Tag Archives: 4th amendment

Apr 18 2026

Late Night House FISA Shenanigans Results in a Two-Week Extension, But No Agreement on Reauthorization Bill


Posted originally on CTH on April 17, 2026 | Sundance

Late last night (midnight) the House members were called back to session in order to vote on a procedural rule to facilitate a negotiated FISA(702) extension.  The advancement vote failed to pass the House (200-220) collapsing the bill, which is not a bad outcome all things considered.

House Republican leaders posted a compromise FISA amendment just before 11 p.m., and then called the House members to vote.  The Amendment would have extended FISA (702) for five years and did include language that would have strengthened criminal penalties for misuse of the program, and some language that would have required warrants under certain circumstances.

However, there is strong opposition in the House to a FISA(702) extension that doesn’t contain a full warrant requirement when the FISA search targets, directly or indirectly, an American citizen. A rather eclectic group of Republicans including: Brian Fitzpatrick (Pa.), Andy Harris (Md.), Darin LaHood (Ill.), Thomas Massie (Ky.), Mariannette Miller-Meeks (Iowa), Zach Nunn (Iowa), Andy Ogles (Tenn.), Scott Perry (Pa.), John Rose (Tenn.), Keith Self (Texas), Mike Turner (Ohio) and Jeff Van Drew (N.J.) voted against the bill.

Leftists are voting against anything Trump supports, though there are some democrats who are consistent in their efforts to stop FISA (702) for many years.  You can tell from the Republicans who opposed last night’s bill, that there is also a wide divergence of opinion on the issue.

My personal opinion is that most of the legislature, both parties, don’t have any honest understanding of how FISA (702) is used, has been used, and will likely continue to be used. While this effort at reauthorization may have failed, it’s not really a bad thing and more time for lawmakers to get educated on the core issue is always a good thing.

The root of the issue is the Fourth Amendment and ultimately the process that FISA (702) touches on, which is electronic surveillance.

The use of FISA (702) against a U.S. citizen has only been tested in one court case and that case wasn’t a great example {SEE HERE}. Only one case has ever pushed into the sphere of challenging this unconstitutional exploitation. A 2025 decision in the U.S. v. Hasbajrami case in Brooklyn, New York, where Eastern District Judge LaShann DeArcy Hall identified the misuse of FISA-702 “backdoor searches” regarding defendant, Agron Hasbajrami.

Politico has tried to make the FISA (702) reauthorization an issue of division between President Trump -who supports it- and Tulsi Gabbard who supports Trump’s decision. {LINK}

DNI Tulsi Gabbard appears to have just as many reservations as us about allowing the government to search an electronic database that contains our private papers and effects without a warrant.  It is simply a Fourth Amendment concern.

At the same time, President Trump is told FISA (702) surveillance is critical for DHS, deportations, domestic terrorism intercepts and foreign intelligence use that relates to U.S. military application.  All of which is likely true because the core of the FISA (702) search issue is warrantless real-time surveillance.

The collection of data, the database itself, as well as the search functioning therein, is part of the toolbox for FISA-702 surveillance.

The historic problem is not that “authorities granted under FISA-702” were/are used to conduct surveillance; but rather the search of the NSA collection database was done, illegally and frequently, for non-authorized reasons.

The capability to conduct those search queries is maintained by justifying the need for FISA-702.

The historic searches and domestic surveillance were done by exploiting the NSA database, for a reason and purpose that is not authorized and has nothing to do with FISA-702. THAT’S THE PROBLEM.

The existence of the U.S. citizen data itself creates the opportunity to search it. The legal justification to search that database is done under the auspices of FISA-702; however, that’s not the issue. The issue is that searches of the NSA database are done by government officials and government contractors for reasons that have absolutely nothing to do with FISA-702.

As a consequence, it’s the collection that creates the problem. Not the legal process for searching it. As long as the database exists there will be unlawful intrusions into it for domestic and/or political surveillance.

If FISA-702 did not exist, the quasi-constitutional justification for the wholesale collection of U.S. citizen metadata no longer exists. It really is that simple.

There is ZERO justification for the capture of U.S. citizen data by the government. The capture itself violates the Fourth Amendment. The only way the government can justify the capture of U.S. Citizen data is if there is some quasi-constitutional or national security reason for it.

Take away “702”, and the data collection collapses; ANY “incidental” search of the database then loses any plausible legal justification. 702 is the camel’s nose under the tent.

If you remove FISA (702) from the toolbox you remove the legal authority to search the database when any American citizen data is involved.

It appears the House has given themselves two more weeks to continue trying to find a solution.

Apr 15 2026

President Trump Calls for a Clean FISA (702) Extension


Posted originally on CTH on April 14, 2026 | Sundance

My personal opinion on the FISA-702 reauthorization is well known {GO DEEP}.  However, I am not naïve enough to believe there is enough DC support to stop it. {GO DEEP} That said, I am disappointed the reauthorization will not be attached to the Save America Act as leverage.

[Via Truth Social] – “I am working very hard with our Great Speaker, Mike Johnson, along with Chairman Jim Jordan and Chairman Rick Crawford, to get a clean extension of FISA 702 through the House of Representatives this week. I am asking Republicans to UNIFY, and vote together on the test vote to bring a clean Bill to the floor. We need to stick together when this Bill comes before the House Rules Committee today to keep it CLEAN!

I was a victim of the worst and most illegal abuse of FISA in our Nation’s History, by Radical Left Lunatics, who lied to the FISA Court to spy on my 2016 Presidential Campaign in their attempt to RIG the Election in favor of Crooked Hillary Clinton. Their use of this instrument in the 2020 Presidential Election was even worse! When the Dirty Cop, James Comey, the failed Head of the FBI, went after me, he was using FISA Title I, the Domestic Collection, not FISA 702, the Foreign Collection, which needs to be extended today.

While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk that as a Citizen in order to do what is right for our Country.”

“Our Military desperately needs FISA 702, and it is one of the reasons we have had such tremendous SUCCESS on the battlefield, both in Venezuela and Iran. Since the first day of my already Historic Second Term, my Administration has worked tirelessly to ensure these FISA Reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting our sacred Civil Liberties guaranteed by our Great Constitution. With the ongoing successful Military activities against the Terrorist Iranian Regime, it is more important than ever that we remain vigilant, PROTECT our Homeland, Troops, and Diplomats stationed abroad, and maintain our ability to quickly stop bad actors seeking to cause harm to our People and our Country.

The fact is, whether you like FISA or not, it is extremely important to our Military. I have spoken to many Generals about this, and they consider it VITAL. Not one said, even tacitly, that they can do without it — especially right now with our brilliant Military Operation in Iran. Thank you for your attention to this matter!”

~President DONALD J. TRUMP

I have outlined this seemingly inevitable construct with great detail; the systems creating the surveillance state for several years; culminating in a December 2024 recap [SEE HERE] along with my position in January of 2025 [SEE HERE].  I do not like it, but I understand the arguments behind it.

Mar 20 2026

A Very Interesting Denial of FISA-702 Abuse by FBI Director Kash Patel Surrounding President Donald J Trump


Posted originally on CTH on March 19, 2026 | Sundance

During congressional testimony today, Texas Representative Dan Crenshaw, a man who is leaving congress at the end of this term having lost his primary race, took the opportunity to question FBI Director Kash Patel about FISA-702.

As most are aware the reauthorization of FISA-702 has a deadline if mid-April this year, and there is a great deal of background debate surrounding it.  Apparently, Dan Crenshaw wants to ensure the renewal is successful.

Crenshaw begins his defense by asking a very specific question to FBI Director Kash Patel about President Trump’s Crossfire Hurricane targeted and whether FISA-702 was related to that investigation.  Here it is important to remember that the NSA database was exploited in 2016 (Spygate) that ended with the Title-1 FISA warrant (Russiagate).

Both are correct in that FISA-702 was not the legal underpinning for the Carter Page FISA warrant, ultimately targeting Donald Trump.  However, conveniently omitted in the questioning is the original surveillance of the 2016 GOP candidates from November 2015 through April 2016 that did involve exploitation of the database under the justification that FISA-702 creates.  WATCH:

These are not “myths” Mr Crenshaw.  You are both correct that there is no “authority granted under 702” to conduct surveillance.  However, in 2016 conducting surveillance using 702 as a justification is what took place.

The collection of American citizen metadata does factually take place. At this point no-one denies it.

That data is then stored in a searchable database, a library of U.S. citizen data colloquially known as the “NSA database”.

Within the NSA database that metadata collection creates, there is a process to search it based on “identifiers.”

The collection of data, the database itself, as well as the search functioning therein, is part of the toolbox for FISA-702 surveillance.

The historic problem is not that “authorities granted under FISA-702” were/are used to conduct surveillance; but rather the search of the NSA collection database was done, illegally and frequently, for non-authorized reasons. The capability to conduct those search queries is maintained by justifying the need for FISA-702.

The historic searches and domestic surveillance were done by exploiting the NSA database, for a reason and purpose that is not authorized and has nothing to do with FISA-702. THAT’S THE PROBLEM.

The existence of the U.S. citizen data itself creates the opportunity to search it. The legal justification to search that database is done under the auspices of FISA-702; however, that’s not the issue. The issue is that searches of the NSA database are done by government officials and government contractors for reasons that have absolutely nothing to do with FISA-702.

As a consequence, it’s the collection that creates the problem. Not the legal process for searching it. As long as the database exists there will be unlawful intrusions into it for domestic and/or political surveillance.

If FISA-702 did not exist, the quasi-constitutional justification for the wholesale collection of U.S. citizen metadata no longer exists. It really is that simple.

There is ZERO justification for the capture of U.S. citizen data by the government. The capture itself violates the Fourth Amendment. The only way the government can justify the capture of U.S. Citizen data is if there is some quasi-constitutional or national security reason for it.

Take away “702”, and the data collection collapses; ANY “incidental” search of the database then loses any plausible legal justification. 702 is the camel’s nose under the tent.

Only one case has ever pushed into the sphere of challenging this unconstitutional exploitation. A 2025 decision in the U.S. v. Hasbajrami case in Brooklyn, New York, where Eastern District Judge LaShann DeArcy Hall identified the misuse of FISA-702 “backdoor searches” regarding defendant, Agron Hasbajrami.

Hasbajrami plead guilty to charges of attempting to provide material support to a terrorist organization, alleging that he intended to travel to the Federally Administered Tribal Area of Pakistan, where he expected to join a terrorist organization, receive training, and ultimately fight against U.S. forces and others in Afghanistan and Pakistan. However, after his guilty plea, while he is serving time in prison, prosecutors admitted some of the evidence against him came as a result of privacy violations, unlawful FISA-702 searches.

Hasbajrami sought to have the evidence against him thrown out on 4th amendment grounds (fruit of the poisoned tree) and withdraw his guilty plea. The Second Circuit Court of Appeals denied Hasbarjami’s blanket evidence suppression motion for the exclusion of all FISA Section 702 collection in his case but did not weigh in on whether the warrantless Section 702 database queries were constitutional, instead remanding the case back to Judge Hall for a review of that question.

Judge DeArchy Hall received the case again and reviewed all of the government motions against the request to suppress the evidence.  What results is a very well-constructed explanation and opinion of how FISA-702 was misused in the case [SEE 60-pg Opinion HERE].

The judge determined that U.S. government officials did factually violate the technical rules and procedures for the use of FISA-702 searches, and the DOJ should have gone to court to obtain a warrant to look at Hasbajrami’s private communication.

In essence, yes, the 4th amendment protections of Hasbajrami were violated.  However, the issue of overturning the resulting evidence becomes a matter of legal distinction.

The defendant, who admitted guilt (twice) did not claim the evidence was a result of misuse or a wrongful approach in searching the NSA’s library, from which FISA-702 search results are determined (a structural flaw in the defense motion).  Instead, the defendant filed a suppression motion on the issue of his 4th amendment rights being violated.

The judge opinion holds that the FBI’s Section 702 queries violated the Fourth Amendment; however, the court ultimately denied the defendant’s motion to suppress the resulting evidence on separate grounds.

The value in the ruling by Judge Hall, is a few fold:

First, it is an excellent review of the FISA-702 origin and all of the constitutional arguments that surround the controversial law.

Second, the ruling clearly shows that FISA-702 searches are currently being used unlawfully and continually by government officials.

Third, the ruling clearly shows how “backdoor” 702 searches are violations of the Fourth Amendment. [Albeit in this case, of no value to the argument put forth by Hasbajrami.]

[SEE CASE RULING HERE]

The ruling essentially underpins the reality that government officials are using their access to the complete library within the NSA collection and storage database to conduct searches of U.S. communication that removes the constitutional protections of the 4th amendment.

Mr Agron Hasbajrami was ensnared by this surveillance process and admitted his guilt thereafter.

However, the issue is not Hasbajrami’s intent, or even his guilt.  The issue that surrounds us is this constant surveillance state and the tens-of-millions of searches that are done on the private papers of American citizens.

In essence we have a domestic surveillance state looking for suspect people who are operating against the interests of government.

Mr. Hasbajrami was caught wanting to join a terrorist organization.  However, as we have witnessed in the cold and brutal reality of the J6 roundup, a “terrorist organization” may well be defined as your local “patriot group” or “parent’s advisory committee.”

Back to Patel’s testimony.  By obfuscating the use of FISA-702 in Crossfire Hurricane, Patel is focusing on the Title-1 surveillance warrant that created “Russiagate” and entirely ignoring the targeting of Donald Trump that took place in 2015 and 2016 through the contractor exploitation of the NSA database; that’s “Spygate.”

Patel and Crenshaw, much like the entire DC apparatus, need to ignore the Obama-era surveillance system, the political exploitation of the NSA database, in order to ensure they can hang onto the FISA-702 tool.

If the general public realized all of their data was stored on searchable government databases, they would likely reject it.  However, the rejection of the data storage would eliminate the ability to search it under the sketchy justification of 702.

Jan 31 2026

Senate Intelligence Committee Demand Answers About DNI Tulsi Gabbard’s Ongoing Reviews of Govt Activity


Posted originally on CTH on January 30, 2026 | Sundance

Apparently, the Senate and House intelligence committees are very concerned about what Director of National Intelligence Tulsi Gabbard is doing. Almost every tweet from Senator Mark Warner in the past 48 hours has been about DNI Tulsi Gabbard.

What seems to worry them the most is that they don’t know exactly what she is doing.  Triggered by Senate Select Committee on Intelligence (SSCI) Vice-Chairman Mark Warner, the Democrats are now demanding Director Gabbard tell them her intentions and her itinerary so they can monitor her activity.  Tulsi Gabbard continues to review internal government activity without consulting them.

[SOURCE]

“Director Gabbard recognizes that election security is essential for the integrity of our republic and our nation’s security. As DNI, she has a vital role in identifying vulnerabilities in our critical infrastructure and protecting against exploitation,” a DNI spokesperson noted. “We know through intelligence and public reporting that electronic voting systems have been and are vulnerable to exploitation. President Trump’s directive to secure our elections was clear, and DNI Gabbard has and will continue to take actions within her authorities, alongside our interagency partners, to support ensuring the integrity of our elections,” the DNI spokesperson said.

Thursday evening while attending the premier of ‘Melania’ at the Kennedy Center, President Trump said, “you’re going to see some interesting things happening. They’ve been trying to get there for a long time.”

According to the Wall Street Journal:

[…] “[Tulsi Gabbard] has begun studying information about voting machines, analyzed data from swing states and pursued theories that President Trump has promoted to claim the 2020 election was unfairly taken from him, the officials said, particularly on foreign government interference.

She has regularly briefed Trump and chief of staff Susie Wiles about her inquiry in recent months along with others involved in the investigation. Those include senior Justice Department officials, Trump’s outside ally and lawyer Cleta Mitchell and Kurt Olsen, a lawyer who pushed claims in 2020 that the election was stolen and joined the administration as a special government employee.

Gabbard has consulted with others in the intelligence community about claims of foreign interference in the 2020 election, the officials said, though she hasn’t provided the public with new evidence of it.

She is expected to prepare a report on her work, the people said. The administration has discussed executive orders on voting ahead of the midterm elections, two of the officials said. 

[…] Democrats criticized Gabbard’s election effort. “Either Director Gabbard believes there was a legitimate foreign intelligence nexus—in which case she is in clear violation of her obligation under the law to keep the intelligence committees ‘fully and currently informed’ of relevant national security concerns—or she is once again demonstrating her utter lack of fitness for the office,” said Sen. Mark Warner, the top Democrat on the intelligence committee. (more – paywall)

There are a lot of interconnected aspects to all of this, many circle around the Intelligence Community’s prior and current involvement in various operations against the interests of the Office of the President.

As noted by Paul Sperry: “In a letter, ex-CIA chief John Brennan’s lawyer said his client has “complied” w/ a fed grand jury subpoena seeking, among other things, materials related to his role in creation of the Obama-ordered ICA on Russia + Trump covering the period from July 1, 2016 to Feb 28, 2017.” 

Most people are not aware how the 2016/2017 CIA work product known as the Intelligence Community Assessment (ICA) ties directly into the 2019 impeachment effort against President Trump for the Ukraine phone call with President Volodymyr Zelenskyy.

A key architect of the 2017 ICA was a CIA analyst on Russian issues named Eric Ciaramella. The anonymous CIA whistleblower who facilitated the 2019 impeachment effort was the same Eric Ciaramella.

DNI Tulsi Gabbard previously released information showing how the 2017 ICA was fraudulently constructed, and now DNI Gabbard has reviewed the transcribed testimony of former Intelligence Community Inspector General Michael Atkinson, where he described how he gained authority to change the CIA rules to permit Ciaramella to remain anonymous in 2019.  All of this ties together.

[VIA Politico] – […] Sen. Mark Warner, (D-Va.), the top Democrat on the Senate Intelligence Committee, argued on X Wednesday that there “are only two explanations” for Gabbard’s presence in the raid.

“Either Director Gabbard believes there was a legitimate foreign intelligence nexus — in which case she is in clear violation of her obligation under the law to keep the intelligence committees ‘fully and currently informed’ of relevant national security concerns — or she is once again demonstrating her utter lack of fitness for the office that she holds by injecting the nonpartisan intelligence community she is supposed to be leading into a domestic political stunt designed to legitimize conspiracy theories that undermine our democracy,” he wrote.

Warner and House Intelligence Committee Ranking Member Rep. Jim Himes (D-Conn.) wrote to Gabbard Thursday to request briefings for both panels about the legal basis, scope, and justification of her participation in the raid. (more)

DNI Tulsi Gabbard continues to work on behalf of the American people; that seems to have triggered Senator Mark Warner.

The need for control is a reaction to fear.

ps. We have not heard much about the 2026 FISA-702 reauthorization, yet.

Dec 12 2025

President Trump Grants Tina Peters Pardon, However State Officials Call Pardon Invalid


Posted originally on CTH on December 11, 2025 | Sundance 

Tina Peters is a gold star mom who was a former Mesa County, Colorado, clerk during the 2020 election.

Mrs Peters, age 70, is serving a nine-year prison sentence in Colorado state prison after her politically motivated conviction for attempting to influence a public servant and criminal impersonation for aiding an unauthorized person in copying voting-machine hard-drive data during a 2021 software update.

Mrs. Peters and her lawyers have repeatedly stated she was attempting to preserve evidence of false voter data in the Colorado 2020 election. The judge who sentenced Peters stated she had white “privilege” in delivering the exceptionally harsh sentence.

Today President Trump pardoned Tina Peters, but state officials and Colorado Governor Jared Polis say the pardon is invalid because Mrs. Peters was convicted of a state crime, out of the reach of a presidential pardon.

PRESIDENT TRUMP – “For years, Democrats ignored Violent and Vicious Crime of all shapes, sizes, colors, and types. Violent Criminals who should have been locked up were allowed to attack again. Democrats were also far too happy to let in the worst from the worst countries so they could rip off American Taxpayers. Democrats only think there is one crime – Not voting for them!

Instead of protecting Americans and their Tax Dollars, Democrats chose instead to prosecute anyone they can find that wanted Safe and Secure Elections. Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest. Tina is sitting in a Colorado prison for the “crime” of demanding Honest Elections. Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!” (read more)

Unfortunately, Colorado Governor Jared Polis is extremely opposed to President Trump and anything he represents, immediately rejecting the pardon [SOURCE] and confirming that Mrs Peters will remain in state prison.

Dec 2 2025

Pretending Not to Know Things, Continues


Posted originally on CTH on December 1, 2025 | Sundance

Washington DC continues pretending they do not know things.  It is insufferable and frustrating.  However, they are blind to the reality that a large segment of the American population is aware of the issues and understand the position of Republicans is not part of some mistake or flaw; it is a feature of their intent.

Elise Stefanik notes: “Republicans have the House, Senate, and the White House, yet the deep state is alive and well with the Speaker getting rolled by House Dems attempting to block my provision to require Congressional disclosure when the FBI opens counterintelligence investigations into presidential and federal candidates seeking office.

In a March 2017 open hearing, my questions to former FBI Director James Comey began the unraveling of the Russia Hoax when Comey admitted to not following proper notification procedures with his illegal opening of Crossfire Hurricane. A criminal act that can never happen again.

My provision will strengthen this accountability and transparency to deter this illegal weaponization and it passed out of the House Intelligence Committee in this Congress and previous ones. Yet House Republicans continue to get rolled by the deep state due to opposition by Jamie Raskin.

If Republicans can’t deliver accountability and legislative fixes to arguably the biggest illegal corruption and government weaponization issue of all time, then what are we even doing.

This language is even more essential in light of the continued weaponization of the federal government evidenced by the sweeping Arctic Frost wiretapping scandal and the recent illegal leaks of Steve Witkoff’s conversations with foreign counterparts.

Unless this provision is added back into the bill to prevent illegal political weaponization of the intelligence community in our elections, I am a HARD NO. I have always voted in support of the defense and intelligence authorization bills, but no more.

It is a scandalous disgrace that Republicans are allowing themselves to be rolled by the Dems and deep state on this.”  (more)

Republicans are not getting “rolled”, and Mrs. Stefanik knows this.

It’s all so performative, and ‘we the people‘ can see the strings.

This is factually a very dangerous situation, because the abused are now numb to the patterns and consequences of the abusers.  The abuser has not yet noticed.

Once the abuser catches on to the audience rolling their eyes and laughing at them, that creates a sense of humiliation directly in the psyche of the abuser…. Things get really ugly.

Nov 20 2025

House Votes Unanimously to Reverse Surveillance Payments to Senators


Posted originally on CTH on November 20, 2025 | Sundance

As noted last week, the Senate included a provision in the government reopening bill to allow Republican Senators to sue the DOJ and data providers who comply with subpoenas for senator’s telephone and email records.

Nine senators who previously were targeted by Jack Smith and Arctic Frost subpoenas likely stand to make millions from lawsuits under the legislation.

In the latest round of DC pretending, the House voted 426-0 to repeal that specific law and terminate the Senate payday.  Is the Senate going to take up the bill, of course not.  However, the House now has another useless talking point (strong in the pearl clutching is this one) to campaign and fundraise with.

House members are great actors, very upset – very, and their level of pretense is excellent on this repeal bill. The unanimous vote really gives both wings of the uniparty, that reach across the aisle, a selling feature for the next election.

WASHINGTON DC – The House unanimously voted 426-0 Wednesday night to claw back language in last week’s government funding bill that could award some GOP senators hundreds of thousands of dollars in damages for having their phone records unknowingly obtained by former special counsel Jack Smith.

The language, which was quietly slipped into the shutdown-ending package last week by Senate Majority Leader John Thune, drove bipartisan outrage in the House. Even outspoken critics of Smith — including House Judiciary Committee Chair Jim Jordan (R-Ohio), who is leading an investigation into the Biden-era probe — supported the effort to repeal a politically toxic measure that was quickly branded as a taxpayer-funded windfall for a select few.

“That policy, in my opinion — in the opinion I think of all the members of this institution — is unacceptable,” said House Administration Committee chair Bryan Steil (R-Wis.), during floor debate. “No one should be able to enrich themselves because the federal government wronged them, no elected official should be able to.”

The provision would allow senators to sue the federal government for $500,000 or more if their electronic data was subpoenaed without proper notification. But there are concerns over the language’s retroactivity — which would extend protections to at least eight Republican senators whose records were obtained as part of Smith’s investigation into Donald Trump’s attempts to subvert the 2020 election results.

There are no guarantees the bill to repeal the language will get a vote in the Senate. (read more)

Nov 18 2025

Magistrate Judge Positions Case Against James Comey for Almost Certain Dismissal


Posted originally on CTH on November 17, 2025 | Sundance

At this point, anyone who is left thinking James Comey will stand trial in DC is just pretending for their own agenda.  Unfortunately, the dismissal of the case against him is a foregone conclusion.

The DOJ Lawfare embeds purposefully dragged their heels toward the statute of limitations, AG Pam Bondi didn’t respond fast enough to the institutional stonewalling, and that set up Lindsey Halligan for an almost impossible task.

[SOURCE]

Former FBI Director James Comey was leaking information to the media through his friend and FBI Special Government Employee Daniel Richman. When Comey was fired in May 2017, he knew what his risks were. Comey hired Daniel Richman as his personal lawyer and legal counsel. Comey knew this would make targeting him for leaking to media more difficult.

Last month U.S. District Judge Michael Nachmanoff, the Biden appointee overseeing the criminal case against Comey, assigned magistrate judge William Fitzpatrick to review the issues surrounding potential violations of attorney-client privilege within the indictment.

Today Magistrate Judge William Fitzpatrick sides with the Comey defense and blasts the prosecution for violating attorney-client privilege. [SEE RULING HERE] In addition, Judge Fitzpatrick instructs the prosecution, Lindsey Halligan, to give the defense team all of the evidence used in the grand jury indictment.

Fitzpatrick is setting the stage to dismiss the charges. There’s zero doubt about it when you read the 24-page order.

It’s enough to make you blow a blood pressure cuff when you see a judge upholding the Fourth Amendment argument on James Comey’s behalf, considering the blatant Fourth Amendment violations that Comey conspired to violate within his fraudulent investigations of Carter Page and President Trump.

Seriously though, don’t waste any hopium on this case, and expect the judge to require the government to pay all of Comey’s legal fees.

We read enough of this stuff to see a Lawfare set up when it is visible.  The Lawfare crew has this case easily won. Judge Fitzpatrick gives the defense eleven points of process with which to file a motion to dismiss.

[COURT ORDER] – First, the facts establish a reasonable basis for the defense to challenge whether the Richman Warrants were executed in a manner consistent with the Fourth Amendment and the orders of the issuing court.

Second, the facts establish a reasonable basis for the defense to challenge whether the government exceeded the scope of the Richman Warrants in 2019 and 2020 by seizing and preserving information that was beyond the scope of the warrants, that is, information that did not constitute evidence of violations of either 18 U.S.C. § 641 or § 793.

Third, the facts establish a reasonable basis for the defense to challenge whether the government had the lawful authority to search the Richman materials anew in 2025.

Fourth, the facts establish a reasonable basis for the defense to challenge whether the government’s 2025 seizure of the Richman materials included information beyond the scope of the original warrants.

Fifth, the nature and circumstances surrounding the government’s potential violations of the Fourth Amendment and court orders establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law.

Sixth, the facts provide a reasonable basis for the defense to show that they were prejudiced by the government’s use of the Richman materials in the grand jury, particularly if the government’s conduct was willful or reckless, given the centrality of these materials to the government’s presentation.

Seventh, the facts establish a reasonable basis for the defense to challenge whether the government took sufficient steps to avoid the collection and review of privileged materials, including the reasons why Mr. Comey was never afforded the opportunity to assert a privilege over his communications until after the indictment was obtained.

Eighth, the facts establish a reasonable basis for the defense to challenge whether privileged information was used, directly or indirectly, by the government to prepare and present its grand jury presentation. This is particularly troublesome because the government’s sole witness before the grand jury was exposed to a “limited overview” of privileged material shortly before he testified.

Ninth, the nature and circumstances surrounding the disclosure of potentially privileged information establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law. This is particularly significant because Agent-3, after having been exposed to potentially privileged information, chose to testify before the grand jury rather than separate himself from the investigation to contain any further exposure to privileged information and limit any prejudice to Mr. Comey.

Tenth, as discussed in Section IV above the prosecutor made statements to the grand jurors that could reasonably form the basis for the defense to challenge whether the grand jury proceedings were infected with constitutional error.

Eleventh, the grand jury transcript and recording likely do not reflect the full proceedings because, although it is clear that a second indictment was prepared and presented to the grand jury (ECF 3), the transcript and audio recording of the proceedings do not reflect any further communications after the grand jury began deliberating on the first indictment.

Collectively, the facts set forth herein and the particularized findings of the Court establish that “ground[s] may exist to dismiss the indictment because of a matter that occurred before the grand jury[.]” Rule 6(e)(3)(E)(ii). [more]

There are two tiers of justice.  The legal system is as rigged as the intelligence system.

It’s not Halligan’s fault; she tried.

Nov 13 2025

Representative Austin Scott (GA) Blasts Senate Republicans for Paying Themselves Millions in Retroactive Penalties Within Hidden Clause in CR Bill


Posted originally on CTH on November 12, 2025 | Sundance 

Buried on page 217 of the Senate Continuing Resolution Bill [TEXT HERE], Republican Senators have inserted legislation to “retroactively” pay themselves $500,000 each for every line of communication, telephone record, email or other electronic communication, subpoenaed by the Jack Smith Special Counsel during the Arctic Frost investigation.

The payment is a penalty for retroactive subpoenas going back to January 1, 2022. The payment is at least $500,000 per phone line or email account. That means each Republican Senator is going to make millions from the subpoenas that Jack Smith previously used.

House Representative Austin Scott is not happy the Republican Senators slipped this into the bill. WATCH:

The Bill Text is Available Here – Starting on Page 217

[SOURCE pdf]

Nov 11 2025

Republican Senators Include Provision in Shutdown Bill That DOJ Cannot Subpoena Senators Phone Records – You/Me, No Such Protection


Posted originally on CTH on November 10, 2025 | Sundance 

This is so perfectly Republican.

Republican senators have slipped a provision into the Continuing Resolution bill to re-open government, that forbids the DOJ or Judicial branch from subpoenas targeting their phone records.  The Senate will be protected from abuses to the 4th amendment, but you and me – no such luck.

Additionally, as further evidence to the structural priorities of the professional Republicans, if the legislative provision is violated, each instance of violation will result in a $500,000 payment to the senator.  Go figure.

WASHINGTON DC – Senate Republicans secured a provision in the bipartisan, shutdown-ending government funding package that could award senators hundreds of thousands of dollars for having their phone records collected without their knowledge as part of a Biden-era investigation.

[…] It was tucked into the legislative branch spending measure for fiscal year 2026, part of a three-bill “minibus” of appropriations measures that Senators were set to vote on Monday night alongside a continuing resolution to fund the government through Jan. 30. The House is expected to clear the package for President Donald Trump’s signature as early as Wednesday.

[…] The provision states that electronic services providers must notify a Senate office if the provider receives a request to disclose the data from that senator, or senator’s office. Moreover, the legislative language stipulates that the provider cannot be barred from notifying the senate office under a court order, though that notification may be delayed in the event the senator in question is under criminal investigation.

[…] This portion of the legislative branch appropriations bill also appears to provide a cash bonus for those Senators who were targeted by Smith’s probe. If the provision included in the bill is violated, the Senator can sue the federal government, and if the lawmaker succeeds in the case, the person will be awarded $500,000 or more for each violation by the government. (read more)

Don’t forget, in the last FISA-702 reauthorization, Congress also forbade any member of the legislative branch from being subject to the illegal use of the NSA surveillance system.

Congress is exempt from the FISA abuse they authorize on Americans, and Congress is exempt from subpoenas against their phone records that are authorized against Americans.

Seriously folks, we just cannot make this stuff up.