DOJ Admits Two FISA Applications Lacked Cause – FISA Court Requests Information on Consequences: What Other Prosecutions Relied on the Invalid Warrants?…

An interesting ruling, brief and order from the FISA Court (Judge Boasberg) released today [pdf here] reflects an admission by the DOJ the 2nd and 3rd FISA renewal against U.S. person Carter Page were invalid.

The “DOJ assesses that with respect to the applications in [April and June 2017] “if not earlier, there was insufficient predication to establish probable cause to believe that [Carter]Page was acting as an agent of a foreign power.””

The original FISA application was October 21st, 2016.  The first FISA renewal was January 12, 2017 (84 days from origination).  The second renewal was April 7, 2017 (85 days from prior renewal).  The third renewal was on June 29th, 2017 (83 days from prior renewal).

The DOJ has now attested to the FISC the FISA application on April 7, 2017, and the FISA application of June 29th were invalid.  However, the DOJ has not taken a position on the validity of the original application, Oct 21, 2016, or the first renewal of January 12, 2017.

As with almost everything in the world of FISA there is a great deal of interesting language surrounding how the FISC brief & order by James Boasberg is written.  Each paragraph and sentence should be reviewed carefully to avoid making cursory mistakes in analysis.

The FBI has agreed to “sequester” all information and evidence received as an outcome of all the FISA warrants issued against Carter Page.  Meaning, all material, in any court proceeding or subsequent secondary warrant on another target, application, filing, motion, prosecution or downstream use of the information gathered and obtained; the FBI will now assemble all materials, from any location, that stemmed from the Carter Page FISA warrants.

In essence, the FBI will now look and retrieve any evidence that stemmed as an outcome of the Carter Page FISA warrant.  Some of this material *may* (perhaps likely) will be in the Special Counsel Mueller investigation.

[ie. a proverbial search for the fruit of a poisonous tree.  Where is it?]

Once the sequestration has taken place, the DOJ will then be able to determine to the court what collateral impacts they have identified.

The DOJ has yet to inform the court how exactly they plan to do this, or when they anticipate to have completed the task.  However, the FBI has agreed to undertake this sequestration for ALL of the FISA applications, not just the two renewals they now admit are invalid. READ:

The issue of the validity for the October 21st, 2016, originating FISA application; and/or the issue of the validity for the first renewal January 12th, 2017, is not yet determined.

The FISC brief outlines the Office of the Inspector General (OIG), who is currently doing a review of all FISA applications, will be the one assist the DOJ in reaching that conclusion.

Worth noting in the second paragraph (above): “pending further review of the OIG report and the outcome of any investigations or litigation.”   This was a statement made by the DOJ in response to the FISC.  It is possible the ongoing investigation by U.S. Attorney John Durham is part of this encompassing statement.

The second page of the order by Judge Boasberg is essentially him relaying the law surrounding FISA applications; warning the DOJ that false material submissions -which the DOJ has just admitted- are illegal; and Boasberg wanting to know answers to the same questions many of us have.

Essentially, Judge Boasberg is asking: what did the FBI do with the Title-1 surveillance warrant they received from the court?   What material did they collect?  Was that material then used in other proceedings and: “disseminated to DOJ prosecutors and other persons outside the FBI”?

The presiding fisa judge also wants to know what the DOJ is doing.  Explain what “further review of the OIG report” means?  Inform the court what “related investigations and litigation” pertains to, etc:

[Link to Court]

A note of caution.  It seems incredulous the DOJ cannot apply the same determination of invalid construct to the original FISA application and first renewal.  However, the key issue is with the Steele Dossier – the essential evidence underpinning the FISA itself; and the key question is when did the FBI and/or DOJ know with certainty the Steele Dossier was unfounded and did not merit legal inclusion for the warrant?

By their current admissions, as outlined by Judge Boasberg, the DOJ is admitting that between January 12th and April 7th current investigators are certain there was sufficient information debunking the Steele Dossier, known to the former FBI and DOJ officials, such that no further application (renewal) should have taken place.

Interestingly this timeline and DOJ admission would include the Mueller investigation use of any FISA derived material or evidence when it began May 17, 2017; that is, if the Mueller probe used the Carter Page FISA evidence for any derivative warrant therein.

It seems likely the Mueller probe did use the Page warrant, as former FBI Deputy Director Andrew McCabe and former DOJ Deputy AG Rod Rosenstein authorized the June 29, 2017, final renewal AFTER the special counsel was in place.  That renewal has been admitted as invalid.  There could be considerable consequences.

This entry was posted in 4th Amendment, 6th Amendment, AG Bill Barr, Big Government, Big Stupid Government, Cold Anger, Conspiracy ?, Decepticons, Deep State, Dem Hypocrisy, Dept Of Justice, Desperately Seeking Hillary, Donald Trump, Donald Trump Transition, Election 2016, Election 2020, FBI, IG Report Comey, IG Report FISA Abuse, IG Report McCabe, media bias, Notorious Liars, President Trump, Professional Idiots, propaganda, Spygate, Spying, THE BIG UGLY, Typical Prog Behavior, Uncategorized. Bookmark the permalink.

403 Responses to DOJ Admits Two FISA Applications Lacked Cause – FISA Court Requests Information on Consequences: What Other Prosecutions Relied on the Invalid Warrants?…

  1. DebbieSemms says:

    With Roberts appointing the FISA judges I don’t expect much.
    Until Durham and or Barr make some arrests I expect even less….they have had more than enough time.

    Liked by 2 people

  2. DesertRain says:

    Sundance… this article is worth a quick read. Potential hops from Page to Michael Sanchez to Roger Stone.
    “According to documents reviewed by The Daily Beast, Stone and Sanchez were in touch about the National Enquirer story in the days after it ran—and in the days before Stone was arrested by the FBI and charged with seven criminal counts related to the federal investigation into Russian meddling in the 2016 presidential election.

    Those documents show that Sanchez was also in contact with another figure caught up in the Russia investigations, former Trump campaign foreign policy adviser Carter Page.

    Page told The Daily Beast that he and Sanchez have a personal and professional relationship. “Michael is a friend and his agency, Axis Management, has represented me in the past,” he said in a text message. Page also said that Sanchez had “arranged my appearance at Politicon in L.A. last October.” Page declined to go into further detail when asked about the last time that he spoke to Sanchez.”

    https://www.thedailybeast.com/bezos-investigators-question-the-brother-of-his-mistress-lauren-sanchez-in-national-enquirer-leak-probe

    I

    Like

  3. Joe says:

    Don’t be fooled! The third and fourth FISA warrants depended on or included Clinesmith’s forgeries. He’s already been set up to take the fall for Comey and McCabe.

    The first two warrants will be upheld as valid because the snakes in the FBI and DoJ would have no one to hide behind if they are not.

    Liked by 5 people

  4. angech says:

    Is there any relationship between the lawyer who hid the CIA Carter Page connection and the legality of the warrants.
    Perhaps he only did it for the second review, got caught and this is why the second and third have been thrown out?
    Presumably the original and first review were free of interference by the lawyer and OK even though they were also fake

    Like

  5. angech says:

    Is there any relationship between the lawyer who hid the CIA Carter Page connection and the legality of the warrants.
    Perhaps he only did it for the second review, got caught and this is why the second and third have been thrown out?
    Presumably the original and first review were free of interference by the lawyer and OK even though they were also fake

    Like

  6. Retired IG says:

    Thanks Judge Boasburg (sp) for throwing this bone. Twil be methinks, at least for me, the first bone, from any Judge in the “U.S Judicial System” that has been thrown out with any meat on it to gnaw on. I’ve been STARVING. Thank You. And PLEASE SEND MOAR.

    Liked by 3 people

  7. Sherri Young says:

    George Papadopoulos has a new podcast episode out this afternoon. It fills in more blanks.

    Like

  8. truthseeker39525 says:

    What I want to know is….. if the fake FISA warrant allowed ‘3 hops’…then who ELSE was the Obama/HildeBeast FBI listening in on?
    If they had ‘3 hops’ from Carter Page, and ‘3 hops’ from George Papadopoulous,…..
    …. and was it just crooked FBI, or were they letting other Obama/HildeBeast people also ‘listen in’?
    Just how big was ‘The Club’?

    Like

  9. MD says:

    The second and third FISA’s were invalid for insufficient predication. What was the insufficient predication? Was it the fake dossier and information from Christopher Steele who was deemed not credible and supposedly removed as a source?

    Liked by 1 person

  10. Bogeyfree says:

    Simple question that no one has answered………..

    Would not ALL Carter Page FISA warrants, (the original & the 3 renewals) be illegal IF they knew Carter Page was a CIA Agent all along???

    Meaning they knowingly used him??

    Would it not be lying to a FISA court if the FIB KNEW all along he was CIA?

    If the answer is yes then why has Tom Fitton not Done a massive FOIA request for every communication that has Carter Page’s name on it?

    Prove/show there were conversations between Page and people in FIB or conversations that mention Page as a CIA agent with people in the FIB.

    I’d start with a FOIA of any and all documents where Carter Page’s name is present and this communication goes to any of the alleged players within the small group.

    IMO the bottom line is, prove Page was CIA all along and the leadership of the FIB knew it all along (like Mifsud) then IMO the ORIGINAL FISA warrant AND all of the renewals are illegal right?

    I wonder if it gets to calling witnesses if Carter isn’t called and under oath and asked if he was CIA all along and if he had any conversations before the original FISA warrant with any of the top level folks at the FIB?

    And then PT should order the declassification of all Carter Page communication either that are sent to or from Page along with the communications that mention his name.

    Would this simple revelation if true not prove this whole thing was a coup from the start?

    I wonder if Barr and Durham are asking this same question about Carter Page??

    Like

    • BigTalkers says:

      Better yet, Page went undercover to help make a case against Russian spies (that resulted in guilty pleas) in NYC for the FBI!

      Like

    • Michael Gram says:

      Are asking whether Page joined the Trump Campaign just so the FBI could use him to obtain the warrant? In other words Page was planted in the campaign by the intel community.

      Like

  11. BigTalkers says:

    If this is some sort of clumsy, belated effort by the Govt to “split the baby” (in an attempt to save the FISA Court..?), trust me, it won’t wash.

    Nothing less than SD’s favorite disinfectant (TOTAL SUNSHINE!) can save this court and its fellow deceivers now.

    Like

    • Trump Train says:

      This court does not need to be saved like illegal Traitor (Patriot act). Possibly with major reforms and severe penalties of mandatory min sentences. For example, for a participant 20 years, for those who initiated life in prison.

      Like

      • BigTalkers says:

        Aren’t their already “laws” in place for that now? I understand unauthorized use of the NSA database is punishable by 10 years in prison per offense, and there were literally HUNDREDS of such offenses. But if no one’s ever indicted for those crimes, one could make the punishment the “death penalty” and it wouldn’t be a deterrent, would it..?

        Like

    • BigTalkers says:

      All of which brings up a fascinating question…

      Are we really being asked to believe that in literally HUNDREDS of instances, the FISA Court conducted so little oversight of its “sacred” warrants that the names of suspected “perpetrators” (including sitting US Senators) were unfamiliar to them?

      And they actually issued a wide-ranging Counter Intelligence warrant against a major political party’s Presidential candidate based upon a doctored email by a minor bureaucrat?

      Well, to anyone who believes this yarn, I’ve got an entire Country I can sell you… Because it’s obviously FOR SALE!

      Like

  12. Trialdog says:

    “the FBI will now look and retrieve any evidence that stemmed as an outcome of the Carter Page FISA warrant…”

    Really? The FBI is going to retrieve material from the DNC’s opposition research files?

    When?

    Are they going to search the files at Perkins Coie?

    I think not.

    Like

    • Bogeyfree says:

      Another question…..

      Can American Citizens join together an file a lawsuit, say 10-20 million strong, against the government for potentially knowingly hiding and or possibly destroying exculpatory evidence from a criminal investigation?

      So far we have seen the new filings in the Gen Flynn case where they have finally come forward with evidence that was “overlooked”.

      We now have the ruling on the 2&3 FISA renewal being non compliant.

      So yes we are now getting some crumbs but are these crumbs coming forward because of external force (Sidney and the FISA Court) or because of integrity and duty to expose the truth?

      So it begs the question, what else has been possibly “overlooked, misplaced, lost or ignored” in this investigation and can American Citizens sue to ensure all evidence is gathered and exposed to the American people?

      My point of the lawsuit would be to force discovery of such things as:

      1) The Wiener Laptop and what the NYPD knew and if the rumors of stand down orders were true

      2) The 33k HRC emails and did anyone secure then from the NSA and fully review them?

      3) Where are the 47 hard drives that Whistleblower Montgomery turned over to the FIB and what was on them coupled with his testimony?

      4) Has anyone spoken or deposed Jullian Assange and if not could this lawsuit force that so the public knows from a firsthand witness how the DNC emails truly got to Wikileaks?

      5) Testimony from Carter Page coupled with all documentation and communications relating to Page to see if there was any linkage and knowledge between the leaders of the FIB and CIA that he was was always known as a CIA agent for the government.

      6) Same documentation on Mifsud and Halper

      7) Trace the serial numbers from the PapaD monies?

      8) Exposing the Rudy evidence that he gave Pompeo regarding his Ukraine findings?

      9) All the exculpatory evidence that Sidney articulation that was withheld in the General Flynn case and who and how long have they had this

      10 Press for a full and complete audit of FISA warrants from 2012-2017 so Americans can fully understand the depth and scope of this issue?

      11) Press for disclosure of all FIB Contractor searches conducted from 2012-2017 reporting how many Americans were surveilled, who was surveilled, how many times, what was the search criteria and who allowed/authorized the searches?

      12) Testimony of the 2 Uranium One Whistleblowers?

      And there are a ton more things worthy of discovery in a trial but my point is……….

      How do Americans hold Barr, Durham, the DOJ and the FIB accountable?

      So if things get “overlooked, misplaced, lost” etc is the answer simply shxt happens??

      Is all of this just truly up to their discretion and American Citizens have no say??

      I’m all for giving Barr and Durham first shot but shouldn’t American Citizens have a back up plan if truth and justice doesn’t happen and too much is not exposed or explained?

      Imagine if at every go forward PT rally if there was a lawsuit sign up table? Do you think we could get a few millions signature pretty quick?

      Anyway just thinking ahead if We the People have any options other than our vote.

      Like

  13. JB says:

    so, the reason they do not tackle the 1st to applications is that they occurred under the Obama administration. So Obama is free and clear.
    Nor do they tackle the illegal Pappadapolous or Manafort or Flynn appls.

    This is the bare minimum (#s 3 and 4 for Carter Page). This is a cover up.

    Liked by 1 person

  14. BigTalkers says:

    Would it therefore be correct to say that this admission effectively INVALIDATES the entire Mueller probe along with its subsequent findings and prosecutions, under the legal theory referred to as “fruit of the poisonous tree?” (..Not so fast, huh?)

    Like

    • BigTalkers says:

      You know, for some reason Roberts and Boasberg appear to be trying to “minimize” all that we now know went on.

      This brings me to the same question I asked about Rosenstein: Could they possibly be that incompetent, or were they somehow in on it..??

      Liked by 1 person

      • ATheoK says:

        Good question, but no.
        Incompetence screws up in many directions both positive and negative. All of Rosenstein’s and now Boasberg’s apparent missteps are all against the Constitution, against Americans, against President Trump.

        It’s corruption, not incompetence. Well thought out, discussed, investigated then forced onto America.

        Like

      • BigTalkers says:

        Indeed, to date I know of only a few individuals who surely WEREN’T in on this spectacular cabal…

        They are Donald Trump and William Barr (who weren’t there at the time), Adm Mike Rogers (who exposed it), along with Devin Nunes and Chuck Grassley (who have seriously investigated it).

        Almost everyone else is still suspect, so far as I’m concerned.

        Like

  15. ATheoK says:

    Take a deep breath!
    Take a few more.

    1) This order comes from FISA Judge James E. Boasberg.
    a) This is the same FISA Judge James E. Boasberg who wrote a FISA review that was declassified in 2019; as CTH documents in October 2019.
    – i)Remember, Boasberg performed this review quite some time ago. Why is Boasberg addressing the FISA prosecution malfeasance now?
    – ii) Corrupt Obama California Judge Jon S. Tigar who blocked President Trump’s immigration orders is a lifelong close relationship with Judge Boasberg.

    b) The same FISA Judge James E. Boasberg who recently appointed Obama hack David S. Kris to National Security Leader at DOJ to review FBI FISA reforms.

    Judge Boasberg writes:

    “The government further reports that the FBI has agreed “to sequester all collection the FBI acquired pursuant to the Court’s authorizations in the above listed four docket numbers targeting Carter Page pending further review of the OIG report and the outcome of related investigations and any litigation”.

    Note the very tight fencing around Carter Page.

    2) Given what we already know regarding the Carter Page FISA is the permission slip that allowed the FBI and it’s twisted sister CIA to conduct extensive surveillance and research on Candidate Donald Trump’s campaign.

    3) That FISA approval legitimized all of the surveillance, investigations and spies preceding the Carter Page FISA.
    i.e. Ohrs, Mifsud, Trump Tower, Downing, etc. etc.

    Yet Judge Boasberg constrains the poisoned fruit of the vine investigation to Carter PAge FISA renewals and only to Carter Page.
    a) In spite of the knowledge that is is likely far easier to identify uncontaminated research and surveillance investigation. i.e. research that originated and was received from investigation paths totally isolated from the FBI team complicit in Carter Page’s FISA renewals.

    b) Boasberg conveniently ignores that any investigations coordinated through the corrupt team(s) that conducted the FISA fraud, is inherently contaminated.
    – i) “Fruit of the poisonous vine” precedent established that description to clearly associate all fruits from a poisonous vine are tainted and must be dismissed.
    – ii) Boasberg’s corralling the FISA fraud into a tiny segment of a massive corrupt FBI/CIA millipede.

    Pull Boasberg from overseeing FISA.
    Fire the corrupt David S. Kris.
    Appoint a judge who is there to correct the FBI FISA abuses; especially all of the downstream prosecutions!.

    Liked by 1 person

    • BigTalkers says:

      Which is under the exclusive purview of Chief Justice John Roberts.

      Fortunately, however, he only controls this one aspect of the “battlefield.”

      Like

      • BigTalkers says:

        Unless elements of these criminal activities ever reach his Court. Should he then side with any of the alleged conspirators, such “bias” would become a matter of public record. We’ll see…

        Like

  16. corkyboyd says:

    It is interesting that the two prior FISA applications were on Obama’s watch. Is there a cover up here?

    Like

  17. Otter, DOJ, and Animal House…

    Reminds me of what Concord defense attorney Eric Dubelier (the only Russian firm to challenge Mueller’s indictment in court) told the court when the a Court and the Special Counsel failed to follow through on their obligations to justice (https://www.washingtontimes.com/news/2019/jan/5/attorney-quotes-animal-house-counter-mueller-evide/)

    “Flounder, you can’t spend your whole life worrying about your mistakes! You f**ked up … you trusted us. Hey, make the best of it.’”

    Mr. Dubelier is one of the few white hands (in the fashion of Ms. Sidney Powell) in this whole farce. Like Ms. Powell, Mr. Dubelier was so incensed by the government’s entrapment, malicious prosecution, and miscarriage of justice against a Vietnam war hero and senior Secret Service Special Agent, that he successfully and pro bono represented the Secret Agent against Obama’s/Holder’s DoJ in the debacle that came to be known as “The Africa Sting Operation.”
    (https://www.reedsmith.com/en/news/2012/07/reed-smiths-eric-dubelier-named-a-2012-pro-bono-ch)

    I do not know Mr. Dubelier, but after I became aware of what, outside of legal circles, was a little known case Worthy of a Clint Eastwood movie (Richard Jewell x 10) Special Agent Robert Patrick Cheney was VP Cheney’s lead Secret Service Agent (coincidence?!) and fell into a trap intended to “decapitate” the commercial arms industry at the annual Las Vegas Shot Show after the Obama Administration failed to do so in Fast and Furious. Thanks to Mr. Dubelier, they failed to do so in this case as well.

    If you care about the Second Amendment, the Fourth Amendment, equal protection under the law, or political prosecutions, or are a fan of Sidney Powell, please read up about Mr. Dubelier and Amt. Caldwell and his silver star (If I had any talent, or if I had connections with Sidney Powell or Clinton Eastwood, I’d write the book and the movie script for Mr. Caldwell’s life story).

    Like

  18. iconoclast says:

    The whole impeachment charade is purposefully designed and timed to distract from this kind of news. The cooperation of the lamestream media is a vital part of the strategy. Much of the American public relies on CNNWaPoNYTimesNBCMSNBCPBSCBSABCAP for their information. All of these propaganda outlets are dutifully reporting on impeachment, not FISA abuse, not spying, not the coup.

    This is the Deep State in full operational mode. All hands are on deck, at DOJ, FBI, CIA, media, et al. They’re fighting for their very existence.

    Like

  19. BigTalkers says:

    And who knows…

    This could even be intended as the beginning of an effort to exonerate Gen Flynn and the others innocently caught up in the former Govt’s cabal, or at least a public statement recognizing it.

    Like

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