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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.
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Sunday Talks: Jim Jordan Discusses FBI, Flynn Prosecution, Rosenstein, Page, Strzok, and How it all Connects…

Ohio congressman Jim Jordan appears with Maria Bartiromo to discuss the full background of the FBI surveillance impetus and how the bigger picture brings all of the government activity forward to the actions behind an impeachment trial.
In the full picture, the totality of government effort, the arc of all swamp action, has been to remove a president who is everything these administrative state officials oppose.  It is the independence of a Peoples’ President that represents the threat to the system…


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DOJ Filing – Former Deputy AG Rod Rosenstein Admits to Authorizing Release of Lisa Page and Peter Strzok Text Messages…

It has always been a curious question about who released the controversial text messages between FBI lawyer Lisa Page and FBI Supervisory Agent Peter Strzok.  In a DOJ court brief (full pdf below) in support of a motion to dismiss the lawsuit of Peter Strzok, former Deputy AG Rod Rosenstein explains how and why he authorized the release:
It would have been a little more interesting if Rosenstein could have narrowed down the timing of OIG notification from “in the summer of 2017”, as it would outline specifically when Rosenstein became aware of the controversial issue.  Before or after he joined the crew in authorizing -and signing- a false FISA application?….
Obviously, at least in my opinion, the lack of specificity here is evidence of Rosenstein’s CYA motive.  If Rosenstein was aware of the texts from inside the key participants of the Crossfire Hurricane team, prior to authorizing the third FISA renewal… he was either a complete doofus, or complicit and willfully blind.   I digress.
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Chaff and Countermeasures? – Timed During Impeachment, Another Report of Former FBI Director James Comey Under Investigation…

Another New York Times report of James Comey under investigation for unscrupulous, potentially illegal, leaks surrounding the FBI Clinton investigation. However, a note of caution: is this simply chaff and countermeasures intended to keep the heat off corruption monitors Bill Barr and John Durham?

In 2018 congressman Jim Jordan noted James Comey had a special employee on assignment ‘off-the-books’.  People started asking questions and Fox News Catherine Herridge detailed how Daniel Richman held special access privileges to the FBI, as an outcome of former FBI Director James Comey authorizing his friend as a “Special Government Employee” or SGE.
According to The Times the current issues surround media leaks from James Comey to his “special FBI employee” friend Daniel Richman related to the Clinton investigation:

(VIA NYT) […] The latest investigation involves material that Dutch intelligence operatives siphoned off Russian computers and provided to the United States government. The information included a Russian analysis of what appeared to be an email exchange during the 2016 presidential campaign between Representative Debbie Wasserman Schultz, Democrat of Florida who was also the chairwoman of the Democratic National Committee at the time, and Leonard Benardo, an official with the Open Society Foundations, a democracy-promoting organization whose founder, George Soros, has long been a target of the far right.

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Sketchy Changes to IG FISA Report Cover-Up Major Discrepancy in First Version…

There was a major discrepancy in the Inspector General report on FISA abuse, that appears to have been overlooked and casts a considerable cloud upon the DOJ Office of Inspector General and Michael Horowitz.
In chapter ten of the report, on page #312 you will find the following information.  The claim is that no-one in the FBI initiated any use of “Confidential Human Sources” into the campaign prior to opening the Crossfire Hurricane investigation.  Read Carefully:

(Page #312 – pdf link)

“In our review, we did not find any evidence that the FBI used CHSs or UCEs to interact with members of the Trump campaign prior to the opening of the Crossfire Hurricane investigation.”…

However, in the very next chapter (#11, page #400), in the original IG report as released on December 9th, 2019, you will find the following statement:
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Sunday Talks: Steve Bannon Discusses Senate Impeachment Trial and Connects to Bigger Picture…

Former White House Chief Strategist Steve Bannon joins Sunday Morning Futures to discuss rising support for democracy around the world and connects the movement to the impeachment effort against President Trump.  Big Stuff. Big Ugly type stuff.
A fired-up Bannon looks at the Senate impeachment trial as the “trial of the century”, where the professional political class gets brought into the trial and the framework becomes an expose’ on how President Trump is willing to take down the system.


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FBI Protecting and Hiding Sketchy FBI Agent Joseph Pientka?…

With increased scrutiny toward the actions, and lack thereof, from current FBI Director Christopher Wray, another sketchy aspect deserves some scrutiny.
Hat Tip Techno-Fog for noting some remarkable FBI activity.

Supervisory Special Agent Joseph Pientka III was first identified by Senator Chuck Grassley in May of 2018 as the second FBI agent involved in the 2017 interview of Lt. General Michael Flynn.
Frustrated by the FBI stonewalling his Senate inquiry, Chairman Grassley dropped the revelation publicly on May 11th, 2018, in a letter to the FBI.

[…] the Committee’s oversight interest in the underlying documents requested more than a year ago now outweighs any legitimate executive branch interest in withholding it. So too does the Committee’s interest in learning the FBI agents’ actual assessments of their interview of Lt. Gen. Flynn, particularly given the apparent contradiction between what then Directory Comey told us in March 2017 and what he now claims.
[…] In addition, please make Special Agent Joe Pientka available for a transcribed interview with Committee staff no later than one week following the production of the requested documents… (link)

The FBI never produced Supervisory Special Agent (SSA-1) Joe Pientka for Chairman Grassley’s committee, and the conflict between the Senate Judiciary Committee and the FBI was never reconciled.  (The DOJ/FBI made it to the safety of the mid-term election.)
Additionally, every single document containing information about the investigative activity of FBI agent Pientka has kept his name redacted.  Not a single DOJ/FBI document has ever included his name.
However, around two months after Grassley outed his identity; we discover from the Inspector General that the DOJ-NSD (National Security Division) admitted to the FISA court that Agent Pientka was significantly less than forthcoming with “factual omissions” in the Title-1 surveillance application he assembled against Carter Page.
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Has President Trump Forgotten The Declassification Material He Delayed then Deferred?…

President Trump asks: “Are these “dirty cops” going to pay a big price for the fraud they committed?” 

However, the only person who can honestly answer that question is the person in the mirror when President Trump brushes his teeth.   Perhaps forgotten…
In the spring of 2018 a group of congressional reps led by Devin Nunes, Mark Meadows, Jim Jordan, Matt Gaetz, Louie Gohmert, Lee Zeldin and Bob Goodlatte, asked President Trump to declassify a series of documents so the public could see how former officials in the DOJ & FBI abused their offices and conducted political surveillance.
In September of 2018, Deputy Attorney General Rod Rosenstein asked President Trump not to declassify those same documents until after the Mueller probe was complete.  Rosenstein informed the President (confirmed in later POTUS interviews) that declassifying the material could be interpreted as impeding the Mueller investigation.
Two months later, in November 2018, the mid-term election took place.  Republicans lost the House and their committee chairs.  Many people suspected (I concur) the mid-term election was the real motive for the Sept. 2018 request from Rosenstein.  Four months after the mid-term, March 2019, the Mueller investigation of President Trump ended.
Two months after the Mueller probe ended U.S. Attorney General Bill Barr, a profoundly supportive voice for DAG Rosenstein, asked President Trump to grant him unilateral declassification authority to assist the purposes and intents of his DOJ effort.  President Trump granted U.S. Attorney General Bill Barr with the authority to declassify on May 23rd, 2019; granting access to the same documents requested by congress a year earlier.
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FBI Director Chris Wray Responds to FISA Court – More Training, More Promises, No Mention of Accountability…

In June 2018, in response to an IG investigation, while denying the FBI had any political bias, FBI Director Christopher Wray promised anti-bias training for all agents. In response to the “challenges” identified by the report, the FBI “appreciates the opportunity” to provide more “support” to our employees. [June 14th, 2018]

In December 2019, in response to another IG investigation, while denying FBI agents would intentionally act illegally, FBI Director Christopher Wray notified the FISA court a Senior FBI investigative lawyer named Kevin Clinesmith intentionally falsified evidence on a FISA application.
In response to the FBI notification, late December 2019 the FISA court demanded to know what corrective actions the FBI was going to take; and what other applications FBI Lawyer, Kevin Clinesmith, was involved in.
In response today (full pdf below) FBI Director Christopher Wray promises more training.
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Bill Barr DOJ Recommends Prison For Michael Flynn…

Unfortunately we anticipated the DOJ reversing their prior sentencing recommendations for Michael Flynn and that’s exactly what has happened.
In the 2018 sentencing recommendations prosecutors recommended probation. However following Flynn’s unsuccessful effort to access material evidence favorable to his defense, federal prosecutors under U.S. Attorney General Bill Barr are now requesting Michael Flynn be sent to prison for a sentence of up to six months.

(pdf Link – full DOJ sentencing recommendation)

Flynn is scheduled to be sentenced by Judge Emmet Sullivan on Jan. 28, 2020.
The irony here is the DOJ used the threat of FARA charges to compel the guilty plea.  The DOJ then went after Flynn’s former partner Bijan Rafiekian on those exact FARA charges Flynn plead guilty to avoid.  Mr. Rafiekian’s sketchy DOJ conviction was overturned and the indictment against him dismissed in September by a federal judge who said there was insufficient evidence to sustain the case.
The case against Rafiekian was dismissed. However, the case against Flynn, which was based on Flynn’s effort to avoid the case against Rafiekian, will likely see Flynn serving prison time.  No prison for Rafiekian, and prison for Flynn.  Go figure.
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