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Finally, the FISA court has awakened from its deep slumber. Too damned late… and not enough.

On Tuesday, presiding judge Rosemary Collyer issued an order slamming fired director James Comey’s FBI for presenting “false information,” concealing exculpatory evidence, and misleading the Foreign Intelligence Surveillance Court. But her judicial fix is feckless. She is now demanding that the FBI present the steps it will take to remedy these problems in future surveillance warrant applications. If this is her idea of a solution, it’s a joke. And shameful.

A year and a half ago when the redacted FISA applications were first made public, it was obvious that the FBI relied almost entirely on Christopher Steele’s phony “dossier” and that the FISA court was being lied to. Back then, Collyer should have immediately ordered a “show cause contempt” hearing demanding that Comey, Sally Yates, Andrew McCabe, Dana Boente and Rod Rosenstein all appear before the court to explain why they should not be held in criminal contempt for deceiving judges in the four warrant applications they signed. They swore that the information was true and verified when they knew or should have known it was not. Collyer still isn’t ordering a contempt hearing. This is an appalling abdication of judicial duty.

It means that the FISA court doesn’t really care that it was lied to by the FBI. If it did, Collyer would hold these FBI & DOJ officials legally responsible for defrauding the court. The message here is this: you can lie to the FISA court and there will be no accountability or punishment. If you get caught, the court will merely demand remedies for the future.

This will not go over well in Congress among those who feel that FISA has become a serious and chronic danger to civil liberties. They are right. The currently constituted FISA court must be abolished. A new system should take its place –one that does not rely on the FBI to be honest and trustworthy because the bureau has proven that it cannot be.

The FBI was caught lying before back in 2002. In more than 75 cases, the FBI had deceived judges in sensitive surveillance warrants. Then-director Robert Mueller appeared before the FISA court and promised reforms. He vowed that it would never happen again.

Predictably, it has.

Any new system that replaces FISA must embrace an adversarial element. It is imperative that a specially appointed public advocate be empowered to scrutinize FBI warrant applications and, when necessary, challenge the dubious claims made by FBI officials. Hearings must be required —no more paper submissions by the FBI wherein the judges simply accept as truth any representation made. The days of rubber-stamping the FBI must end.

Comey and his confederates abused the trust vested in them and have done incalculable damage to the FBI and the nation. Only genuine, systemic reform will put a halt to future acts of lawlessness and corruption.

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42 Comments

  1. I believe that the judge that issued this fake warrant knew it was a lie but he was in on the scheme.

  2. Abolish the FISA Court, obviously complicit in subverting millions of our TAXPAYER-CITIZEN dollars thru seriously INEPT, OVERPAID Deep State Judges or part of the plot to overthrow the duly elected President from the very early stages.

  3. Anyone who thinks that the Judges on the FISA court were not more than happy to sign these warrants is frankly a tad naive. If those judges had ANY integrity at all then they would have already taken action against the agents that defrauded their court. I mean seriously who are they trying to kid here?

    Lets Put it this way, An FBI Agent Brings You ( A Judge) Bogus information, then flat out lies to you making a mockery of YOU ( The Judge) AND your Court, and this doesn’t piss you off? Now I don’t know how many Judges you know but in my profession I have met a few and they are a pretty Proud lot. And they tend to take their courtrooms very seriously. They tend to not be to shy about hitting someone with a contempt charge if someone disrespects their bench. And All This FISA Judge is saying is naughty naughty don’t do it again? Yeah I’m gonna have to call BS. This Court was in on it. Period.

  4. I believe that the judge that issued this fake warrant knew it was a lie but he was in on the scheme.

  5. What I fail to understand is WHY everyone seems to be so afraid to prosecute the bad actors, Comey Clapper Brennan, Obama, Biden et al? If they were Republicans, the Dems would hogtie them and haul them into court. Why aren’t the Republicans, even Pres Trump doing anything?

  6. Abolish the FISA Court, obviously complicit in subverting millions of our TAXPAYER-CITIZEN dollars thru seriously INEPT, OVERPAID Deep State Judges or part of the plot to overthrow the duly elected President from the very early stages.

  7. What I fail to understand is WHY everyone seems to be so afraid to prosecute the bad actors, Comey Clapper Brennan, Obama, Biden et al? If they were Republicans, the Dems would hogtie them and haul them into court. Why aren’t the Republicans, even Pres Trump doing anything?

  8. “I’m shocked, shocked, to find that gambling is going on in here.” Unfortunately this is not about petty gambling in Casablanca. The judges who have not expressed any outrage after being lied to are complicit in my opinion!

  9. “I’m shocked, shocked, to find that gambling is going on in here.” Unfortunately this is not about petty gambling in Casablanca. The judges who have not expressed any outrage after being lied to are complicit in my opinion!

  10. I totally agree with with Gregg! It’s obvious that the Fisa court like the feckless deluded democrats do not care about truth and justice!
    It needs to be replaced, and regardless, the perps need to go to prison!!!

  11. I have to agree with Terry Salter, the fisa court was in on the scam!!
    DUMP IT!!

  12. I totally agree with with Gregg! It’s obvious that the Fisa court like the feckless deluded democrats do not care about truth and justice!
    It needs to be replaced, and regardless, the perps need to go to prison!!!

  13. I have to agree with Terry Salter, the fisa court was in on the scam!!
    DUMP IT!!

  14. The only reason FISA court is saying anything is the fact they got caught working for DNC

  15. The only reason FISA court is saying anything is the fact they got caught working for DNC

  16. Yes, the FICA court was lied to, but EVERYONE KNEW THAT A LONG TIME AGO! I think the judges sitting on the Court need to go before a Senate Committee and explain a few things, before they are ALL asked to resign, or be fired. Was this chevalier attitude just for DEMS, or was this injustice equal across the political spectrum. I think you will discover that we had some “activist” DEM judges involved in this. In that case, these “judges” need to be PUNISHED! It seems the DEMS can break every rule, every law, with no consequences. Barr still talks smarmy accolades for WRAY! Mr. Barr better clean house at the DOJ/FBI or he can resign. Tired of waiting for justice out here. NOT A SINGLE DEM IN JAIL YET FOR THE BIGGEST CRIME AGAINST THE AMERICAN PEOPLE IN HISTORY!

  17. Yes, the FICA court was lied to, but EVERYONE KNEW THAT A LONG TIME AGO! I think the judges sitting on the Court need to go before a Senate Committee and explain a few things, before they are ALL asked to resign, or be fired. Was this chevalier attitude just for DEMS, or was this injustice equal across the political spectrum. I think you will discover that we had some “activist” DEM judges involved in this. In that case, these “judges” need to be PUNISHED! It seems the DEMS can break every rule, every law, with no consequences. Barr still talks smarmy accolades for WRAY! Mr. Barr better clean house at the DOJ/FBI or he can resign. Tired of waiting for justice out here. NOT A SINGLE DEM IN JAIL YET FOR THE BIGGEST CRIME AGAINST THE AMERICAN PEOPLE IN HISTORY!

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