“Sorry”, don’t get it. Compare and contrast, then holler BULLSHIT! The FBI is accused of perjury and systematic abuse of the FISA court. Judge demands a written response.
Compare and Contrast
According to the FISA Judge, the FBI made numerous mistakes. Let’s put this statement into context. Here is the sign off from the the FISA application.
Margot Cleveland writing at The Federalist Blog points out the problems inherent in the FISA affidavit.
She quotes Andrew McCarthy a former United States Attorney.
Former federal prosecutor Andrew McCarthy was the first to highlight this legal defect, explaining that “in applying for a warrant, the government must establish the reliability of the informants who witnessed the alleged facts claimed to support a probable-cause finding. Steele was not one of those witnesses. He is not the source of the facts. He is the purveyor of the sources — anonymous Russians, much of whose alleged information is based on hearsay, sometimes multiple steps removed from direct knowledge.”
Put yourself in the Judge’s place, nine levels of review from seven different agencies. Impressive! Street cops have been known to quote W.C. Fields. The FBI apparently made his observation official policy.
“If you can’t dazzle them with brilliance, baffle them with bull.”W. C. Fields
I’m just a broke down retired narc who never played in the sandbox labeled FISA. However, during my fifteen years of working narcotics I drafted or reviewed over a 1000 search warrant affidavits for submission to both State and Federal courts.
In my experience, there is only one “affiant” on a search warrant application. The affiant is the guy that drafts or amasses the information for submission to the judge. The information may come from a variety of sources.
It is incumbent to the affiant to demonstrate the source of the information and why it is believable. In some instances the affidavit is drafted by a district or United States attorney, based on the information supplied by the affiant. Ultimately it is the affiant that raises his/her hand and swears that the information contained in the affidavit is true and correct. If there are falsehoods, evasions and “mistakes” the affiant is ultimately responsible.
The FISA affidavit contains a “certifications” page, (see above).” By signing certifications the signatories are indicating to the judge that they have reviewed the affidavit and agree with its contents. They “certify” that the affidavit meets the requirements, as set out in the FISA act of 1978.
Inspector General Michael Horowitz and Judge Rosemary M. Collyer have determined that the affidavit is defective on multiple levels.
I don’t think I’m being disingenuous. To me, the signers are telling the judge the affidavit contains “probable cause” follows accepted rules for drafting search warrants and contains no false statements. History shows the Carter-Page FISA certification is not worth the paper it is written upon.
Ho-hum mistakes were made.
Contrast the FISA antics with a similar search warrant faux paux. This time in Houston, Texas. I wrote about the incident here.
These two Houston narcs have been indicted by the Feds. What did they do that was so wrong?
Like the heroes in the FBI FISA story. They made some mistakes.
- They invented a confidential informant and vouched for that informant’s credibility in a search warrant affidavit. Just like the FBI.
- They created probable cause where none existed. Just like the FBI.
- They lied to a judge in order to obtain a search warrant. Just like the FBI.
- They misled agents in their law enforcement agency to engage in illegitimate enforcement activity. Just like the FBI.
- They targeted an innocent couple, ultimately killing them. Has anybody seen Joseph Mifsud lately? Life as an FBI informant can be tough.
Faced with the choice between life in prison or a written letter of apology I’m sure they could be quite eloquent. This is where their path and the path of the FBI players part ways.
I’m not defending or excusing the actions of the Houston narcs. I think the FBI ought to be held to the same standard.