The DOJ-NatSec Division and FBI reported issues of fraud upon the FISA court in October and November prior to the IG FISA report release. Specifically the DOJ notified the FISC that OGC Kevin Clinesmith had manipulated and falsified evidence. On December 5th, Judge Coller responded to that series of notifications with an order.
On December 9th, when the IG FISA report was made public, the FISC was given a declassified version of the report and was able to review for the first time. It was from that IG review that Collyer was able to establish the full context of the fraud upon the court. The court was given no advanced notification as to the totality of fraud upon the FISC other than a preliminary ‘head’s up’ on the OGC Clinesmith compromise.
As a result of the IG report, Collyer told the DOJ to declassify her response of December 5th, because she was going to make it public. Today Collyer released that order.
Judge Collyer has three questions/orders and instructs the DOJ: (1) to inform the court of what previous FISA applications Kevin Clinesmith was involved in; (2) inform the court what steps have been taken to review the potential of those applications to also contain fraudulent information; and (3) inform the court what the hell they did to punish this gross behavior from the FBI Office of Legal Counsel.
Keep in mind Judge Collyer wrote this order (Dec 5th) prior to her seeing the full unredacted IG report on FISA abuse (Dec 9th)…. so it’s likely there will be more to come as an outcome of this mess.
HPSCI Ranking Member Devin Nunes wants to see the FISA court shut down. I concur.