if one agrees with the underlying purpose of the investigation.
Selected excerpts:
This order responds to reports that personnel of the Federal Bureau of Investigation (FBI)provided false information to the National Security Division (NSD) of the Department of Justice, and withheld material information from NSD which was detrimental to the FBI's case, in connection with four applications to the Foreign Intelligence Surveillance Court (FISC) for authority to conduct electronic surveillance of a U.S. citizen named Carter W. Page. When FBI personnel mislead NSD in the ways described above, they equally mislead the FISC...
..."Congress intended...to provide an external check on executive branch decisions to conduct surveillance" in order ''to protect the fourth amendment rights of U.S. persons." The FISC's assessment of probable cause can serve those purposes effectively only if the applicant agency fully and accurately provides information in its possession that is material to whether probable cause exists. Accordingly, "the government ... has a heightened duty of candor to the [FISC] in ex parte proceedings,"...The FISC "expects the government to comply with its heightened duty of candor in ex parte proceedings at all times. Candor is fundamental to this Court's effective operation...
...an attorney in the FBI's Office of General Counsel (OGC) engaged in conduct that apparently was intended to mislead the FBI agent who ultimately swore to the facts in that application about whether Mr. Page had been a source of another government agency... Because the conduct of the OGC attorney gave rise to serious concerns about the accuracy and completeness of the information provided to the FISC in any matter in which the OGC attorney was involved, the Court ordered the government on December 5, 2019, to, among other things, provide certain information addressing those concerns...
...The FBI's handling of the Carter Page applications, as portrayed in the OIG report, was antithetical to the heightened duty of candor described above. The frequency with which representations made by FBI 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 FBI applications is reliable. The FISC expects the government to provide complete and accurate information in every filing with the Court. Without it, the FISC cannot properly ensure that the government conducts electronic surveillance for foreign intelligence purposes only when there is a sufficient factual basis.
I did not wish to vote in the poll, but this new information does not help the credibility of the FBI re its handling of Crossfire Hurricane. If one believes that the means justify the ends, this order is not cause for concern. But, the precedent of providing false information to a secret court to effectively violate the 4th Amendment rights of a US citizen can justifiably be cause for alarm, even if one agrees with the underlying purpose of the investigation.