Tom Fitton: Reform Isn’t Going To Fix FISA Problems Without Accountability for Prior Abuse…

In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

~ Something has to happen this week ~

AG Bill Barr traveled to Capitol Hill today for meetings with House and Senate leadership.  However, Tom Fitton is correct in this interview.  Nothing currently being called “reform” is going to address abuse when those who abused the system are not held accountable.

This entry was posted in 4th Amendment, AG Bill Barr, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Dept Of Justice, Donald Trump, FBI, IG Report FISA Abuse, Legislation, media bias, Notorious Liars, President Trump, propaganda, Spygate, Spying, Uncategorized, USA. Bookmark the permalink.

139 Responses to Tom Fitton: Reform Isn’t Going To Fix FISA Problems Without Accountability for Prior Abuse…

  1. Donzo says:

    All the legal repercussions for FISA fraud are already In the US Code and the evidence of FISA fraud/abuse is piling up against the walls of the Deep State, enough to topple it. It’s a matter of righteous men and woman employing the Law and prosecuting the offenders. New FISA reforms floated as fixes are meaningless if the wherewithal to prosecute current criminal behavior is absent as at least appears to be the case so far. Barr’s bizarre presence on the Hill pushing a clean renewal let’s cat out of the bag, or does it? He might as well wear a sign, “Deep State Lobbyist” or else he’s up to something. It’s all too obvious and makes me wonder if this is not as it appears on the surface for he’s not generally known to wear his vest unbuttoned or, in this case, no clothes eat all. We already know he wants to save the institution of the DOJ which includes all of its powers. Could this be his way of saying he’s going to go nuclear? I’m not promoting any “trust the plan” crap, but this doesn’t smell right. Barr giving Trump the middle finger does not compute unless he already knows he’s on the way out the door after opposing Trump so brazenly last week. It’s a mystery or Barr has completed his mission and wants to get to the gold course.

    Like

    • Donzo says:

      Golf course

      Like

    • j'accuse says:

      Barr recommending a clean renewal at this point is the equivalent of him approving of the handling of the Carter Page FISA warrant by DOJ/FBI and the FISC. I read the FISC opinion that (after 3 years) barred at least temporarily the persons who handled the Page warrant from appearing our submitting papers to the court. But the decision grossly minimizes the evidence of the crimes committed and clearly follows a script that is already by written by the lawyers and officials involved based upon a narrow reading of Hororwitz’s report and blatantly ignoring or cherry picking other evidence regarding the preparation and submission of the false warrant affidavit.

      Why didn’t the FISC conduct it’s own fact-finding hearing long ago based on it’s contempt powers? Or does it not have any which would make it even less like a true court of law. There was no logical reason to wait for an internal report from the IG and the FISC should have acted as soon as it got notice of the issues and I would expect that these judges read the newspapers.

      I don’t expect any grand reckoning at this point. I think the senators will end up throwing Rand Paul a bone by renewing a statute he authored and go ahead and renew FISA on schedule. It’s easy to see that the FISC isn’t an independent court but is fused to FBI/DOJ and obeys their commands. At least Americans who care about such things as the Constitution are on notice they have a rogue police agency in Washington operating in secrecy and with impunity. People in a democracy get the government they deserve.

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  2. noswamp says:

    Barr’s complaining about Trump rather than doing his job and sending the perps of the coup to prison tells me everything I need to know. Durham will be a whitewash of lower level folks being arrested and everything will end there. Barr will not allow Comey or Clapper or anyone of the coup leaders to even be indicted. Barr wants to continue to spy on the president.

    Just my opinion.

    Liked by 2 people

  3. Bendix says:

    I want complicit judges to be removed from the bench, at the very least.

    Liked by 2 people

  4. OhNoYouDont says:

    03.10.20

    Leahy and Lee Introduce Bipartisan FISA Reform Bills
    https://www.leahy.senate.gov/press/leahy-and-lee-introduce-bipartisan-fisa-reform-bills

    WASHINGTON – Senators Patrick Leahy (D-Vt.) and Mike Lee (R-UT) Monday introduced the “USA FREEDOM Act” and the “USA FREEDOM Extension and Amici Curiae Reform Act,” two bills that provides federal law enforcement the tools they need to protect Americans from foreign powers while also better protecting the civil liberties of all Americans.

    “I have been working with Senator Lee for years to rein in our nation’s surveillance authorities, which are still clearly too susceptible to abuse,” Sen. Leahy said. “Our legislation today would end the mass collection of call detail records, improve transparency and accountability, and increase privacy and civil liberties protections for all Americans. Recognizing that passing broad surveillance reform can take time we are also introducing a bill that pairs a short extension with significant reform of the amicus curiae process. We look forward to fighting for the comprehensive FISA reform Americans deserve.”

    “Our Founding Fathers knew well the danger of a government with the power to snoop through the private communications of law-abiding Americans. They included the Fourth Amendment in the Bill of Rights to limit the government’s ability to spy on its citizens,” Sen. Lee said. “This bill brings much needed common sense reforms to our federal government’s foreign surveillance programs so that Americans’ civil liberties are not violated again.”

    On March 15th, four provisions of the Foreign Intelligence Surveillance Act are scheduled to expire:

    The NSA Call Details Record Program (50 U.S.C. §1861),
    1. The “business records” provision (50 U.S.C. §1861),
    2. The “roving wiretaps” provision (50 U.S.C. §1805(c)(2)(B)), and
    3. The “lone wolf” provision (50 U.S.C. §1801(b)(1)(C)).
    4. With these authorities set to expire within a week, Sens. Leahy and Lee introduced the USA FREEDOM Act of 2020. This bill:

    * Ends the Call Detail Records program.

    *Strengthens First Amendment protections by changing the standard for surveillance under Section 215 based on First Amendment protected activities from “solely” to “substantially”.

    * Prohibits collection of business records without a warrant if law enforcement would require a warrant for the same search.

    * Requires a showing of probable cause that a known U.S. person is an agent of a foreign power or has been or will soon be involved in an act of terrorism or in clandestine intelligence activities in violation of the law for Section 215 warrants.

    * Excludes the following from the definition of “tangible things” under Section 215: cell site location information, global positioning system (GPS) data, internet web browsing information, internet search history and medical and health-related records.

    * Requires disclosure of decisions by the Foreign Intelligence Surveillance Court (FISC) or the Foreign Intelligence Surveillance Court of Review (FISCR) to include opinions that address the meaning of “specific selection term”, involve amicus curiae, or address the prohibition on obtaining authority for a search that would require law enforcement to obtain a warrant.

    * Requires that a court-appointed amicus have an expertise in privacy and civil liberties.

    * Requires the FISC to appoint an amicus curiae in cases involving a “sensitive investigative matter” defined as involving a public official, candidate, religious or political organization or staff thereof, or news media within the United States or a matter the FISC finds to be of similar sensitive nature.

    * Expands amicus duties from raising general privacy and civil liberties arguments to include raising “legal arguments regarding any colorable privacy or civil liberties interest of any aggrieved United States person”.

    * Allows amicus, once appointed, to raise any issue with the court at any time. Also, allows amicus to petition FISC to certify a question of law to the FISCR and may seek certiorari from the Supreme Court to review any FISCR decision.

    * Provides amicus with access to all court documents, including relevant decisions and precedents relied upon by the government.

    * Requires the government to turn over any “material” information “including any exculpatory information” as part of its application.

    * Requires the Inspector Generals of the intelligence community and DOJ to audit FISA applications from the preceding year.

    * Finally, the bill extends the expiring Section 215 business records provisions, the roving wiretaps provisions and the lone wolf provisions through December 2023.

    In addition, with these authorities set to expire within a week, Senators Leahy and Lee also introduced a short three-month extension of the FISA authorities that is coupled with significant reform of the FISA amicus curiae process, the USA FREEDOM Extension and Amici Curiae Reform Act. This bill pairs the amicus reforms included in the larger USA FREEDOM Act with a short-term extension designed to provide Congress time to come to a larger agreement about the necessary reforms.

    # # # # #

    Like

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