NO WONDER THE FISA JUDGES ARE REMAINING SILENT

The Foreign Intelligence Surveillance Act (FISA) was passed in 1978.  For the first time in American history, a secret court was established to allow spying on Americans suspected of possible terrorist affiliation, or who may be assisting foreign governments’ espionage efforts against the United States and its allies.  Why anyone thought we needed such a, “Star Chamber”, type arrangement is still a mystery, since we never needed secret courts during WW1 or WW2,, the Korean conflict or the Vietnam War.  Based on the timing, it seems the alleged need for such a secret court was spawned during the Cold War between the United States and the Soviet Union.

The way it is supposed to work, is that when the U.S. government has suspicions against individuals based on hard evidence, they present such evidence to the FISA Court judge for the purpose of obtaining secret search warrants to surveil the suspect(s), both American citizens and those they are allegedly colluding with.  There is no opposing counsel present, because that would tip off the suspects that they have been detected.  Basically, a FISA Court is the loose equivalent of a Grand Jury, where an unopposed prosecutor presents evidence against a suspect for the purpose of securing an indictment against that suspect, leading to his/her arrest for criminal trial where both parties can prosecute and defend, based on hard evidence.

But in the case of a government request for a secret FISA search warrant, there is no impartial Grand Jury made up of citizens.  Instead, there is only one judge considering the request.  The person(s) to be spied upon are never notified and have no opportunity to explain or defend themselves against such surveillance.  The FISA Court judges themselves are expected to be the sole arbiters of whether or not the government’s evidence is sufficient cause to issue the search warrant.  But the most recent revelations regarding the FISA Court search warrant procedures cast that check on government abuse into extreme doubt.

Take for example the FISA Court search warrant issued on Trump Campaign aid Carter Page:

The government told the FISA Court judge that Page had made highly suspicious contacts with Russian operatives, and apparently the FISA judge rubber-stamped the request, based solely upon suspicion with no hard evidence presented at a hearing.  That search warrant was then used to spy on the Trump Campaign by the FBI headed by Director James Comey, and any conversations or electronic communications Page had with other Trump Campaign participants, possibly including Trump Campaign Manager Paul Manifort and Trump himself, could then be surveilled.

As it turns out, the Page FISA warrant request had been heavily based upon the now totally discredited Steele Dossier on candidate Trump.  The Steele Dossier had been paid for by the Clinton Campaign and the Democratic National Committee (DNC) as political opposition research through a company called Fusion GPS, and it was chock-full of flat-out lies, yet the government committed fraud against the FISA Court to obtain the Page warrant using the dossier, and without so much as a hearing on the, “evidence”!  In fact, the FISA Court re-authorized that Page search warrant three more times, and again, never questioned the validity of the, “evidence”, via any hearings at all.  The FISA judges simply rubber-stamped each request, and the last such request was signed off by none other than Deputy Attorney General Rod Rosenstein, who had convinced Attorney General Jeff Sessions to recuse himself from the Trump/Russia investigation.

It was Deputy AG Rod Rosenstein who appointed Robert Mueller to be Special Counsel against President Trump, the day after Trump had rejected Mueller’s request to replace James Comey, a dear, very close friend of Mueller, as FBI Director.  Mueller then staffed his investigation exclusively with hard-line Democrats for the alleged purpose of determining whether or not President Trump, “colluded”, with the Russians to help him win the presidency, and looking into Russian meddling in our elections.  But Rosenstein gave Mueller virtually unlimited authority to look into and pursue any crimes he found during his investigation, even if they had nothing to do with the Trump Campaign at all.

As we’ve all seen, the Mueller Investigation has been, as President Trump describes it, a, “Witch Hunt”, looking for any possible way to discredit Trump via indicting those his campaign had formerly employed or been associated with.  To date, Mueller has been unable to find any evidence of Trump’s Campaign colluding with the Russians to help him win the election, but Mueller has secured convictions in court against Paul Manifort for tax evasion that occurred long before Manifort was ever appointed by Trump as Campaign Manager.  George Popadopoulos plead guilty to lying to the FBI, along with retired General Michael Flynn for telling a lie that had no relation to the Trump Campaign at all.  The only thing Trump himself is guilty of is hiring people he probably shouldn’t have, but as the old saying goes, “Show me the man, and I’ll show you the crime”.

If a person is targeted for investigation by a government with unlimited resources, chances are they will be found to have committed something illegal at some time, and that is precisely what Mueller has been doing.  By criminalizing anyone associated with Trump, even for acts committed long before Trump employed them, Mueller is attempting to make it look as if Trump was somehow involved, and the corrupt, Fake News media has made no attempt to clarify that distinction.  In fact, the Fake News media has done everything in their power to promote that falsehood.

This entire fiasco was made possible by FISA Court judges who simply did not do their jobs to question the government’s evidence.  There wasn’t a single hearing to determine if the government’s suspicions were warranted, not during the first request and not when the government requested re-authorization to spy on the Trump Campaign via Carter Page three more times!  You would think a judge might be somewhat suspicious of the government’s motives, especially since the warrant could be used against a political party, its campaign and a citizen candidate, but that obviously didn’t happen.

For months, citizens, pundits and politicians alike have been wondering why the FISA Court judges haven’t ordered a hearing into the FBI’s fraud upon the court.  Judges watch television too, and they must surely know they were lied to by now.  If I was a judge and found out I was duped into issuing a search warrant against an American citizen based on fabricated evidence, I’d be livid!  But all we’ve heard from the FISA Court judges is crickets, and I think I know why:  They were either willful participants in the fraud and the conspiracy, or negligently derelict in their duty to make certain the Page search warrant was fully supported by evidence.  They know this is eventually going to come back to haunt them.

As I have written so many times before, of it can be abused, it will be abused, and the FISA Court arrangement was ripe for the pickings then — and it still is!  The corrupt FBI under Comey knew the FISA judges would rubber-stamp their request, just as they apparently do most of the time, so when it came to spying on a political campaign using false evidence to obtain a search warrant, Comey was reasonably certain the FISA judge would sign off on it — and he was right.

What should concern the Fake News media is that the same tactics could be used to spy on Liberal journalists and their editors at some time in the future by a corrupt FBI under a Republican administration, But Liberals are so single-minded and almost child-like in everything they do that they just aren’t considering that as a possibility.  As long as the FISA Court arrangement remains vulnerable to intentional manipulation by corrupt government entities, no one is safe, including you and me.

If challenged on the basis of constitutionality, I doubt the FISA arrangement would pass muster, but to date I do not believe such a challenge has been made by anyone or any entity, even Judicial Watch.  I don’t understand why.

 

Carl F. Worden

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