Oh My, Interesting Ramifications – FISA Court Requires DOJ/FBI To Provide Names of Targets Within Corrupt Surveillance Applications…


Things are getting interesting, potential ramifications are growing, as the FISA Court responds to the latest information from the DOJ Office of Inspector General (OIG).

After a review of 29 FISA applications, from eight FBI field offices, the OIG informed the FBI and DOJ that none of the surveillance applications were compliant with the Woods procedures. Meaning zero applications had FBI evidence to support the validity of the claims within the FISA warrants.  That’s a very big problem if those FISA warrants were used to gather evidence used to prosecute the 29 targets of the applications.

In a FISC order released today [pdf here] presiding Judge James Boasberg is ordering the FBI to identify who those targets were; and asking the DOJ to explain what they did with the evidence gathered as a result of the fraudulently obtained FISA warrants.  Big.

[pdf here]

If evidence obtained by execution of a fraudulently obtained warrant was used in the prosecution of any of those targets; there’s a possibility those cases will be reopened.

Considering the twenty nine applications from the OIG go back to 2015, there’s a lot of potential for some downstream consequences not only for those 29 applications, but also for all FBI FISA applications with a similar level of neglect.

In the issue of the Carter Page application the DOJ and FBI were already looking into how far the ripple effects carried.  The FBI was already undertaking a ‘sequestration effort’ to identify the fruit of the poisonous tree; and the results are still unknown.

This order from Judge Boasberg essentially expands that type of review upon another 29 applications and demands the DOJ identify to the court who were the targets.  The court can then, on their own, look and see if any of those U.S. persons were prosecuted in court.

This is a hot mess…. And it is far from over.

You can read Boasberg’s order HERE.

BACKSTORY – The OIG began reviewing FISA applications from eight field offices (the proverbial “rank and file”). The OIG selected 29 FISA applications from those field offices over the period of October 2014 to September 2019. Additionally, every field office and the DOJ-NSD generate internal “Accuracy Reviews”, or self-checks on FISA applications; so the OIG inspected 42 of the accuracy review FISA files to determine if they were compliant.

The results were so bad the IG produced an interim memorandum to the DOJ and FBI [pdf link here]. Within the 17-page-memo the IG notifies Attorney General Bill Barr and FBI Director Chris Wray that all of the claimed FISA processes, in every field office, are grossly deficient, and in most cases there is zero compliance with FISA standards. The IG memorandum is presented before the IG even looks at the specifics of the non-compliance.

Below is the report/memorandum. Additionally I am summarizing the stunning top-lines identified by the IG memo:

  • The IG reviewed 29 FISA applications, surveillance warrants, used against U.S. persons.
  • The 29 FISA applications were from eight different field offices.
  • The FISA applications were from Oct/2014 through Sept/2019.
  • All of the FISA applications reviewed were approved by the FISA court.

The ‘Woods File’ is the mandatory FBI evidence file that contains the documentary proof to verify all statements against U.S. persons that are contained in the FISA application. Remember, this is a secret court, the FISA applications result in secret surveillance and wiretaps against U.S. persons outside the fourth amendment.

♦ Within the 29 FISA applications reviewed, four were completely missing the Woods File. Meaning there was zero supportive evidence for any of the FBI claims against U.S. persons underpinning the FISA application. [ie. The FBI just made stuff up]

♦ Of the remaining 25 FISA applications, 100% of them, all of them, were materially deficient on the woods file requirement; and the average number of deficiencies per file was 20. Meaning an average of twenty direct statements against the target, supporting the purpose of the FISA application, sworn by the FBI affiant, were unsubstantiated. [The low was 5, the high was 63, the average per file was 20]

♦ Half of the FISA applications reviewed used Confidential Human Sources (CHS’s). The memo outlines that “many” of applications containing CHS claims had no supportive documentation attesting to the dependability of the CHS.

♦ Two of the 25 FISA applications reviewed had renewals; meaning the FISA applications were renewed to extended surveillance, wiretaps, etc. beyond the initial 90-days. None of the renewals had any re-verification. Both FISAs that used renewals were not compliant.

But wait… it gets worse.

The DOJ and FBI have an internal self-check mechanism. The DOJ National Security Division (DOJ-NSD) chief counsel, and the chief counsel for every FBI field office are required to conduct an “Accuracy Review” of selected FISA applications. One per field office (25 to 30 field offices),which are also sent to DOJ-NSD (main justice) for general counsel inspection.

Keep in mind, these “accuracy reviews” are known in advance, so the FBI has all the time in the world to select the best FISA file for review. Additionally, I surmise the OIG wanted to inspect the “accuracy review” FISA’s because they would show the best light on the overall system itself. The OIG was looking for the best, most compliant, product to report on.

However, when the OIG inspected 42 of these Accuracy Reviews, the IG identified that only three of them had accurately assembled documents (Woods File) supporting the application. The error rate within the files self-checked was over 93%.

So the best FBI files are selected to undergo the FBI and DOJ-NSD accuracy review. The accuracy review takes place by FBI legal counsel and DOJ-NSD legal counsel. However, the IG finds that only three FBI applications in the accuracy reviews were compliant.

The error rate in the files undertaken by the internal accuracy review was over 93% (3 compliant out of 42 reviewed). These were the FISA files with the greatest possibility of being accurate. Let that sink in…

Here’s the OIG Report/Memorandum:

DOJ Drops Rosenstein and Mueller’s Nonsense Case Against Russian Company Concord LLC…


Almost everyone who researched the substance behind Rod Rosenstein and Robert Mueller’s heavily promoted Russian indictments knew the underlying claims were centered on the thinnest of evidence.

A few Facebook memes were used to accuse Russian company Concord LLC of violating FARA and FEC election laws.

In July,2018, Robert Mueller asked a federal judge in Washington for an order that would protect the handover of voluminous evidence to lawyers for Concord Management and Consulting LLC, one of three companies and 13 Russian nationals charged in a February 2018 indictment. They are accused of producing propaganda, posing as U.S. activists and posting political content on social media as so-called trolls to encourage strife in the U.S.

Indeed, to an incurious media, a Russian catering company posting Facebook memes might sound like a good justification for a vast Russian election interference prosecution; however, when Concord & the accused Russians show up in court and request to see the evidence against them, well, the prosecutors might just have a problem.  It’s that problem that dogged the Mueller prosecution since 2018.   Today, predictably and finally, the DOJ dropped the nonsense case (full pdf below):

Here’s the Full Filing:

.

The prosecution was always just a farce.  The ridiculous Russian indictments were only created to give some sense of validity to a premise that did not exist; and to allow the Robert Mueller investigation to continue operating when there was never a valid justification for doing so.

This was perhaps the biggest shell game operation, with a non-existent pea, using the DOJ and FBI to give the impression that something nefarious had happened; when factually the ‘Russian Conspiracy Narrative’ was all just one big hoax upon the American people.

The purpose of Robert Mueller was to create something, find anything, that would lead to their political allies being able to remove a sitting president.  Deputy AG Rod Rosenstein participated in that hoax for those intents….

This purposeful fraud has yet to be addressed.

Techno Fog@Techno_Fog

Wow.

The DOJ moves to dismiss the charges against the Russian Company (Concord) who conducted the alleged “information warfare against the US”

The troll case will be dismissed w/ prejudice.

How embarrassing for Team Mueller.

View image on TwitterView image on Twitter

Techno Fog@Techno_Fog

You can read the full Motion here:https://www.scribd.com/document/451950605/US-v-Concord 

This case has been quite entertaining. Concord attorney Eric Dubelier has, at time, run circles around Special Counsel and DOJ lawyers.

Starting with his claim that the DOJ “indicted the proverbial ham sandwich.”

View image on Twitter
861 people are talking about this

Techno Fog@Techno_Fog

Because it’s quarantine time, here are Dubelier’s greatest hits in the Concord case.

In which Dubelier calls Special Counsel Jeannie Rhee a liar.

View image on TwitterView image on Twitter

Techno Fog@Techno_Fog

Concord lawyer Dubelier returns the Concord summons to Special Counsel Rhee because it doesn’t comply with the Federal Rules.

Dubelier: I find it disturbing that “you are already behaving in a manner that is inconsistent with the practices of the DOJ”

View image on TwitterView image on Twitter
555 people are talking about this

Techno Fog@Techno_Fog

Sidebar: the Concord case was EXCEEDINGLY dangerous because the DOJ twisted the law to fit these defendants.

The alleged illegal activities: Concord interfered with the FEC’s ability to determine whether “statutes were violated.”

View image on Twitter

Techno Fog@Techno_Fog

Anyway, what was some of the illegal activity?

Bad memes posted by fake Facebook user “Bertha Malone”

View image on TwitterView image on Twitter
464 people are talking about this

Techno Fog@Techno_Fog

Concord lawyer Dubelier never let up.

From a 10/2018 hearing: “The real Department of Justice” never would have brought this case.

View image on Twitter

Techno Fog@Techno_Fog

Mocking Mueller’s legal theories (partially via Tweetie Bird):

“‘Give a man enough rope and he will hang himself,’ the Special Counsel just did so.”

View image on Twitter
837 people are talking about this

NEC Director Larry Kudlow Discusses Economic Impact of Coronavirus…


National Economic Council Director Larry Kudlow discusses what economic options the U.S. government has to mitigate and assist businesses and individuals dealing with the financial impacts of coronavirus.

.

Note to Mr. Kudlow: Do not trust Dr. Anthony Fauci.

Fauci is a purposeful panic seller. His goals are not the administrations goals.

The Blame Game Trump vs Xi Jinping


Communists consider religion to be the opiate of the masses. Both the Soviet Union and communist China have oppressed the religious. Bernie Sanders promises action against Christians, whom he calls ‘religious bigots.’

Most communists do not believe in God. Their god is the ‘state.’ The state can do no wrong—it is both omniscient and omnipotent. It is perfect and incapable of mistakes. Heretics who doubt communism can face gulags or a bullet in the back of the head. In China, Mao starved millions of his own citizens for the good of the state. Nowadays, Chinese dissidents might even face having their organs ripped out of them. The state feels no guilt about any of this. After all, they consider humans to be data at best and at worst mere blobs of matter who are there to carry out the will of the state. The citizens must also pretend to be happy about it.

The problem with the perfect state of communism is the lies. The Soviet Union lied about nuclear technology and that led to the Chernobyl disaster. The current Chinese Communists are lying about the release of a bioweapon from one of their labs in Wuhan. The ChiComs must present themselves as incapable of error, so they’re now blaming the United States military for the virus. The ChiComs consider themselves to be perfect, therefore they will never admit a mistake. They never accept blame. Being wrong is a sign of weakness.

President Trump realized the United States has been wrong about trade with China. The US has become far too dependent on China for pharmaceuticals, for example. The ChiComs are now threatening to cut them off. It’s time to bring manufacturing back to America and that’s just what Trump wants to do. If we don’t do that, we’ll only have ourselves to blame.

—Ben Garrison

President Trump Proclaims Sunday March 15th A National Day of Prayer….


[White House] ~ A PROCLAMATION~

In our times of greatest need, Americans have always turned to prayer to help guide us through trials and periods of uncertainty. As we continue to face the unique challenges posed by the coronavirus pandemic, millions of Americans are unable to gather in their churches, temples, synagogues, mosques, and other houses of worship.

In this time we must not cease asking God for added wisdom, comfort, and strength, and we must especially pray for those who have suffered harm or who have lost loved ones. I ask you to join me in a day of prayer for all people who have been affected by the coronavirus pandemic and to pray for God’s healing hand to be placed on the people of our Nation.

As your President, I ask you to pray for the health and well-being of your fellow Americans and to remember that no problem is too big for God to handle. We should all take to heart the holy words found in 1 Peter 5:7: “Casting all your care upon him, for he careth for you.” Let us pray that all those affected by the virus will feel the presence of our Lord’s protection and love during this time. With God’s help, we will overcome this threat.

On Friday, I declared a national emergency and took other bold actions to help deploy the full power of the Federal Government to assist with efforts to combat the coronavirus pandemic.

I now encourage all Americans to pray for those on the front lines of the response, especially our Nation’s outstanding medical professionals and public health officials who are working tirelessly to protect all of us from the coronavirus and treat patients who are infected; all of our courageous first responders, National Guard, and dedicated individuals who are working to ensure the health and safety of our communities; and our Federal, State, and local leaders.

We are confident that He will provide them with the wisdom they need to make difficult decisions and take decisive actions to protect Americans all across the country. As we come to our Father in prayer, we remember the words found in Psalm 91: “He is my refuge and my fortress: my God; in him will I trust.”

As we unite in prayer, we are reminded that there is no burden too heavy for God to lift or for this country to bear with His help. Luke 1:37 promises that “For with God nothing shall be impossible,” and those words are just as true today as they have ever been.

As one Nation under God, we are greater than the hardships we face, and through prayer and acts of compassion and love, we will rise to this challenge and emerge stronger and more united than ever before. May God bless each of you, and may God bless the United States of America.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim March 15, 2020, as a National Day of Prayer for All Americans Affected by the Coronavirus Pandemic and for our National Response Efforts. I urge Americans of all faiths and religious traditions and backgrounds to offer prayers for all those affected, including people who have suffered harm or lost loved ones.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

President Trump Tests Negative For Coronavirus….


After President Trump decided to take the coronavirus test, the physician to the President releases the following information:

Democrats/media react:

Canada Ratifies USMCA Trade Agreement…


Canada completes the North American cycle with their ratification of the USMCA to replace NAFTA. Mexico and the U.S. ratified the new trade agreement last year and January respectively.  The Canadian parliament did so yesterday.

CANADA – Canada on Friday formally approved the United States-Mexico-Canada Agreement (USMCA), taking the last legislative step to implementation of the deal to replace the 25-year-old North American Free Trade Agreement (NAFTA).

The trade deal, ratified by the Mexican legislature last June and by Congress in January, was formally ratified by the Canadian Senate Friday, and shortly thereafter received royal assent, the Canadian governor general’s approval.

The deal was passed through the legislature before Parliament shut down for five weeks in response to the coronavirus pandemic.

[…] With royal assent, the USMCA has cleared its last continental legislative hurdle to become the law of the land in all three signatory countries.

Canadian approval kicks off a three-month period for all three signatory countries to agree on implementation regulations, including naming each country’s representatives for the conflict resolution mechanism. (link)

Washington, DC – United States Trade Representative Robert Lighthizer today commented on the Canadian Parliament’s approval of the United States-Mexico-Canada Agreement (USMCA):

“Now that the USMCA has been approved by all three countries, an historic new chapter for North American trade has begun.  This landmark achievement would not be possible without President Trump’s leadership and determination to strengthen our economy, and the hard work of our negotiating partners in Canada and Mexico.  USMCA is the gold standard by which all future trade agreements will be judged, and citizens of all three countries will benefit for years to come.”

Background:

USMCA was signed into law by President Donald J. Trump on January 29, 2020, after it received overwhelming bipartisan support in Congress.  The President was elected on replacing NAFTA with an agreement that puts American workers, farmers, ranchers and businesses first. He achieved this goal with the USMCA, an agreement that will bring manufacturing jobs back, help service industry workers, and raise wages.

All three countries are working together closely on implementation in advance of the Agreement’s entry into force. (link)

CNN Wonders Why Distrust in Media is High – Same CNN: Saying “The Coronavirus Originated in China” is Racist…


Elania Plott is a CNN analyst who notes in her conversations with supporters of President Trump the disdain and distrust in media is worse than any time she can remember:

Perhaps this short recap video will help explain.  CNN is now claiming that anyone who uses the term “Wuhan Virus” or “Chinese Corona Virus” is being xenophobic and racist.  The Media Research Center looked into it and captured some rather stark hypocrisy:

Amid Ongoing Fight FISA Will Lapse – McConnell Hopes to Assemble Vote Next Week, But Trump May Veto…


The House Rules Committee previously released the text of proposed changes to FISA (full pdf).  The “deal” is intended 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.  However, key Senators and President Trump say not enough being done to change it.

The current FISA authorities expire on March 15th; it looks like they will lapse as Mitch McConnell tries to regroup for a possible vote next week.  McConnell was forced to delay consideration past the expiration date after Senators Mike Lee (R), Rand Paul (R) and  Ron Wyden  (D) said they would object.

WASHINGTON DC – President Trump told Sen. Mike Lee (R-Utah) on Thursday that he does not support a House-passed surveillance bill— raising fresh questions about the fate of the legislation.

A spokesman for Lee confirmed the conversation and that the president told the Utah Republican that he does not support the House legislation. Officials speaking for the White House did not immediately respond to a request for comment.

Lee and Sen. Rand Paul (R-Ky.) have been working to kill the House bill, including urging Trump to veto it if it reaches his desk, over concerns that it does not go far enough to reform the court associated with the Freedom Intelligence Surveillance Act (FISA). (read more)

The House legislation, negotiated by House Speaker Nancy Pelosi and Republican leader Kevin McCarthy, supports the requests of AG Bill Barr and would renew several provisions the FBI claims vital to fighting terrorism.

The House legislation updates the three expiring surveillance provisions, including one that permits the FBI to obtain secret court orders to collect “business records” on subjects in national security investigations. The main purpose of this section is researching Foreign Agent Registration Act (FARA) violations. Using the FISA process for anyone suspected of FARA violations is a bucket of deep state horse-poo. It’s essentially an excuse for surveillance of anyone in DC.

Another provision, known as the “roving wiretap” provision, permits surveillance on subjects even after they’ve changed phones. So long as the subjects are “foreign” that’s no big deal. However, if the account owner of the phone is an American…. well, you can see the problem. Again, more sketchy stuff from the DOJ.

The third provision “lone wolf” allows agents to monitor subjects who don’t have ties to international terrorism organizations. This is where any American can be suspected, accused, and with no oversight have secret surveillance authorized by the secret court. The surveillance is retroactive; meaning the warrant allows the DOJ/FBI to find evidence to support the application for the warrant.  Sketchy.

I find myself in alignment with Rand Paul who says the laws should be changed so that *ONLY* foreigners can be targeted by FISA, and for all investigative issues involving Americans the DOJ/FBI should be forced to go to a traditional Title-3 Court to ask for a search warrant or surveillance. This approach is a more reasonable assurance for Fourth Amendment protection.

(Via Associated Press) […] Republicans had been aggressively seeking changes to the law since the Justice Department’s investigation into Trump’s campaign and Russia, while many Democrats already had concerns about government surveillance.

At the behest of those Republicans, the House compromise takes aim at some of the missteps the Justice Department has acknowledged making during the Russia investigation. Applications under the Foreign Intelligence Surveillance Act to eavesdrop on a former Trump campaign aide were riddled with omissions and missteps, according to an inspector general report.

The measure would require that officers responsible for FISA applications certify that the department has been advised of any information that could undercut or contradict the premise of the surveillance. In the Russia investigation, some of the information the FBI omitted from its applications cut against the idea that former Trump adviser Carter Page was a Russian agent, the watchdog found.

Page has denied that and was never charged with wrongdoing.

The bill also would institute criminal penalties and other sanctions for making false statements to the secretive Foreign Intelligence Surveillance Court, which issues warrants to the FBI to eavesdrop on people it has probable cause to believe are agents of a foreign power. It would require the attorney general to approve in writing of an investigation if the target of the surveillance is a federal candidate or official.

Attorney General William Barr was involved in the negotiations with the White House and Congress, and he said Wednesday that he supports the bill.

“It is of the utmost important that the Department’s attorneys and investigators always work in a manner consistent with the highest professional standards, and this overall package will help ensure the integrity of the FISA process and protect against future abuses going forward,” Barr said.

But Barr’s support does not guarantee that Trump is on board. The president kept Congress guessing with a Thursday tweet that did not indicate how he would act. (more)

.

Main Street Strong – U.S. Weekly Jobless Claims “Unexpectedly Drop”….


The stock market is not the U.S. economy.  The stock market is an investment instrument.

Yes, the downstream consequences from coronavirus mitigation efforts means there is likely going to be temporary, very specific, fluxes within the Main Street economy.  Entertainment, hospitality and leisure are likely to see the strongest initial impacts. However, as noted by the release of weekly jobless claims the U.S. economy is very strong.

WASHINGTON (Reuters) – The number of Americans filing for unemployment benefits unexpectedly fell last week as employers continued to hold on to their workers.

Initial claims for state unemployment benefits dropped 4,000 to a seasonally adjusted 211,000 for the week ended March 7, the Labor Department said. Jobless claims are the most timely labor market indicator. They have declined for two straight weeks.

Economists polled by Reuters had forecast claims rising to 218,000 in the latest week. (link)

The cancellations of large public gatherings, events and venues will have some impact on independently employed workers and ancillary businesses connected to them.  That’s the purpose of the extended and targeted administration effort for financial assistance in very specific sectors.   However, in the aggregate the Main Street economy is still very strong.

Numerous pundits fail to understand the difference between strong financials in the banking sector (Main St), and the downturn experienced in the stock market (Wall St).  Cue the audio visual demonstration:

The stock market is Wall Street, an investment instrument.  The banking sector has strong liquidity and is more connected to Main Street.  The banks are stable; this is not a financial crisis.   Consider this analogy:

You own a modest home with a $200k mortgage.   The home fits your needs; you maintain it; you take good care of your home as do your neighbors.  All is well.

Tomorrow you find out the city council approved a permit for a railroad to run behind your neighborhood.  The value of your home drops 25 percent on the news of the permit.

Nothing about the home has changed.  Everything is just as comfortable for you next week as it was in all preceding weeks.  Other than a pending rail line everything is the same.

A month later you find out the city withdrew the railroad permit because the railroad company changed their mind.  The value of your home returns to where it was before the news of the permit surfaced.   See how that happened?

Now replace the railroad permit with the coronavirus.

Keep yourself and those you love well maintained.

This too shall pass…

GO PLACIDLY amid the noise and the haste, and remember what peace there may be in silence. As far as possible, without surrender, be on good terms with all persons.

Speak your truth quietly and clearly; and listen to others, even to the dull and the ignorant; they too have their story.

Avoid loud and aggressive persons; they are vexatious to the spirit. If you compare yourself with others, you may become vain or bitter, for always there will be greater and lesser persons than yourself.

Enjoy your achievements as well as your plans. Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time.

Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals, and everywhere life is full of heroism.

Be yourself. Especially do not feign affection. Neither be cynical about love; for in the face of all aridity and disenchantment, it is as perennial as the grass.

Take kindly the counsel of the years, gracefully surrendering the things of youth.

Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with dark imaginings. Many fears are born of fatigue and loneliness.

Beyond a wholesome discipline, be gentle with yourself. You are a child of the universe no less than the trees and the stars; you have a right to be here.

And whether or not it is clear to you, no doubt the universe is unfolding as it should. Therefore be at peace with God, whatever you conceive Him to be. And whatever your labors and aspirations, in the noisy confusion of life, keep peace in your soul. With all its sham, drudgery and broken dreams, it is still a beautiful world.

Be cheerful. Strive to be happy.

By Max Ehrmann © 1927