The Foreign Intelligence
Surveillance Act of 1978 ("FISA" Pub.L.
92 Stat. 1783, 50
is a United
States federal law which
establishes procedures for the physical and electronic surveillance and
collection of "foreign intelligence information" between
"foreign powers" and "agents of foreign powers" suspected of espionage or terrorism…
Depending on the type of surveillance, approved orders or
extensions of orders may be active for 90 days, 120 days, or
FISA warrant process (application – collection of
information) must be closely investigated. Congressman Trey
Gowdy, Senator Charles Grassley, and Senator Lindsey Graham
indicate a Special Counsel is in order. What was the
rational for the warrant presented to the FISA judges? Who
signed off on the extensions of the FISA warrants every 90
days? What was the rationale for the extensions?
JUDGES NOT TO BLAME – WHAT IS THE FISA JUDGE’S
RESPONSIBILITY? Did inherent problems exists in the
evidence presented by the DOJ and FBI to get the FISA
Dossier = from Fusion GPS was used as evidence to
obtain FISA Warrant
Dossier – Paid for by DNC and Hillary Clinton Campaign – not
clearly delineated (spelled out) in the FISA warrant
Perkins Cole law firm for DNC & Clinton Campaign payed
(168k) to Steele for the Dossier – not spelled out in FISA
Dossier – Christopher Steele – MI-6 (Russian Specialist):
Dossier – Christopher Steele – leaked information to the
national media 9/16 (New Yorker, WP, Yahoo News & CNN) that
he worked for the FBI (broke cardinal rule) Steele was
“suspended then terminated” by the FBI. Lying to an FBI
officer is a felony bringing up to 5 years in prison.
Yahoo article was used as evidence to obtain the
Dossier – Christopher Steele - Sources not clearly
Christopher Steele in how the information was harvested.
FBI AGENTS FISA PROBLEM (CONFLICT OF INTEREST)
Two FBI Agents: Peter Strozk & FBI Lawyer Lisa Page
Liaison relationship (affair between Storzk & Page):
The Storzk & Page text messages revealed they both:
FBI Agent Peter Strozk & FBI Lawyer Lisa Page friends with
FISA Judge Rudolph Contreras (who recused himself). Lisa
Page also had an affair (relationship) with FISA judge:
Judge Rudolph Contreras
Additional Key Information: FBI Agent Peter Strozk
interviewed Michael Flynn in the Russian collusion case.
FBI Agent Peter Strozk was also part of the Hillary Clinton
email investigation --- found on Anthony Weiner’s computer
(sent by Huma Abedin) – which was addressed right before the
November 7, 2016 Presidential elections – emails
(Zero-hedge) determined not to be a National Security
problem – no probable cause – little or no action.
Deputy FBI Director Andrew McCabe’s recommended termination
by: 1) the Justice Department Inspector General Michael
Horwitz’s internal review and the 2) the FBI’s Office Of
Professional Responsibility (OPR) – which was forwarded such
detailed information (allegations of misconduct) from
Inspector General Horwitz. McCabe leaked Information
(unauthorized disclosure) to the Wall Street Journal
regarding an on-going FBI public corruption investigation of
the Clinton Foundation.
---Required by Statute (50 U.S.C.) a FISA order (warrant) on
an American citizen must be renewed every 90 days and each
renewal requires a separate finding of probable cause---
Deputy FBI DirectorAndrew McCabe signed off on one FISA
FBI Director Comey signed off on three FISA warrants.
Acting Attorney General (AAG) Sally Yates, AAG Dana Boente,
and Deputy Attorney General Rod Rosenstein signed off on one
or more FISA warrants.
“And most conspicuously, Schiff’s response is silent on one
of the most damning allegations from the Nunes memo: That
acting FBI Deputy Director Andrew McCabe told the House
Intelligence Committee in December that “no surveillance
warrant would have been sought from the FISC (Foreign
Intelligence Surveillance Court) without the Steele dossier
FBI also had reason to view his research with skepticism—on
grounds of its tabloid-like allegations, and also on the
near-fantastical claim of skill that underlay it. To wit,
that a man who had been out of official spy rings for seven
years was nonetheless able, in a matter of weeks and with
just a few calls from London, where he lives, to unravel an
international conspiracy that had eluded the CIA, FBI, MI6
and every other Western intelligence agency, all of which
have access to the globe’s most sophisticated surveillance
“But rather than proceed with caution, the FBI swallowed the
whole package. According to Sen. Chuck Grassley’s
declassified criminal referral, former Director James Comey
testified that the bureau couldn’t meaningfully corroborate
the dossier, but used it in Foreign Intelligence
Surveillance Court proceedings anyway because Mr. Steele had
previously provided “reliable” information.”
Questions: What working relationship did FBI Director Comey
have with British Agent Steele? Did previous associations
require obtaining FISA warrants?
The Brennan Center Report On FISA (2015):
What Went Wrong With The FISA COURT
Excerpts Brennan Center
Report Pages 4-5:
Fundamental changes are needed to fix these flaws. Following
Snowden’s disclosures, several bills were introduced to try
to ensure that the court would hear the other side of the
argument, generally from some type of public advocate. Other
bills addressed the court’s secrecy by requiring the
executive branch to declassify significant opinions or
release summaries. These proposals would make important
improvements, but they do not address the full range of
constitutional deficiencies resulting from the changes in
law and technology detailed in this report. The problem with
the FISA Court is far broader than a particular procedure or
rule. The problem with the FISA Court is FISA.
The report proposes a
set of key changes to FISA
to help restore the court’s legitimacy.
should end programmatic surveillance and require the
government to obtain judicial approval whenever it seeks to
obtain communications or information involving Americans.
This would resolve many constitutional concerns.
Congress should shore up the Article III soundness of the
ensuring that the interests of those affected by
surveillance are represented in court proceedings,
increasing transparency, and facilitating the ability of
affected individuals to challenge surveillance programs in
regular federal courts.
Finally, Congress should address additional Fourth Amendment
concerns by ensuring that the collection of information
under the rubric of “foreign intelligence” actually relates
to our national security and does not constitute an end-run
around the constitutional standards for criminal
Under today’s foreign intelligence surveillance system, the
government’s ability to collect information about ordinary
Americans’ lives has increased exponentially while judicial
oversight has been reduced to near-nothingness. Nothing less
than a fundamental overhaul of the type proposed here is
needed to restore the system to its constitutional moorings.
--------------------END BRENNAN CENTER FISA
As the U.S. Supreme Court has jurisdiction over all
federal courts (judicial oversight), what role can the
Supreme Court play to ensure the U.S. Constitution has
been adhered to (not violated) and ensure the FISA
judges (robust peer review every 2 years) and the
Executive Branch have acted in accord with the U.S.
Constitution (Fourth Amendment concerns)?