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Action Alert – ODNI Release of FISA Court Review Reveals Alarming Disconnect That Must Be Discussed Before FISA-702 Reauthorization

There is a major issue within the use of the FISA-702 authority that must be immediately understood.  A silo problem that is not being discussed within Congress as the potential for FISA-702 reauthorization is looming.

I’m setting aside my opinion of the entire process in order to just outline the facts as they appear.  I am not in support of any of this FISA process; nor do I support the baseline premise of the NSA database capturing the private electronic communication of Americans, which I do not believe is legislatively authorized to exist.

The Office of the Director of National Intelligence (ODNI) recently released the 2023 FISC opinion on FISA-702 activity as reported by the NSA, FBI and to a lesser extent CIA and NCTC [REPORT HERE].

In this report, the Foreign Intelligence Surveillance Court (FISC) is reviewing legal compliance by the NSA and FBI in accessing the NSA database that houses the private electronic records, metadata, of every American.  This is the core of the FISA-702 authorization, where 702 indicates an American citizen protected from illegal searches and seizures by the Fourth Amendment.

The NSA database contains the private electronic data (metadata) of every single American – including emails, text messages, social media posts, instant messages, direct messages, phone calls, geolocation identifiers, purchases by electronic funds, banking records and any keystroke any American person puts into any electronic device for any reason. [A big issue here is the use of Two-Factor Authentication (2FA) but that’s for a different article.]

The 2023 FISC report reviews the action of the FBI and NSA to ensure compliance with rules and restrictions in the search of this database.

The NSA and FBI report violations of the process to the FISA Court; this is somewhat of an honor system.  You may have heard FBI Director Christopher Wray recently saying they have reduced the number of unauthorized searches of this database by 80%.  The FBI has presumably tightened up the rules and restrictions on who and how this database can be searched.

The ODNI release only covers the compliance of the NSA and FBI (and the CIA and NCTC) to the FISA-702 rules.  The CIA and NCTC are foreign mission authority only, therefore they should never even be involved in searching American citizens.

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ODNI Releases 2023 FISA Court Compliance Audit, Opinion and FISC Reauthorization – 117 Page PDF

If anyone else wants to climb in here and read this report [pdf DATA HERE], drop your review notes in the comments.  It’s going to take me a day or two to finish making all my notes.

The Office of the Director of National Intelligence [ODNI] has released a 117-page April 2023 order/opinion by the Foreign Intelligence Surveillance Court [FISC] about the compliance audit conducted by internal review as the U.S. intelligence agencies seek reauthorization.   Everything FISC happens in secret, and the report is heavily redacted; however, some interesting information can be obtained if you read the report carefully.

Here’s an example.  The FISC is now agreeing with the NSA and FBI that all search logs and audit trails should be erased after 10 years from query.  That means every audit trail from the period up to August 2013 is about to be erased.  That means almost all of the Obama era search queries will disappear before the next administration takes office.

They are not erasing our data; they are erasing the logs of their search inquiries into our data.  FU!

[Source, page 27 – FISC opinion, 2023]

Readers here know my position.  I do not believe the FISA court is needed; nor do I believe the NSA, FBI, NCTC or CIA should have any search access to the metadata [full scope electronic records] of American Citizens without a court order.

The DOJ and FBI should go to the ordinary federal courts for search warrants.  The CIA and National Counterterrorism Center (NCTC) both have foreign service missions, so they do not need access to American citizen metadata (702 acquired).  Why would the CIA and NCTC need to snoop into the private data of American citizens when their legislative authority forbids them from conducting domestic surveillance?    Additionally, the NSA should not contain a lifetime repository for all electronic records of American citizens.  That’s my opinion.

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President Trump Newsmax Interview – Video Replay

President Trump called in to Newsmax for an interview about the recent IRS whistleblower claims against Joe Biden and other current political issues {Direct Rumble Link}.

Obviously, President Trump has a unique perspective on the issue of weaponized government as no one has been targeted by this corrupt system more than him.  It’s quite remarkable that President Trump continues moving forward against the scale of this corruption deployed against him.  WATCH:

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President Trump Reveals Jack Smith Targeting Letter Delivered to Attorneys Sunday Night

Using his Truth Social account, President Trump shares information that Special Counsel Jack Smith intends to prosecute Donald Trump using a lawfare construct surrounding the events on January 6, 2021. [Truth Social Source]

Using twisted legal theories as advanced by the Lawfare agents behind him, special counsel Jack Smith is reportedly trying to construct criminal charges around a conspiracy to defraud the United States and obstruction of an official proceeding.

Under this stretched legal theory, President Donald Trump simply by contesting the 2020 election, is responsible for efforts to stop Congress’ certification of President Joe Biden’s presumed electoral victory.  According to the criminal approach, contesting an election result is an effort to defraud the US Government.

It seems rather odd because it is nuts.

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Inside Ray Epps Lawsuit Against Fox News, Plaintiff Contends DOJ Notified Him in May They Would “Seek to Charge Him Criminally”

Something is suspicious about this in the presentation, the timing and even the wording.

Ray Epps was a guy who attended the events in/around Washington DC on January 5th and January 6th, 2021.  There is a lot of video footage of Ray Epps instructing people to go to the Capitol building.  Despite a rather voluminous amount of evidence, Ray Epps was never charged with any conduct related to the events of January 6th.

According to a lawsuit Epps filed against Tucker Carlson and Fox News claiming the outlet targeted and defamed him, Ray Epps states, “in May 2023, the Department of Justice notified Epps that it would seek to charge him criminally for events on January 6, 2021—two-and-a-half years later.”  [lawsuit citation – pg 41]

[Source Citation]

First, since when does the DOJ inform a suspect in advance they are seeking to charge him?  Second, timing.  It is now mid-July; where’s the indictment?  Third, the wording is suspicious – the DOJ would “seek to charge him criminally.”   Meaning, the Dept of Justice told Epps they were going to make efforts to arrest him?

Considering the lawsuit itself if dependent on a very specific narrative; and considering the lawsuit itself if dependent on a sympathy construct within that narrative; and considering the media narrative has been about wrongly targeted Epps by right-wing disinformation white nationalists, something is not passing the sniff test.

Suspicious Cat remains, well, suspicious.

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Representative Matt Gaetz Has Fiery Exchange with FBI Director Chris Wray Asking, “Are You Protecting the Bidens?”

Representative Matt Gaetz (R-FL) expresses a great deal of contempt for FBI Director Chris Wray during questioning today.

From the topic of FBI conduct in the Hunter Biden investigation to the FBI surveillance of American citizens through unauthorized and illegal database searches, Matt Gaetz goes full wolverine on the FBI director.  WATCH: 

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CBS Report, Mysterious DoD Iran Attack Memo Does Not Exist and Is Not Part of Jack Smith Case Against Trump

I’m not going to say I toldyaso; I’m just smiling.

After a full media cycle of apoplexy and pearl-clutching, which included Andrew Weissmann appearing on MSNBC to declare “It’s the end of Trump,” CBS is now reporting there is no Defense Department memo about attacking Iran – the foundation of the media claims surrounding the leaked audio tapes from Special Counsel Jack Smith.

Worse still, and exactly as CTH previously outlined, despite the claims by CNN about how this audio would be used as the “central element” by the prosecution of Trump, the audio and mysterious memo are not part of the Special Counsel case.

So, why was the transcript of the audio recording used by Jack Smith in the indictment if the audio and nonexistent memo were never going to be used?  Because it’s Lawfare, that’s why.  Everything, yes including the specific language being deployed (ie “documents containing classification markings“), is hype for public consumption.

(Via CBS) – The Defense Department memo on Iran — at the heart of the now-public audio recording that captured a July 2021 meeting with former President Donald Trump — is not part of the 31 counts of willful retention of national defense information charged in special counsel Jack Smith’s indictment of the former president, a source familiar with the matter confirmed to CBS News. 

[…] The document and recording are described in the indictment Smith’s team secured against Trump earlier this month, recounted as an alleged meeting with “a writer, a publisher, and two members of” Trump’s staff, “none of whom possessed a security clearance.”  But according to a source familiar with the matter, Trump was not charged with unlawfully holding onto the Iran-related document discussed in the recording.

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Judge Cannon Slaps Down Special Counsel Effort for Special Lawfare Rules Restricting Trump (or Take Him to Prison Until Trial)…

I will say it until people understand.  Lawfare is a specially constructed approach to weaponize the judiciary to create narratives for public consumption; it is the abnormal and twisted application of granular legal language, and as a result it requires oddball motions to support it.

The DOJ previously filed a motion for “Special Conditions of Release” to restrict President Trump’s defense from knowing or discussing the super-secret evidence and witnesses the special prosecutor plans to use against him.  The motion was essentially that if President Trump refused the super special terms and conditions of the motion, then Judge Cannon should put him in leg irons in federal prison until he can be tried and convicted.

The special counsel wants everything kept under seal, quiet and invisible to the public so the omnipotent arbiters of justice can appropriately shape the narrative they prefer.

The Jack Smith team cannot have President Trump being all uncontrolled, willy-nilly and making fun of their case, while talking about his targeting in such a manner as their super-secret witnesses would be exposed to such duplicitous snark and horrible influence.

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Convicted Oath Keeper Jessica Watkins Was Set Up by Federal Agent Posing as “1% Watchdog”

I do not know all the details of her case, trial and subsequent conviction; however, I do know Jessica Watkins and other Oath Keeper members were entrapped by a federal agent organizing activity under the username “1% Watchdog.” I am certain of this element because the J6 committee falsely accused me of being that user. {GO DEEP}

The Gateway Pundit ran an article today [SEE HERE] which includes an interview from prison with Ms. Watkins, who continues to claim her innocence. Ms. Watkins gave an interview to Flip the Switch with Jenn {Direct Rumble Link} video and audio below:

Again, I do not know Ms. Watkins or any of her allies and associates.  However, the subpoena I received from the J6 Commitee, specifically identified her as one of the people they falsely claimed I was associated with.  I have unredacted her name from the subpoena below in the hopes that her legal team (if any) can see the value it presents.

I have written about the entrapment issue HERE, as well as the value that should be clearly evident.  Counselors – On behalf of your client(s) file a motion with the judge requesting a court order compelling Zello to give up the registration records of the ‘Stop the Steal J6’ channel.  This will identify the person behind “1% Watchdog”.  If federal prosecutors fight the request for the court order, well: (a) there’s your answer; and (b) take the next step of using the preexisting congressional subpoena as evidence to support your compulsion.

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Jack Smith Reverses Course, Asks Florida Judge to Delay Trial Against President Trump

If you accept a very specific outlook into the mindset of the Lawfare operatives (Weissmann, Eisen, Berke, McCord et al) as strategic thinkers -the brain trust- behind the Special Counsel Jack Smith prosecution, then you might see the dynamic in this story.

Previously, amid his grand prose and proclamations outlining his spectacular and magnificent legal constructs, wunderkind Jack Smith was so confident in his case he strategically announced he would demand a “speedy trial” in order to preserve the great American democracy.

If you see Lawfare as a narrative construct, the pontification made sense.

However, less than two weeks later, suddenly the ever-confident Jack Smith is reversing his position and asking Florida Judge Cannon to delay the trial.

(Via NBC) – Special counsel Jack Smith has asked the judge overseeing former President Donald Trump’s classified documents case to delay the start of his criminal trial until December.

The request came in a series of new motions filed late Friday by the special counsel.

U.S. District Judge Aileen Cannon had set a tentative date of Aug. 14 for the start of the trial. (more)

Remember, Lawfare is first and foremost a narrative construct intended for public media consumption.  Lawfare originates from the perspective of an established legal goal, and then all of the activity is structured around supporting that goal.  [A version of find me the man I’ll find you the crime.]

Lawfare is the opposite of following evidence.  In fact, in its purest and most visible form, political Lawfare actually requires the ignoring of evidence.

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