In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.  The American people want it scrapped, or, at a minimum strongly revised. Congress is trying to hide the FISA renewal within the Coronavirus appropriations bill.

According to media reporting, Rand Paul said he talked to President Trump yesterday, and President Trump does not support a “clean renewal” of the FISA authorities that were used against him and his campaign:

WASHINGTON – President Donald Trump told Sen. Rand Paul that he does not support a clean extension of expiring surveillance authorities, throwing the future of the program into doubt ahead of a fast-approaching March 15 deadline to re-up key features of the Patriot Act.

The Kentucky Republican told reporters that Trump made the comments to him on Wednesday, just a day after Attorney General William Barr told GOP senators that Congress should extend the expiring provisions regarding roving wire taps, lone wolf actors and the most controversial provision: call data collection.

Asked about the discrepancy between his conversation with Trump and Barr’s remarks to senators, Paul said there was “misinformation that got out from some people in the administration” about the expiring surveillance authorities.

“The president was out of the country and somebody mischaracterized his positions. I’ll leave it up to y’all to figure that out,” Paul added.

Paul said Trump is “very supportive” of his amendment to prevent the Foreign Intelligence Surveillance Act from targeting Americans, a reflection of conservative unease over the way the Trump campaign was surveilled in 2016.

“FISA warrants should not be issued against Americans,” Paul said on Thursday afternoon. “Americans shouldn’t be spied on by a secret court. I think he agrees completely with that and that’s the amendment that I’m going to insist on. I’m not letting anything go easy without a vote on my amendment.”

Paul’s conversation with Trump could blow up plans by Senate Majority Leader Mitch McConnell (R-Ky.) to extend those expiring authorities, which McConnell said was his preference on Tuesday. (read more)

Yesterday CTH warned of a scenario where congress would attempt to slip a clean renewal authorization into the Coronavirus appropriations bill.   Today, that exact scenario was being discussed on Capitol Hill.

Following the conversation with President Trump, Senator Rand Paul is planning to propose legislation that would force reform to the current FISA authorities.

While CTH disagrees with the Rand Paul proposal, and would rather see the bulk data gathering/collection and opportunities for exploitation eliminated, at least Senator Paul is attempting to stop the system from being abused against political campaigns. WATCH:

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Two issues…. and again CTH is not attempting to dismiss the righteous effort by Senator Paul… However:

(A) Isn’t it already illegal, unlawful, unconstitutional and grossly corrupt, to use FISA as a political surveillance tool? If so, why do we need another law or rule change to make it more illegal, more unlawful and more grossly corrupt?

(B) Why do only elected officials or candidates for office get protection from having their fourth amendment rights violated by exploitation of the FISA courts? Shouldn’t the same standard of protection apply to everyone?

CTH understands what Rand Paul is attempting to do, but it’s the FISA process being used against *any* American that is the problem. No American should have their constitutional rights travel through a secret court in order to usurp them. Let FISA apply to “non Americans”; and if there is a need for surveillance or collection of information on Americans, then let the government approach regular Title-3 courts for domestic warrants.

Lastly, with all of this taking place it appears Senator McConnell went to see President Trump today about this issue.

Prior to the December 9, 2019, inspector general report on FISA abuse, FISA Court judges Rosemary Collyer (declassified 2017) and James Boasberg (declassified 2019) both identified issues with the NSA bulk database collection program being exploited for unauthorized reasons. For the past several years no corrective action taken by the intelligence community has improved the abuses outlined by the FISA court.

Keep in mind the deadline for the DOJ to respond to the FISA court about the abusive intelligence practices identified in the Horowitz report was February 5th, more than two weeks ago. The responses from the DOJ and FBI have not been made public.

FISA Court Order – FISA Court Notice of Extension.

It appears the DOJ is trying to get the FISA reauthorization passed before the FISC declassifies the corrective action outlined from the prior court order. This response would also include information about the “sequestering” of evidence gathered as a result of the now admitted fraudulent and misrepresented information within the FISA applications.

The FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], again all parts of the Patriot Act, must not be reauthorized without a full public vetting of the abuses that have taken place for the past several years.

At a minimum the pending DOJ/FBI response to the FISA court needs to be made public prior to any reauthorization by congress. And to better understand the scale of the issue, the consequences when the system is abused, the upstream sequester material needs to be made public.

Let the American public see what investigative evidence was unlawfully gathered, and let us see who and what was exposed by the fraudulently obtained FISA warrants. At a minimum congress and the American people need to understand the scale of what can happen when the system is wrong – BEFORE that exact same system is reauthorized.

Declassification of existing records would reveal the November 2015 through April 2016 FISA-702 search query abuse as outlined in the April 2017 court opinion written by FISC Presiding Judge Rosemary Collyer.  Who exactly are these private sector FBI contractors behind the 85% fraudulent search queries?  This was a weaponized surveillance and domestic political spying operation. [The trail was laid down in specific detail by Judge Collyer – SEE HERE]

The U.S. constitution’s fourth amendment is being violated by the continued abuse of bulk metadata collection, particularly when private contractors and government officials illegally access the system.  The 2016 FISA review (party declassified in 2017) and the 2018 FISA review (party declassified in 2019) both show ongoing and systematic wrongdoing despite all prior corrective action and promises.

This needs to be stopped.

Previously Chairman Lindsey Graham promised to hold public hearings on reforms needed to the FISA process prior to any reauthorization vote.  However, with two weeks remaining until current FISA authorization expires the Senate Judiciary Committee has yet to hold a single hearing, and the senate calendar is empty.

In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

The Senate is scheduled to go back into recess on March 13th.  Additionally, the DOJ/FBI response to the FISA court order (due February 5th) has still not been made public.  At a minimum the DOJ/FBI response to the FISA court needs to be made public prior to any reauthorization by congress; and to better understand the scale of the issue, an explanation of the the DOJ/FBI sequestered evidence needs to be made public.

Representatives requesting FISA reform prior to renewal include: Mark Meadows, Jim Jordan, Doug Collins, Jody Rice, Devin Nunes and Steve Scalise.  Additionally, Senator Mike Lee and Senator Rand Paul are trying to force reform or let the current version expire.  However, Lindsey Graham and Mitch McConnell, along with AG Bill Barr, want a clean FISA renewal without public hearings….

Earlier today Dr. Nancy Messonnier, an official in the Centers for Disease Control (CDC), held a conference call with media and pushed a panic narrative around the Coronvirus that ran counter to the Trump administration.

What makes the statements by Dr. Messonnier even more interesting is the fact she is the only sister of former DOJ Deputy Attorney General Rod Rosenstein.

Dr. Messonnier, director of the CDC’s National Center for Immunization and Respiratory Diseases (link) told reporters on the call:

“We are asking the American public to work with us to prepare for the expectation that this could be bad.” … “I understand this whole situation may seem overwhelming and that disruption to everyday life may be severe. But these are things that people need to start thinking about now.” (link)

The alarming message from Dr. Messonnier was quickly picked up by most major news organizations and pushed into all reporting on the issue.  The tone of the alarm is also counter to the message of the Trump administration and HHS Secretary Alex Azar, as outlined in a press conference with leadership from U.S. Health and Human Services.

[NYT LINK]

As you can see, it is the statements by Dr. Messonnier and not HHS Secretary Alex Azar that are driving the media narrative.

Considering the interests of the issue(s); and considering what lessons we have learned over the past three years about the severity of opposition to the Trump administration writ large; and considering the known actions and inherent ideology already identified within the behavior of Mr. Rosenstein; weaponizing the political value of Coronavirus as an economic contagion to undermine President Trump is not easily dismissed….

….After all, there are trillions at stake.

Take this one step further…

Now, evaluate the panicked declarations from Dr. Messonnier, Rod Rosenstein’s sister, against the public briefing delivered today by HHS Secretary Alex Azar Health, CDC Principal Deputy Director Anne Schuchat and National Institute of Allergy and Infections Diseases Anthony Fauci, as they brief reporters on the current state of the coronavirus and ongoing efforts to combat the spread.  WATCH: (prompted just hit play)

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The CDC confirms there are 53 cases known in the U.S.  Forty cases came from passengers repatriated from the Diamond Princess cruise ship that was quarantined off the coast of Japan.  HHS confirms 36 of the cases are directly attributed to the cruise ship, three patients were infected in Wuhan and later evacuated to the U.S., and the rest were U.S. persons infected while traveling overseas prior to the January 31st travel ban.

However, it was the alarming telephone conference call from Dr. Messonnier, Rod Rosenstein’s sister, that the media chose to focus on.

There is a strong argument to be made that various resistance government officials like Dr. Messonnier, in alignment with democrat resistance politicians, are attempting to weaponize fear and talking-points about the coronavirus in order to inflict maximum damage upon the Trump administration; regardless of both psychological and actual economic impact to the public.

To give a perspective on the way Dr. Messonnier’s message is being expanded, just watch the first 30 seconds of this CNBC interview with Larry Kudlow.

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Food for thought