Representatives Gowdy and Goodlatte Call for DOJ to Appoint Special Council to Look Into Possible FISA Warrant Abuses

Posted by Tina

House chairmen Trey Gowdy and Bob Goodlatte have called for the Justice Department to appoint a special council to investigate how the FBI handled applications to wiretap Trump associates in 2016 and 2017:

The request comes on the heels of an announcement by the attorney general last week that the Justice Department’s inspector general had opened an investigation into allegations of abuse of the wiretap process under the Foreign Intelligence Surveillance Act, or FISA.

“We think this is a very serious matter regarding conduct by the FBI and by some in the Department of Justice that that calls for the appointment of a special counsel who will have subpoena and prosecutorial powers. We also believe that this matter extends beyond the Department of Justice and therefore calls for someone who can have greater jurisdictional authority than the inspector general,” Goodlatte, R-Va., told reporters Tuesday afternoon.

Gowdy, R-S.C., said he has been “resistant” for calls for special counsel appointments in the past, but he counted “at least 24 witnesses” that would be outside the reach of the Justice Department’s inspector general.

“If the IG cannot do it himself or herself, and the Department of Justice should not do it because of conflicts of interest whether real or perceived, then that leaves no alternative except special counsel,” Gowdy explained.

Both Gowdy and Goodlatte noted the inspector general cannot bring in former Justice Department and FBI officials, nor can he bring in officials from other departments or people from outside the federal government who could be involved.

“It’s particularly important that the DOJ itself and FBI itself not lead this investigation because it involves decisions made at the highest levels of the FBI and high levels of the Department of Justice that need to be examined from the outside,” Goodlatte said. “The inspector general can and should look into the matter form the standpoint of what he can do, but his abilities in this area are limited.”

I’m certain that many of you will agree it’s about time this happened!

If it happens, I do hope those appointed will be objective. Members of the Meuller special council destroyed public confidence when they were found to have conflicts of interest and extreme personal and political biases. See here, here, and here.

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12 Responses to Representatives Gowdy and Goodlatte Call for DOJ to Appoint Special Council to Look Into Possible FISA Warrant Abuses

  1. J. Soden says:

    Were I a FISA judge, I would be mad as hell that the FBI lied to me in order to get a surveillance warrant based on unverified info.
    Gonna be interesting . . . . . .

    • Tina says:

      I would be too and I imagine there are plenty of judges and others in the legal and law enforcement business that are mad as hell.

      Look at all the agencies that have been besmirched due to criminal and unethical activities…I’ve never seen anything like it!

    • Chris says:

      J, the FBI didn’t lie to the court. The FBI said in the warrant that they “speculated” that the dossier came from a biased source trying to damage Trump’s credibility. Unless it can be proven that the FBI knew that the dossier was funded by the Clinton campaign–which is unlikely, as even Steele himself didn’t know who was funding his work–it stands to reason that they told the court all they knew.

      There would have been no point in lying about the source of the funding while still saying they thought it was funded by a biased anti-Trump source. Why would they do it? And why would any court be fooled by it? The theory articulated in the Nunes memo simply doesn’t make any sense. Either the four Republican-appointed judges who approved the warrant are idiots, or it simply didn’t matter who funded the dossier because the information about Page was verified.

      • Tina says:

        “The FBI said in the warrant that they “speculated” that the dossier came from a biased source trying to damage Trump’s credibility. Unless it can be proven that the FBI knew that the dossier was funded by the Clinton campaign…”

        1. Such speculation would require the revealing the source. According to those that have applied for FISA warrants such information is always expected in the application.

        2. FBI officials involved DID KNOW according to evidence discovered in the House probe/s:

        The intelligence memo released today by Republicans on the House Intelligence Committee reveals that when the FBI applied for a warrant to spy on Trump campaign adviser Carter Page, the FBI used an anti-Trump dossier paid for by the Clinton campaign and the Democratic National Committee (DNC), but the FBI did not tell the FISA court that the material was paid for by Clinton and the DNC.

        Apparently, all the political funding and political background was kept hidden from the court.

        Further, the application for the FISA warrant did not mention that the FBI had also authorized payment to the man, Christopher Steele, who compiled the dossier or that Steele “was desperate” to stop Trump from being elected president. Nor did the FISA appplication mention that Steele had briefed Associate Deputy Attorney General Bruce Ohr on his activities and that Ohr’s wife was doing opposition research on Trump for Fusion GPS, which was being paid for by the DNC and the Clinton campaign, which were also paying Steele.

        As the memo, released today states, “1) The ‘dossier’ compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application.

        “Steele was a longtime FBI source who was paid over $160,000 by the DNC and Clinton campaign, vial the law firm Perkins Coie and research firm Fusion GPS, to obtain derogatory information on Donald Trump’s ties to Russia.

        “a) Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele’s efforts, even though the political origins of the Steele dossier were the known to senior DOJ and FBI officials. [Emphasis added.]

        “b) The initial FISA application notes Steele was working for a named U.S. person, but does not name Fusion GPS and principal Glenn Simpson, who was paid by a U.S. law firm (Perkins Cole) representing the DNC (even though it was known by DOJ at the time that political actors were involved with the Steele dossier). [Emphasis added.]

        “The application does not mention Steele was ultimately working on behalf of — and paid by — the DNC and the Clinton campaign, or that the FBI had separtely authorized payment to Steele for the same information.” [Emphasis added.]

        The memo further states that in September 2016, “Steele admitted to [Associate Deputy Attorney General Bruce] Ohr his feelings against then-candidate Trump when Steele said he ‘was desperate that Donald Trump not get elected and was passionate about him not being president.’ This clear evidence of Steele’s bias was recorded by Ohr at the time and subsequently in official FBI files — but not reflected in any of the Page FISA applications. [Emphasis added.]

        Also, the Ohrs’ “relationship with Steele and Fusion GPS was inexplicably concealed from the FISC.” [Emphasis added.]

        The FISA application “ignored or concealed his [Steele’s] anti-Trump financial and ideological motivations,” reads the memo. [Emphasis added.]

        See also The Federalist, “Here Are The 7 Biggest Bombshells In The House Intel Memo On FISA Abuses.” I’ve excerpted the seven bulletpoints. read the article for details:

        1. FBI Used News Articled Sourced By Steele To Corroborate His Dossier

        2. FBI Knew Steele Was Being Paid By DNC, Hillary Clinton, Chose Not To Tell The Court

        3. Without The Steele Dossier, FBI Wouldn’t Have Sought the Warrant To Spy On Carter Page

        4. FBI Spied On Trump’s Associate For Nearly a Year

        5. FBI Dismissed Steele As a Source Soon After It Secured The Initial FISA Warrant

        6. FBI Did Not Tell The Court It Had Dismissed Steele

        7. DOJ Official’s Wife Was Getting Paid By Fusion GPS

        Every American should be deeply concerned about these abuses of power, as they should have been in the revealed IRS abuses, as they should have when Hillary was described as a criminal by Comey and then let off the hook, as they should have by the gross errors in judgement before, during, and after Benghazi.

        In my opinion, and I know hearing it gets old, more Americans would be deeply concerned except for the old medias failure to neutrally report about these events. Instead, CNN ABC, NBC, CBS, the NYT and WaPo, among others, chose long ago to take the side of the Democrat Party and act both as promoter and defender of the leadership. It’s an exclusive club of elitists. There are Rino Republicans that have managed to join this club on the periphery (McCain), but they would not receive the same level of protection for the simple reason that denigrating Republicans would take precedence.

        The day is coming when honorable people in the Democrat electorate are going to have to question and make a choice about their affiliation with this corrupt band of unscrupulous (often criminal) elitists.

        • Chris says:

          1. Such speculation would require the revealing the source. According to those that have applied for FISA warrants such information is always expected in the application.

          They did reveal the source: Steele. They did not reveal the funding, and indicated they did not know who was funding it. The court didn’t care, because the funding didn’t matter.

          2. FBI officials involved DID KNOW according to evidence discovered in the House probe/s:

          You relied on the Nunes memo to support that, but the Nunes memo provided no evidence for this, only assertions. Remember, the Nunes memo contained no excerpts from the application itself; the Schiff memo did.

          The Federalist article you cited also does not provide any evidence to back up its claim that the FBI was aware of the funding at the time.

          You also cited two parts of the Nunes memo that have since been proven false:

          “The application does not mention Steele was ultimately working on behalf of — and paid by — the DNC and the Clinton campaign, or that the FBI had separtely authorized payment to Steele for the same information.” [Emphasis added.]

          The FBI had considered paying Steele, but reconsidered, and they never paid him.

          The FISA application “ignored or concealed his [Steele’s] anti-Trump financial and ideological motivations,” reads the memo. [Emphasis added.]

          No, it didn’t. It flat-out said the FBI speculated that he was working to discredit the Trump campaign. The court did not find this reason to throw out the application, nor should they have; evidence against suspects is very often given to authorities by people who are biased against those suspects. That does not invalidate the information.

          This is all a deflection from the fairly obvious facts that Page was shady as hell and that there was plenty of reason to be monitoring him.

      • j says:

        There are two types of lies: Deliberate and those of Omission.
        The FBI did both, as they knew who funded the dingy dossier.
        The “information about Page was verified” by the dingy dossier and no other source. And the idea that the Yahoo article verified the dingy dossier becomes circular reasoning.
        Circular reasoning doesn’t cut it when presenting evidence or lack thereof.

        • Tina says:

          Great information j, thanks

          A former agent called in to a talk show one day and explained how an unethical agent can use language to force a “lie.” He used an example (car?)…old brain defies me now…any thoughts on the tactic of forcing a lie?

    • Tina says:

      Incredible, in depth, information RHT447.

      The entire reason for the Russian probe is based on uncorroborated specious accusations made by a select few…terrific.

      Arghhhhh…

  2. Tina says:

    Conservative Treehouse:

    …political operatives within the DOJ-NSD were using FISA 702(17) surveillance “about inquiries” (read entire article) that would deliver electronic mail and phone communication for U.S. people (Trump campaign). The NSD unit (John Carlin) was working in coordination with the FBI Counterintelligence Unit (Bill Priestap, Peter Strzok etc.) to look at Trump campaign activity. DOJ Attorney Lisa Page was the intermediary between the DOJ National Security Division and [t]he FBI Counterintelligence Division.

    All research indicates the information the DOJ and FBI collected via their FISA-702(16)(17) queries, and the stuff Fusion GPS was creating via Christopher Steele (The “Russian Dossier), was used to create the Russian Narrative, “The Insurance Policy“.

    ♦Ultimately, the people within all of these unlawful intercepts of information is what Devin Nunes discovered when he looked at the “unmasking requests” which were a result of those FISA 702(17) collections on Team Trump. That’s why Devin Nunes was so stunned at what he saw in February and March 2017.

    The ENTIRE SYSTEM of surveillance and data collection was weaponized against a political campaign.

    Democrats, including Schiff, did not go to the special room to read the “unmasking requests.” Nunes cannot talk about the classified information he saw. He also could not reveal what he saw in the memo he wrote. Schiff could make any claims he wanted since he didn’t bother to look.

    We need a special council to investigate the investigators..

  3. Tina says:

    “…They did not reveal the funding, and indicated they did not know who was funding it. The court didn’t care…”

    Pure hogwash! FISA court warrants (on Americans) are only granted when there is evidence of a crime. The court expects full disclosure regarding that evidence.

    Members of the Senate investigating this came to the same conclusion, FOX:

    Republican Sens. Lindsey Graham and Chuck Grassley sent a criminal referral in early January for Steele, which was recently released. The pair’s referral appears to support some of the claims made in the GOP memo.

    In their criminal referral, Graham and Grassley said the surveillance applications “relied heavily on Mr. Steele’s dossier claims.” They also said the applications “failed to disclose that the identities of Mr. Simpson’s ultimate clients were the Clinton campaign and the DNC.”

    Andrew McCarthy of National Review, “The Schiff Memo Harms Democrats More Than It Helps Them”

    because Page was an American citizen, FISA law required that the FBI and the DOJ show not only that he was acting as an agent of a foreign power (Russia), but also that his “clandestine” activities on behalf of Russia were a likely violation of federal criminal law. (See FISA, Section 1801(b)(2)(A) through (E), Title 50, U.S. Code.) It is the Steele dossier that alleges Page was engaged in arguably criminal activity. The Democrats point to nothing else that does.

    2) Democrats implausibly insist that what “launched” the FBI’s counterintelligence investigation was not Steele’s allegations but intelligence from Australia about George Papadopoulos’s contact with what Democrats elusively describe as “individuals linked to Russia.” As we learned when Papadopoulos pled guilty, though, it is anything but clear that these “individuals linked to Russia” had much in the way of links to Putin’s regime: London-based academic Joseph Mifsud, who is from Malta and apparently does not speak Russian; an unidentified woman who falsely pretended to be Putin’s niece; and Ivan Timofeev, a program director at a Russian-government-funded think tank.

    Even if we assume for argument’s sake that these characters had solid regime connections — rather than that they were boasting to impress the credulous young Papadopoulos — they were patently not in the same league as Sechin, a Putin crony, and Divyekin, a highly placed regime official. And that, manifestly, is how the FBI and the DOJ saw the matter: They sought a FISA warrant on Page, not Papadopoulos. And, as the above-excerpted passage shows, they highlighted the Steele dossier’s sensational allegations about Page and then feebly tried to corroborate those allegations with some Papadopoulos information, not the other way around. (More on that when we get to Schiff’s notion of “corroboration.”)

    Concealing the Dossier’s Clinton-Campaign Origins
    Another major takeaway from the Schiff memo is that the FBI and the DOJ withheld from the FISA court the fact that Steele’s work was a project of the Clinton campaign. Naturally, the reader must ferret this admission out of a couple of dense paragraphs, in which Democrats risibly claim that the “DOJ was transparent with the Court about Steele’s sourcing.”

    How’s this for transparency? The FISA warrant application says that Steele, referred to as “Source #1,” was “approached by” Fusion GPS founder Glenn Simpson, referred to as “an identified U.S. person,” who

    indicated to Source #1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s [i.e., Trump’s] ties to Russia. (The identified U.S. Person and Source #1 have a longstanding business relationship.) The identified U.S. Person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign. [Emphasis in Schiff memo, p. 5]

    The first thing to notice here is the epistemological contortions by which the DOJ rationalized concealing that the Clinton campaign and the DNC paid for Steele’s reporting. They ooze consciousness of guilt. If you have to go through these kinds of mental gymnastics to avoid disclosing something, it’s because you know that being “transparent” demands disclosing it.

    Read the article Chris and open your mind to the possibility.

    The people deserve the truth. The Schiff memo offered nothing of substance. It was written to distract and shift the conversation away from the Nunes memo and revelations slowly coming forth.

  4. Tina says:

    Good News!, “Why No Investigation Into FBI, Justice Dept. Collusion With Democrats To Spy On Trump? Turns Out, There Is One”:

    The question has grown in importance in recent days as Rep. Trey Gowdy, chairman of the House Oversight and Government Reform Committee, and Bob Goodlatte, chairman of the House Judiciary Committee, released a letter they sent to Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein on Tuesday urgently seeking an investigation.

    They cited a long list of possible abuses: “There is evidence of bias, trending toward animus, among those charged with investigating serious cases. There is evidence political opposition research was used in court filings. There is evidence this political opposition research was neither vetted before it was used nor fully revealed to the relevant tribunal.”

    Any of these allegations, if true, are enough to fatally taint the ongoing investigation, now spearheaded by Special Counsel Robert Mueller, and possibly even lead to criminal charges.

    Perhaps even more important, Goodlatte and Gowdy wrote, is that the appearance of misconduct threatens to “impugn” and undermine our justice system and those who staff it in the eyes of both Congress and the public. It’s a question of public confidence.

    It’s not clear that Sessions responded to the two. But speaking with Fox News host Shannon Bream, Sessions said he has already appointed someone to investigate.

    “I have appointed a person outside of Washington, many years in the Department of Justice, to look at all the allegations that the House Judiciary Committee members sent to us and we’re conducting that investigation,” Sessions said in an interview Wednesday.

    This tells me Sessions has ensured that a serious thorough investigation is taking place. This investigation lacks the political theater of the Meuller probe.

    Patience.

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