Archive for the ‘FISA/FISC’ Category

During his interview with Maria Bartiromo this morning, Devin Nunes talked about the corruption within the Foreign Intelligence Surveillance Court, aka the FISC. House Intelligence Committee Republicans have been questioning the FISC’s integrity. Thus far, the FISC’s replies suggest a cover-up. Rather than answering Republicans’ questions, the FISC has stonewalled and given platitudes for answers. At this point, there’s a strong chance that FISA won’t be renewed when it expires this year.

Rep. Nunes expressed his frustration with the FISC during his interview with Bartiromo:

“It’s hard to imagine a worse person the FISC could have chosen outside [James] Comey, [Andy] McCabe, or [Adam] Schiff,” Nunes said. Speaking to Fox News contributor Sara Carter, Nunes added: “It’s a ridiculous choice. The FBI lied to the FISC, and to help make sure that doesn’t happen again, the FISC chose an FBI apologist who denied and defended those lies. The FISC is setting its own credibility on fire.”

It’s important to fill in the details:

The Foreign Intelligence Surveillance Court (FISC) has stunned court-watchers by selecting David Kris, a former Obama administration lawyer who has appeared on “The Rachel Maddow Show” and written extensively in support of the FBI’s surveillance practices on the left-wing blog Lawfare, to oversee the FBI’s implementation of reforms in the wake of a damning Department of Justice inspector general report last year.

The development on Friday, first reported by independent journalist Mike Cernovich, has roiled Republicans who have demanded accountability at the FBI. House Intelligence Committee ranking member Devin Nunes, R-Calif., told The Daily Caller that Kris’ appointment was “shocking” and “inexplicable.”

Quite frankly, this is what’s meant by the fox meeting the henhouse. By all accounts, Kris is the personification of the Swamp. Putting the Swamp in charge of reforming the Swamp is something that only the Swamp would think is reasonable. The truth is that this truly jeopardizes FISA.

If this is how unserious the FISC is, then they shouldn’t expect support from either side of the political aisle. There’s too much trust invested in the FISC to let it be untrustworthy. In fact, a total overhaul of that institution is warranted:

Earlier this month, the secretive Foreign Intelligence Surveillance Court (FISC) ordered the FBI to re-verify all previous warrant applications involving the FBI attorney who falsified evidence against the former Trump campaign aide Carter Page. However, Fox News has learned the court did not order the FBI to double-check warrant applications involving other officials who made key omissions and errors in warrant applications as the bureau sought to surveil Page.

The FISC’s failure to request a comprehensive evaluation of previous submissions has stunned court-watchers who have questioned whether enough is being done to deter future misconduct by the FBI. In the past, the FISC has gone so far as to prohibit some FBI agents from appearing before the court after finding impropriety.

What’s needed is a reform-minded person to fix the FISC. In fact, I’d argue for hiring someone from outside the FISC to help with the reformation. Andy McCarthy or Trey Gowdy would be at the top of that short list, as would Michael Mukasey. This isn’t the type of thing that I’d entrust to leftists. They aren’t trustworthy. Before reforming the FISC, I’d put together a commission to determine what reforms and safeguards were needed. Mssrs. McCarthy, Gowdy and Mukasey need to serve on that commission. Ditto with Joe Lieberman and Evan Bayh.

Eliminating the FISA Court likely isn’t a legitimate option. That being said, keeping it in its current structure isn’t a legitimate option, either. This needs to get fixed immediately. And I mean fixed, not tampered with.