Archive for December 14th, 2019

The Pronk Pops Show 1373, December 11, 2019, Part 1 of 2: Story 1: Real Abuse of Power — 17 Major Errors, Mistakes and Omissions — Mislead The Foreign Intelligence Surveillance Act Court —  Clinton Obama Democrat Criminal Conspiracy Revealed — Big Lie Media Lied to American People and Still Lying — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 1373 December 11, 2019

Pronk Pops Show 1372 December 10, 2019

Pronk Pops Show 1371 December 9, 2019

Pronk Pops Show 1370 December 6, 2019

Pronk Pops Show 1369 December 5, 2019

Pronk Pops Show 1368 December 4, 2019 

Pronk Pops Show 1367 December 3, 2019

Pronk Pops Show 1366 December 2, 2019

Pronk Pops Show 1365 November 22, 2019

Pronk Pops Show 1364 November 21, 2019

Pronk Pops Show 1363 November 20, 2019

Pronk Pops Show 1362 November 19, 2019

Pronk Pops Show 1361 November 18, 2019

Pronk Pops Show 1360 November 15, 2019

Pronk Pops Show 1359 November 14, 2019

Pronk Pops Show 1358 November 13, 2019

Pronk Pops Show 1357 November 12, 2019

Pronk Pops Show 1356 November 11, 2019

Pronk Pops Show 1355 November 8, 2019

Pronk Pops Show 1354 November 7, 2019

Pronk Pops Show 1353 November 6, 2019

Pronk Pops Show 1352 November 5, 2019

Pronk Pops Show 1351 November 4, 2019

Pronk Pops Show 1350 November 1, 2019

Pronk Pops Show 1349 October 31, 2019

Pronk Pops Show 1348 October 30, 2019

Pronk Pops Show 1347 October 29, 2019

Pronk Pops Show 1346 October 28, 2019

Pronk Pops Show 1345 October 25, 2019

Pronk Pops Show 1344 October 18, 2019

Pronk Pops Show 1343 October 17, 2019

Pronk Pops Show 1342 October 16, 2019

Pronk Pops Show 1341 October 15, 2019

Pronk Pops Show 1340 October 14, 2019

Pronk Pops Show 1339 October 11, 2019

Pronk Pops Show 1338 October 10, 2019

Pronk Pops Show 1337 October 9, 2019

Pronk Pops Show 1336 October 8, 2019

Pronk Pops Show 1335 October 7, 2019

 Pronk Pops Show 1334 October 4, 2019

Pronk Pops Show 1333 October 3, 2019

Pronk Pops Show 1332 October 2, 2019

Pronk Pops Show 1331 October 1, 2019

Pronk Pops Show 1330 September 30, 2019

Pronk Pops Show 1329 September 27, 2019

Pronk Pops Show 1328 September 26, 2019

Pronk Pops Show 1327 September 25, 2019

Pronk Pops Show 1326 September 24, 2019

Pronk Pops Show 1325 September 23, 2019

Pronk Pops Show 1324 September 20, 2019

Pronk Pops Show 1323 September 19, 2019

Pronk Pops Show 1322 September 18 2019

Pronk Pops Show 1321 September 17, 2019

Pronk Pops Show 1320 September 16, 2019

Pronk Pops Show 1319 September 13, 2019

Pronk Pops Show 1318 September 12, 2019

Pronk Pops Show 1317 September 11, 2019

Pronk Pops Show 1316 September 10, 2019

Pronk Pops Show 1315 September 9, 2019

Pronk Pops Show 1314 September 6, 2019

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Story 1: Real Abuse of Power — 17 Major Errors, Mistakes and Omissions — Mislead The Foreign Intelligence Surveillance Act Court —  Clinton Obama Democrat Criminal Conspiracy Revealed — Big Lie Media Lied to American People and Still Lying —  Videos

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FISA ISSUES: IG Michael Horowitz Outlines BIAS Against President Trump

Lindsey Graham rips FBI over Russia probe: full video

FBI EXPOSED: Lindsey Graham DETAILS Massive FBI Bias Against President Trump

Full Interview: Barr Criticizes Inspector General Report On The Russia Investigation | NBC News

Cruz on spying: This wasn’t Jason Bourne, this was ‘Beavis and Butt-head

The Five’ breaks down IG report hearing’s biggest bombshells

Graham sends warning to FBI officials responsible for FISA abuse

Tucker: Media silent on the lies they spread

IG report hearing part 1: Lindsey Graham’s opening statement

IG report hearing part 2: Dianne Feinstein’s opening statement

IG report hearing part 3: Michael Horowitz’s opening statement

IG report hearing part 4: Lindsey Graham questions Michael Horowitz

IG report hearing part 5: Dianne Feinstein, Patrick Leahy question Michael Horowitz

IG report hearing part 6: Chuck Grassley, Patrick Leahy question Michael Horowitz

IG report hearing part 7: Senators question Michael Horowitz

IG report hearing part 8: Senators continue to question Michael Horowitz

PART 1: Inspector General FISA Investigation President Trump – Senate Hearing

PART 2: Inspector General FISA Investigation President Trump – Senate Hearing

Justice Department Inspector General Horowitz Testifies to Senate | NowThis

Lindsey Graham unloads on James Comey’s FBI accusing it of a ‘vast criminal conspiracy’ for using Christopher Steele’s discredited dossier to get eavesdropping warrant during Trump-Russia probe

  • Sen. Lindsey Graham opened Judiciary hearing by tearing into the Dossier’s unproven claims
  • He says John McCain showed him the dossier after it was handed to him in 2016
  • Says he said ‘Oh my God’ and concluded either Russians have something on Trump or could be ‘disinformation’
  • Blasted FBI leadership and read through anti-Trump texts of FBI lovers
  • Said FBI director Wray: ‘You got a problem’  
  • ‘It is stunning it is damning it is salacious, and it’s a bunch of crap’
  • Sen. John Kennedy on IG report revelations: ‘It made me want to heave’

Judiciary Committee Chairman Sen. Lindsey Graham opened a high-stakes hearing with the Justice Department’s inspector general by blasting ex-British intelligence officer Christopher Steele’s ‘golden showers’ dossier and the FBI for using it.

Graham said when he first saw the dossier during the 2016 campaign, it initially confronted him with the possibility Russians ‘have something’ on Donald Trump. Otherwise, he said, there could have been a Russian ‘disinformation campaign’ going on.

The South Carolinian Republican also revealed that the late Sen. John McCain, who obtained the dossier during the campaign after attending a security conference in Canada, shared it with him. Graham ran for president in 2016 as one of a bevy of Republicans.

He accused the FBI of a ‘vast criminal conspiracy’ for its handling of the FISA warrant to monitor Carter Page, a one-time Trump campaign staffer.

‘What has been described as a few irregularities becomes a massive criminal conspiracy over time to defraud the FISA court, to illegally surveil an American citizen and keep an operation open against a sitting president of the United States — violating every norm known to the rule of law,’ he said.

He said the code name for the FBI investigation, ‘Crossfire Hurricane,’ was an apt title ‘because that’s what we ended up with – a “Crossfire Hurricane.”‘

‘What happened here is the system failed. People in the highest levels of government took the law into their own hands,’ said Graham, a close Trump ally.

Sen. Lindsey Graham blasted what he called the 'golden showers' dossier, and called it a bunch of 'crap'

Sen. Lindsey Graham blasted what he called the ‘golden showers’ dossier, and called it a bunch of ‘crap’

He said McCain learned about the dossier while attending a December 2016 conference.

‘John McCain puts it in his safe, he gives it to me and I read it,’ Graham said in an angry speech before IG Michael Horowitz, who testified on his report Wednesday.

‘And the first thing I thought of was, ‘Oh my god,’ said Graham. ‘This could be Russia disinformation and they may have something on Trump.’

Graham, who has become one of Trump’s closest GOP allies in the Senate, used the term ‘golden showers’ to reference an unproven allegation from Steele’s dossier, which cited ‘perverted’ conduct inside a Moscow hotel room during the 2013 Miss Universe Pageant.

Senate Judiciary Committee Chairman Lindsey Graham (R-SC) holds up the Steel dossier as Michael Horowitz, inspector general for the Justice Department, testifies before the Senate Judiciary Committee

U.S. Justice Department Inspector General Michael Horowitz arrives to testify before a Senate Judiciary Committee hearing "Examining the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA)" on Capitol Hill in Washington, U.S., December 11, 2019

U.S. Justice Department Inspector General Michael Horowitz arrives to testify before a Senate Judiciary Committee hearing ‘Examining the Inspector General’s report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA)’ on Capitol Hill in Washington, U.S., December 11, 2019

Graham also tore into Christopher Steele, the former MI6 agent who wrote what became the dossier

Donald Trump and Olivia Culpo attend the red carpet at Miss Universe Pageant Competition 2013 on November 9, 2013 in Moscow, Russia. The IG found additional information that undermined Steele's sub-source who informed him about the unproven allegations against Trump

Donald Trump and Olivia Culpo attend the red carpet at Miss Universe Pageant Competition 2013 on November 9, 2013 in Moscow, Russia. The IG found additional information that undermined Steele’s sub-source who informed him about the unproven allegations against Trump

The DOJ's Inspector General included the information in his report

The DOJ’s Inspector General included the information in his report

President Donald Trump tweeted out a smiling photo of himself with Russian foreign minister Sergei Lavrov on Tuesday

Miss USA 2013 Erin Brady and Donald Trump (C), co-owner of the Miss Universe Organization, look on as Aras Agalarov, father of Russian singer Emin Agalarov, speaks during a news conference after the 2013 Miss USA pageant at the Planet Hollywood Resort and Casino in Las Vegas, Nevada June 16, 2013

Miss USA 2013 Erin Brady and Donald Trump (C), co-owner of the Miss Universe Organization, look on as Aras Agalarov, father of Russian singer Emin Agalarov, speaks during a news conference after the 2013 Miss USA pageant at the Planet Hollywood Resort and Casino in Las Vegas, Nevada June 16, 2013

Graham fumed: ‘It is stunning, it is damning, it is salacious, and it’s a bunch of crap.’

Russian President Vladimir Putin

Russian President Vladimir Putin

‘This is not normal. Don’t judge the FBI and the Department of Justice by these characters,’ Graham said, referencing FBI officials involved in the ‘Crossfire Hurricane’ probe who have come under scrutiny.

Graham spent a long stretch of his opening remarks tearing into the ‘FBI lovers’ Peter Strzrok and Lisa Page. He read through their anti-Trump texts, while the witness listened and C-span cameras rolled.

He blasted the decision to probe members of Trump’s foreign policy team who had had Russia contacts, even before Horowitz testified the probe was started ‘in compliance with Department and FBI policies’ and that he didn’t uncover evidence ‘that political bias or improper motivation’ influenced the decision.

‘This national security team was literally picked up off the street,’ Graham thundered.

He wanted to know why Trump didn’t get informed about the use of investigative techniques against his campaign. ‘Why didn’t they tell Trump? We’ll figure that out later. But I think it’s a question that needs to be asked,’ Graham said.

In addition to testifying that that probe was properly predicated under FBI procedures, Horowitz testified that the Russia probe team obtained information from Steele’s primary sub-source in January 2017 ‘that raised significant questions about the reliability of the Steele reporting that was used in the Carter Page’ surveillance warrant.

Graham accused James Comey's FBI of a 'vast criminal conspiracy'

Graham accused James Comey’s FBI of a ‘vast criminal conspiracy’

Horowitz’s testimony came during a political charged hearing, with lawmakers spit upon party lines on the same day the House Judiciary committee was taking up articles of impeachment against President Trump accusing him of abuse of power and obstruction of Congress.

‘I think the activities we found don´t vindicate anybody,’ said Horowitz.

Horowitz defended the need to keep whistle-blowers anonymous under questioning by Democratic Sen. Dianne Feinstein.

‘Whistle-blowers have a right to expect complete full confidentiality in all circumstances … and it’s a very important provision’, Horowitz said. He said it was a legal obligation set in statute.

Sen. John Kennedy of Louisiana used his usual home-spun language to express astonishment about what was uncovered about FBI conduct.

‘After about 15 per cent of the way through, it made me want to heave. After about 20 percent of the way through I thought I’d dropped acid. It’s surreal,’ he said.

Graham issued his pronouncements even while acknowledging the reality of Russian interference to hurt Democrat Hillary Clinton in 2016.

‘We know the Russians were screwing around with the Democrats, right?’ Graham said.

Democrats tried to get Horowitz to defend his 480-page probe from criticism by Attorney General Bill Barr, who blasted its conclusions in TV interviews but failed to take the traditional route of attaching written objections.

Horowitz tried not to play along. Asked about Barr’s trips abroad to assist a separate probe by prosecutor John Durham, he said: ‘I think you’d have to ask the attorney general about those meetings.’

 Federal prosecutor John Durham told Horowitz his view that the FBI should have opened a limited probe than the one it did open. Horowitz told lawmakers. he didn’t agree.

‘None of the discussions changed our findings,’ he said.

Republicans bashed the FBI for having a Crossfire Hurricane agent participate in a security briefing provided to the Trump campaign – then file notes on what participants including Mike Flynn said. Flynn, Trump’s national security advisor, later pleaded guilty to lying to investigators.

Sen. John Cornyn brought up Comey’s post-election briefing of Trump about the dossier in Trump tower, and asked if he told the president ‘anything he said can be used against him.’

Sen. Sheldon White House (D-R.I.) addressed one reason why the FBI resisted telling Trump officials. He said investigators ‘did not then now how far Russian penetration into the Trump campaign went.’

‘It raises significant policy questions,’ Horowitz said.

‘We are deeply concerned that so many basic and fundamental errors were made by three separate, hand-picked investigative teams, on one of the most sensitive FBI investigations, after the matter had been briefed to the highest levels within the FBI,’ Horowitz said.

Inspector General Michael Horowitz slams ‘failure’ by FBI leaders who used Christopher Steele’s anti-Trump dossier and tells Senate of ‘basic and fundamental errors’ in Russia probe

The Justice Department’s internal watchdog told Congress on Wednesday that he is concerned that ‘so many basic and fundamental errors’ were made by the FBI as it investigated ties between the Trump campaign and Russia.

Michael Horowitz’s testimony before the Senate Judiciary Committee comes two days after the release of a report that identified significant problems with applications to receive and renew warrants to eavesdrop on a former Trump campaign aide in 2016 and 2017.

Despite those problems, the report also found that the FBI’s actions were not motivated by partisan bias and that the investigation was opened for a proper cause.

Horowitz will tell senators that the FBI failed to follow its own standards for accuracy and completeness when it sought a warrant to monitor the communications of ex-campaign aide Carter Page.

Scathing: Michael Horowitz, the Judiciary Inspector General, outlined a series of criticisms of the FBI as he gave evidence on his report into the Trump-Russia probe, which was codenamed Crossfire Hurricane

Scathing: Michael Horowitz, the Judiciary Inspector General, outlined a series of criticisms of the FBI as he gave evidence on his report into the Trump-Russia probe, which was codenamed Crossfire Hurricane

Team: Michael Horowitz was flanked by investigators from the 18-month probe, which resulted in Monday's report, which ran to more than 400 pages

Team: Michael Horowitz was flanked by investigators from the 18-month probe, which resulted in Monday’s report, which ran to more than 400 pages
Concern: Senate Judiciary Committee chairman Lindsey Graham brandishes the Steele dossier, which Horowitz said FBI leaders relied on despite knowing about concerns over it

Concern: Senate Judiciary Committee chairman Lindsey Graham brandishes the Steele dossier, which Horowitz said FBI leaders relied on despite knowing about concerns over it

Horowitz’s statement largely echoed his scathing Monday report on the FBI’s handling of the Trump-Russia probe.

He told the committee that the FBI relied on Christopher Steele’s dossier to get a FISA warrant to monitor Carter Page, a one-time Donald Trump campaign aide.

But when it found out that the dossier was flawed and were advised of some of the flaws by a Department of Justice attorney, it did not tell the FISA court which issued the warrant.

‘We found that members of the Crossfire Hurricane team failed to meet the basic obligation to ensure that the Carter Page FISA applications were ”scrupulously accurate,” he said.

There were four applications for a warrant on Page.

But Horowitz said: ‘We identified significant inaccuracies and omissions in each of the four applications: 7 in the first FISA application and a total of 17 by the final renewal application.

‘For example, the Crossfire Hurricane team obtained information from Steele’s Primary Sub-source in January 2017 that raised significant questions about the reliability of the Steele reporting that was used in the Carter Page FISA applications.

‘This was particularly noteworthy because the FISA applications relied entirely on information from the Steele reporting to support the allegation that Page was coordinating with the Russian government on 2016 U.S. presidential election activities.

‘However, members of the Crossfire Hurricane team failed to share the information about the Primary Sub-source’s information with the Department, and it was therefore omitted from the three renewal applications.’

Horowitz did not name any FBI leaders in his statement to senators, but had already outlined in his report that James Comey, the FBI director, Andrew McCabe, his deputy, and other senior FBI leaders were involved in supervising the Crossfire Hurricane probe

Key figures: James Comey's FBI opened the probe into one-time Trump campaign aide Carter Page. The FBI obtained a FISA warrant which relied on the Steele dossier

Key figures: James Comey's FBI opened the probe into one-time Trump campaign aide Carter Page. The FBI obtained a FISA warrant which relied on the Steele dossier

Key figures: James Comey’s FBI opened the probe into one-time Trump campaign aide Carter Page. The FBI obtained a FISA warrant which relied on the Steele dossier

‘FBI leadership supported relying on Steele’s reporting to seek a FISA order targeting Page after being advised of, and giving consideration to, concerns expressed by a Department attorney that Steele may have been hired by someone associated with a rival candidate or campaign,’ he said.

Horowitz also raised questions over the FBI’s policies on FISA use generally.

 ‘We also identified what we believe is an absence of sufficient policies to ensure appropriate Department oversight of significant investigative decisions that could affect constitutionally protected activity,’ Horowitz said, according to his prepared remarks as released by the committee before the hearing.

The report has produced sharp partisan divisions. Democrats seized on the finding that the probe was not tainted by political motivations. But Republicans say the findings show the investigation was fatally flawed. Attorney General William Barr, a vocal defender of President Donald Trump, said the FBI investigation was based on a ‘bogus narrative.’

Sen. Lindsey Graham of South Carolina, the top Republican on the committee and another ally of Trump, echoed that sentiment in his opening statement. He said the code name for the FBI investigation, ‘Crossfire Hurricane,’ was an apt title ‘because that’s what we ended up with – a `Crossfire Hurricane.”

‘What happened here is the system failed. People in the highest levels of government took the law into their own hands,’ Graham said.

MICHAEL HOROWITZ’S FULL SENATE STATEMENT ON HIS TRUMP-RUSSIA PROBE 

Mr. Chairman, Senator Feinstein, and Members of the Committee

Thank you for inviting me to testify at today’s hearing to examine the report that my office issued yesterday entitled, ‘Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.’ 

In July 2016, three weeks after then FBI Director James Comey announced the conclusion of the Federal Bureau of Investigation’s (FBI) ‘Midyear Exam’ investigation into presidential candidate Hillary Clinton’s handling of government emails during her tenure as Secretary of State, the FBI received reporting from a Friendly Foreign Government (FFG) that, in a May 2016 meeting with the FFG, Trump campaign foreign policy advisor George Papadopoulos ‘suggested the Trump team had received some kind of a suggestion’ from Russia that it could assist in the election process with the anonymous release of information during the campaign that would be damaging to candidate Clinton and President Obama. 

Days later, on July 31, the FBI initiated the Crossfire Hurricane investigation that is the subject of our report. 

As we noted last year in our review of the Midyear investigation, the FBI has developed and earned a reputation as one of the world’s premier law enforcement agencies in significant part because of its tradition of professionalism, impartiality, non-political enforcement of the law, and adherence to detailed policies, practices, and norms. 

It was precisely these qualities that were required as the FBI initiated and conducted Crossfire Hurricane. 

However, as we describe in this report, our review identified significant concerns with how certain aspects of the investigation were conducted and supervised, particularly the FBI’s failure to adhere to its own standards of accuracy and completeness when filing applications for Foreign Intelligence Surveillance Act (FISA) authority to surveil Carter Page, a U.S. person who was connected to the Donald J. Trump for President Campaign. 

We also identified what we believe is an absence of sufficient policies to ensure appropriate Department oversight of significant investigative decisions that could affect constitutionally protected activity. 

In my statement today, I highlight some of the most significant findings in our report. 

A more detailed overview of our findings can be found in the report’s Executive Summary. 

Our findings are the product of a comprehensive review that examined more than one million documents in the Department’s and FBI’s possession, including documents that other U.S. and foreign government agencies provided the FBI during the Crossfire Hurricane investigation. 

Our team conducted over 170 interviews involving more than 100 witnesses, and we documented all of our findings in a 417-page report. 

I want to commend the work of our review team for conducting rigorous and effective oversight, and for producing a report and recommendations that we believe will improve the FBI’s ability to most effectively utilize the national security authorities analyzed in this review, while also striving to safeguard the civil liberties and privacy of impacted U.S. persons. 

The Opening of Crossfire Hurricane and the Use of Confidential Human Sources Following receipt of the FFG information, a decision was made by the FBI’s then Counterintelligence Division (CD) Assistant Director (AD), E.W. ‘Bill’ Priestap, to open Crossfire Hurricane and reflected a consensus reached after multiple days of discussions and meetings among senior FBI officials. 

We concluded that AD Priestap’s exercise of discretion in opening the investigation was in compliance with Department and FBI policies, and we did not find documentary or testimonial evidence that political bias or improper motivation influenced his decision. 

While the information in the FBI’s possession at the time was limited, in light of the low threshold established by Department and FBI predication policy, we found that Crossfire Hurricane was opened for an authorized investigative purpose and with sufficient factual predication. 

However, we also determined that, under Department and FBI policy, the decision whether to open the Crossfire Hurricane counterintelligence investigation, which involved the activities of individuals associated with a national major party campaign for president, was a discretionary judgment call left to the FBI.

There was no requirement that Department officials be consulted, or even notified, prior to the FBI making that decision. 

We further found that, consistent with this policy, the FBI advised supervisors in the Department’s National Security Division (NSD) of the investigation after it had been initiated. 

As we detail in Chapter Two, high level Department notice and approval is required in other circumstances where investigative activity could substantially impact certain civil liberties, and that notice allows senior Department officials to consider the potential constitutional and prudential implications in advance of these activities. 

We concluded that similar advance notice should be required in circumstances such as those that were present here. 

Shortly after the FBI opened the Crossfire Hurricane investigation, the FBI conducted several consensually monitored meetings between FBI confidential human sources (CHS) and individuals affiliated with the Trump campaign, including a high-level campaign official who was not a subject of the investigation. 

We found that the CHS operations received the necessary approvals under FBI policy; that an Assistant Director knew about and approved of each operation, even in circumstances where a first-level supervisory special agent could have approved the operations; and that the operations were permitted under Department and FBI policy because their use was not for the sole purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States. 

We did not find any documentary or testimonial evidence that political bias or improper motivation influenced the FBI’s decision to conduct these operations. 

Additionally, we found no evidence that the FBI attempted to place any CHSs within the Trump campaign, recruit members of the Trump campaign as CHSs, or task CHSs to report on the Trump campaign. 

However, we are concerned that, under applicable Department and FBI policy, it would have been sufficient for a first-level FBI supervisor to authorize the sensitive domestic CHS operations undertaken in Crossfire Hurricane, and that there is no applicable Department or FBI policy requiring the FBI to notify Department officials of a decision to task CHSs to consensually monitor conversations with members of a presidential campaign. 

Specifically, in Crossfire Hurricane, where one of the CHS operations involved consensually monitoring a high-level official on the Trump campaign who was not a subject of the investigation, and all of the operations had the potential to gather sensitive information of the campaign about protected First Amendment activity, we found no evidence that the FBI consulted with any Department officials before conducting the CHS operations—and no policy requiring the FBI to do so.

We therefore believe that current Department and FBI policies are not sufficient to ensure appropriate oversight and accountability when such operations potentially implicate sensitive, constitutionally protected activity, and that requiring Department consultation, at a minimum, would be appropriate. 

The FISA Applications to Conduct Surveillance of Carter Page One investigative tool for which Department and FBI policy expressly require advance approval by a senior Department official is the seeking of a court order under the FISA. 

When the Crossfire Hurricane team first proposed seeking a FISA order targeting Carter Page in midAugust 2016, FBI attorneys assisting the investigation considered it a ‘close call’ whether they had developed the probable cause necessary to obtain the order, and a FISA order was not requested at that time.

However, in September 2016, immediately after the Crossfire Hurricane team received reporting from Christopher Steele concerning Page’s alleged recent activities with Russian officials, FBI attorneys advised the Department that the team was ready to move forward with a request to obtain FISA authority to surveil Page. 

FBI and Department officials told us the Steele reporting ‘pushed [the FISA proposal] over the line’ in terms of establishing probable cause, and we concluded that the Steele reporting played a central and essential role in the decision to seek a FISA order.

FBI leadership supported relying on Steele’s reporting to seek a FISA order targeting Page after being advised of, and giving consideration to, concerns expressed by a Department attorney that Steele may have been hired by someone associated with a rival candidate or campaign. 

The authority under FISA to conduct electronic surveillance and physical searches targeting individuals significantly assists the government’s efforts to combat terrorism, clandestine intelligence activity, and other threats to the national security. 

At the same time, the use of this authority unavoidably raises civil liberties concerns. 

FISA orders can be used to surveil U.S. persons, like Carter Page, and in some cases the surveillance will foreseeably collect information about the individual’s constitutionally protected activities, such as Page’s legitimate activities on behalf of a presidential campaign. 

Moreover, proceedings before the Foreign Intelligence Surveillance Court (FISC)—which is responsible for ruling on applications for FISA orders—are ex parte, meaning that unlike most court proceedings, the government is the only party present for the proceedings. 

In addition, unlike the use of other intrusive investigative techniques (such as wiretaps under Title III and traditional criminal search warrants) that are granted in ex parte hearings but can potentially be subject to later court challenge, FISA orders have not been subject to scrutiny through subsequent adversarial proceedings.

In light of these concerns, Congress through the FISA statute, and the Department and FBI through policies and procedures, have established important safeguards to protect the FISA application process from irregularities and abuse. 

Among the most important are the requirements in FBI policy that every FISA application must contain a ‘full and accurate’ presentation of the facts, and that agents must ensure that all factual statements in FISA applications are ‘scrupulously accurate.’ 

These are the standards for all FISA applications, regardless of the investigation’s sensitivity, and it is incumbent upon the FBI to meet them in every application. 

That said, in the context of an investigation involving persons associated with a presidential campaign, where the target of the FISA is a former campaign official and the goal of the FISA is to uncover, among other things, information about the individual’s allegedly illegal campaignrelated activities, members of the Crossfire Hurricane investigative team should have anticipated, and told us they in fact did anticipate, that these FISA applications would be subjected to especially close scrutiny. 

Nevertheless, we found that members of the Crossfire Hurricane team failed to meet the basic obligation to ensure that the Carter Page FISA applications were ‘scrupulously accurate.’ 

We identified significant inaccuracies and omissions in each of the four applications: 7 in the first FISA application and a total of 17 by the final renewal application. 

For example, the Crossfire Hurricane team obtained information from Steele’s Primary Sub-source in January 2017 that raised significant questions about the reliability of the Steele reporting that was used in the Carter Page FISA applications. 

This was particularly noteworthy because the FISA applications relied entirely on information from the Steele reporting to support the allegation that Page was coordinating with the Russian government on 2016 U.S. presidential election activities. 

However, members of the Crossfire Hurricane team failed to share the information about the Primary Sub-source’s information with the Department, and it was therefore omitted from the three renewal applications. 

All of the applications also omitted information the FBI had obtained from another U.S. government agency detailing its prior relationship with Page, including that Page had been approved as an operational contact for the other agency from 2008 to 2013, that Page had provided information to the other agency concerning his prior contacts with certain Russian intelligence officers (one of which overlapped with facts asserted in the FISA application), and that an employee of the other agency assessed that Page had been candid.

As a result of the 17 significant inaccuracies and omissions we identified, relevant information was not shared with, and consequently not considered by, important Department decision makers and the court, and the FISA applications made it appear as though the evidence supporting probable cause was stronger than was actually the case. 

We also found basic, fundamental, and serious errors during the completion of the FBl’s factual accuracy reviews, known as the Woods Procedures, which are designed to ensure that FISA applications contain a full and accurate presentation of the facts. 

We do not speculate whether the correction of any particular misstatement or omission, or some combination thereof, would have resulted in a different outcome. 

Nevertheless, the Department’s decision makers and the court should have been given complete and accurate information so that they could meaningfully evaluate probable cause before authorizing the surveillance of a U.S. person associated with a presidential campaign. 

That did not occur, and as a result, the surveillance of Carter Page continued even as the FBI gathered information that weakened the assessment of probable cause and made the FISA applications less accurate. 

We determined that the inaccuracies and omissions we identified in the applications resulted from case agents providing wrong or incomplete information to Department attorneys and failing to identify important issues for discussion. 

Moreover, we concluded that case agents and Supervisory Special Agents (SSA) did not give appropriate attention to facts that cut against probable cause, and that as the investigation progressed and more information tended to undermine or weaken the assertions in the FISA applications, the agents and SSAs did not reassess the information supporting probable cause. 

Further, the agents and SSAs did not follow, or even appear to know, certain basic requirements in the Woods Procedures.

Although we did not find documentary or testimonial evidence of intentional misconduct on the part of the case agents who assisted NSD’s Office of Intelligence (OI) in preparing the applications, or the agents and supervisors who performed the Woods Procedures, we also did not receive satisfactory explanations for the errors or missing information. 

We found that the offered explanations for these serious errors did not excuse them, or the repeated failures to ensure the accuracy of information presented to the FISC. 

We are deeply concerned that so many basic and fundamental errors were made by three separate, hand-picked investigative teams; on one of the most sensitive FBI investigations; after the matter had been briefed to the highest levels within the FBI; even though the information sought through use of FISA authority related so closely to an ongoing presidential campaign; and even though those involved with the investigation knew that their actions were likely to be subjected to close scrutiny. 

We believe this circumstance reflects a failure not just by those who prepared the FISA applications, but also by the managers and supervisors in the Crossfire Hurricane chain of command, including FBI senior officials who were briefed as the investigation progressed. 

We do not expect managers and supervisors to know every fact about an investigation, or senior leaders to know all the details of cases about which they are briefed. 

However, especially in the FBl’s most sensitive and high-priority matters, and especially when seeking court permission to use an intrusive tool such as a FISA order, it is incumbent upon the entire chain of command, including senior officials, to take the necessary steps to ensure that they are sufficiently familiar with the facts and circumstances supporting and potentially undermining a FISA application in order to provide effective oversight consistent with their level of supervisory responsibility.

Such oversight requires greater familiarity with the facts than we saw in this review, where time and again during OIG interviews FBI managers, supervisors, and senior officials displayed a lack of understanding or awareness of important information concerning many of the problems we identified. 

In the preparation of the FISA applications to surveil Carter Page, the Crossfire Hurricane team failed to comply with FBI policies, and in so doing fell short of what is rightfully expected from a premier law enforcement agency entrusted with such an intrusive surveillance tool. 

In light of the significant concerns identified with the Carter Page FISA applications and the other issues described in this report, the OIG has initiated an audit that will further examine the FBI’s compliance with the Woods Procedures in FISA applications that target U.S. persons in both counterintelligence and counterterrorism investigations. 

We also made the following recommendations to assist the Department and the FBI in avoiding similar failures in future investigations. 

Recommendations 

For the reasons fully described in our report, we recommend the following: 

1. The Department and the FBI should ensure that adequate procedures are in place for the Office of Intelligence (OI) to obtain all relevant and accurate information, including access to Confidential Human Source (CHS) information, needed to prepare FISA applications and renewal applications. This effort should include revising: 

a. the FISA Request Form: to ensure information is identified for OI: (i) that tends to disprove, does not support, or is inconsistent with a finding or an allegation that the target is a foreign power or an agent of a foreign power, or 

(ii) that bears on the reliability of every CHS whose information is relied upon in the FISA application, including all information from the derogatory information sub-file, recommended below; 

b. the Woods Form: (i) to emphasize to agents and their supervisors the obligation to re-verify factual assertions repeated from prior applications and to obtain written approval from CHS handling agents of all CHS source characterization statements in applications, and

(ii) to specify what steps must be taken and documented during the legal review performed by an FBI Office of General Counsel (OGC) line attorney and SES level supervisor before submitting the FISA application package to the FBI Director for certification; 

c. the FISA Procedures: to clarify which positions may serve as the supervisory reviewer for OGC; and d. taking any other steps deemed appropriate to ensure the accuracy and completeness of information provided to OI. 

2. The Department and FBI should evaluate which types of Sensitive Investigative Matters (SIM) require advance notification to a senior Department official, such as the Deputy Attorney General, in addition to the notifications currently required for SIMs, especially for case openings that implicate core First Amendment activity and raise policy considerations or heighten enterprise risk, and establish implementing policies and guidance, as necessary. 

3. The FBI should develop protocols and guidelines for staffing and administrating any future sensitive investigative matters from FBI Headquarters. 

4. The FBI should address the problems with the administration and assessment of CHS

s identified in this report and, at a minimum, should: a. revise its standard CHS admonishment form to include a prohibition on the disclosure of the CHS’s relationship with the FBI to third parties absent the FBI’s permission, and assess the need to include other admonishments in the standard CHS admonishments; 

b. develop enhanced procedures to ensure that CHS information is documented in Delta, including information generated from Headquarters- led investigations, substantive contacts with closed CHSs (directly or through third parties), and derogatory information. We renew our recommendation that the FBI create a derogatory information sub-file in Delta; 

c. assess VMU’s practices regarding reporting source validation findings and non-findings; 

d. establish guidance for sharing sensitive information with CHSs;

e. establish guidance to handling agents for inquiring whether their CHS participates in the types of groups or activities that would bring the CHS within the definition of a ‘sensitive source,’ and ensure handling agents document (and update as needed) those affiliations and any others voluntarily provided to them by the CHS in the Source Opening Communication, the ‘Sensitive Categories’ portion of each CHS’s Quarterly Supervisory Source Report, the ‘Life Changes’ portion of CHS Contact Reports, or as otherwise directed by the FBI so that the FBI can assess whether active CHSs are engaged in activities (such as political campaigns) at a level that might require re-designation as a ‘sensitive source’ or necessitate closure of the CHS; and 

f. revise its CHS policy to address the considerations that should be taken into account and the steps that should be followed before and after accepting information from a closed CHS indirectly through a third party.

5. The Department and FBI should clarify the following terms in their policies: a. assess the definition of a ‘Sensitive Monitoring Circumstance’ in the AG Guidelines and the FBI’s DIOG to determine whether to expand its scope to include consensual monitoring of a domestic political candidate or an individual prominent within a domestic political organization, or a subset of these persons, so that consensual monitoring of such individuals would require consultation with or advance notification to a senior Department official, such as the Deputy Attorney General; and 

b. establish guidance, and include examples in the DIOG, to better define the meaning of the phrase ‘prominent in a domestic political organization’ so that agents understand which campaign officials fall within that definition as it relates to ‘Sensitive Investigative Matters,’ ‘Sensitive UDP,’ and the designation of ‘sensitive sources.’ Further, if the Department expands the scope of ‘Sensitive Monitoring Circumstance,’ as recommended above, the FBI should apply the guidance on ‘prominent in a domestic political organization’ to ‘Sensitive Monitoring Circumstance’ as well.

6. The FBI should ensure that appropriate training on DIOG § 4 is provided to emphasize the constitutional implications of certain monitoring situations and to ensure that agents account for these concerns, both in the tasking of CHSs and in the way they document interactions with and tasking of CHSs. 

7. The FBI should establish a policy regarding the use of defensive and transition briefings for investigative purposes, including the factors to be considered and approval by senior leaders at the FBI with notice to a senior Department official, such as the Deputy Attorney General. 

8. The Department’s Office of Professional Responsibility should review our findings related to the conduct of Department attorney Bruce Ohr for any action it deems appropriate. Ohr’s current supervisors in the Department’s Criminal Division should also review our findings related to Ohr’s performance for any action they deem appropriate.

9. The FBI should review the performance of all employees who had responsibility for the preparation, Woods review, or approval of the FISA applications, as well as the managers, supervisors, and senior officials in the chain of command of the Carter Page investigation, for any action deemed appropriate. 

After reviewing a draft of this report and its recommendations, FBI Director Christopher Wray accepted each of the recommendations above, and we were told ordered more than 40 corrective actions to date to address our recommendations. 

However, more work remains to be done by both the FBI and the Department. 

As I noted above, we believe that implementation of these recommendations, including those that seek individual accountability for the failures identified in our report, will improve the FBI’s ability to more carefully and effectively utilize its important national security authorities like FISA, while also striving to safeguard the civil liberties and privacy of impacted U.S. persons.

The OIG will continue to conduct independent oversight on these matters in the months and years ahead. This concludes my prepared statement, and I am pleased to answer any questions the Committee may have.

https://www.dailymail.co.uk/news/article-7781435/Lindsey-Graham-opens-hearing-Inspector-General-bringing-golden-showers-allegations.html

 

Andrew McCarthy: DOJ vs. IG – Barr and Horowitz’s reported rift over FISA report is bogus spin by Democrats

At Wednesday’s Senate Judiciary Committee hearing about Justice Department Inspector General Michael Horowitz’s report on investigative abuses in the FBI’s Trump-Russia investigation (codenamed “Crossfire Hurricane”), Democrats continued an effort begun ten days ago to hoodwink the public into believing Horowitz is in a bitter dispute with Attorney General William Barr over a key finding in the report.

The dispute allegedly stems from what is portrayed as Barr’s dissent from the IG’s conclusion that the probe was properly predicated – i.e., that there were sufficient factual grounds to open an investigation of whether the Trump campaign was complicit in the Kremlin’s cyberespionage attack on Democratic party email accounts.

In point of fact, as discussed in my Fox News Opinion column on Wednesday, the two men have less a difference of opinion than a difference in focus – the distinction between what may be done and what should be done.

ANDREW MCCARTHY: THE FBI, THE IG REPORT, AND ATTORNEY GENERAL BARR – SEPARATING FACT FROM FICTION

I’m tempted to say there is no real dispute, but let’s leave it at saying the dispute is wildly overstated.

A cautionary note: People should be suspicious about media coverage of the attorney general. For decades, Bill Barr has enjoyed a well-earned reputation for legal acumen and personal integrity. But he is now working for Donald Trump.

Hence, there has for months been an energetic media-Democrat effort to discredit him – in particular, to undermine the investigation he has appointed Connecticut U.S. attorney John Durham to conduct into the origins of the Trump-Russia probe (not just Crossfire Hurricane, but the related investigations involving other domestic and foreign government agencies).

A transparent motivation fuels this effort: The Mueller probe found no evidence of a Trump-Russia conspiracy, notwithstanding the indefatigable “collusion” narrative (explored at length in my book “Ball of Collusion“).

Now the Horowitz IG report has found major abuses in the FBI’s investigation of Trump. The question naturally arises: Why did the Obama administration use the intelligence and law-enforcement apparatus of the government to investigate its political opposition?

Democrats and their media confederates are determined to protect Obama’s legacy from Nixonian taint. Barr, therefore, must be subjected to character assassination.

The specter of political spying, that bane of the Watergate era, is manifest. That is what Barr and Durham are exploring.

Democrats and their media confederates are determined to protect Obama’s legacy from Nixonian taint. Barr, therefore, must be subjected to character assassination.

You know the drill: He is Trump’s lawyer, not America’s. His investigation is politicized, not in good faith and so on.

Yes, the same people who lionized Mueller’s team of partisan Democrats, now feign outraged disbelief at the suggestion that the FBI could possibly have been just a tad political.

That would be the same Bureau that helped whitewash the Clinton emails caper; scorched the earth to find a non-existent conspiracy against Trump; brought us the charming Strzok-Page texts; and has, in just the last two years, been the subject of not one but two voluminous IG reports examining the anti-Trump animus of top investigators.

That is why the Barr-Horowitz contretemps must be exaggerated.

Typical of IG reports, Horowitz’s latest features admirably comprehensive fact-finding but conclusions framed in lawyerly gobbledygook that lend themselves to easy distortion.

As night follows day, the anti-Trump forces pounced: We’re to believe the IG concluded that the Trump-Russia investigation’s commencement was unimpeachable and that there was no political bias in the FBI’s decision-making.

That is not what Horowitz actually said. Since it is important that the public be given accurate information about the Justice Department’s position, the AG has spoken out to clarify what the IG concluded and how DOJ regards these conclusions.

In press coverage, this has been portrayed as a blistering attack on Horowitz.

At Wednesday’s hearing, Senate Judiciary Committee Democrats picked up the theme: Horowitz heroically struggles to uphold the rule of law and standards of impartial fact-finding, but Barr, that diabolical Trumpkin, is determined to bring him down for refusing to brand Crossfire Hurricane a hoax.

Even as this narrative first took wing, there was a clue that it was deceptive, though you had to dig a little to find it.

On December 2, a week before the IG report became public, the Washington Post kicked off the Barr vs. Horowitz tale with a story claiming, based on anonymous sources, that the AG was disputing the IG’s “key” finding that the FBI had enough information to justify launching the probe.

Seven paragraphs in, though, there was an on-the-record statement from a named official: Kerri Kupec, Barr’s spokeswoman. Far from conveying rancor, Ms. Kupec issued a gushing tribute to Horowitz. His investigation, she said: “Is a credit to the Department of Justice. His excellent work has uncovered significant information that the American people will soon be able to read for themselves. Rather than speculating, people should read the report for themselves next week, watch the Inspector General’s testimony before the Senate Judiciary Committee, and draw their own conclusions about these important matters.”

Yes, that’s right. In relating the supposedly intense infighting over the report between Barr and Horowitz, the Post was compelled to note that the only statement traceable to Barr was an enthusiastic endorsement of Horowitz’s work and an encouragement to Americans to read the report and watch the testimony.

What a scurrilous attack!

When Horowitz finally released the report on Monday, Barr himself made a statement. Relying on the IG’s work, rather than contradicting it, the AG observed that the FBI had, “launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. [Emphasis added.]

Barr did not disagree with Horowitz on the commencement of the investigation. Horowitz had found that the FBI’s written procedures provide a very low bar in terms of the suspicion that may justify the opening of an investigation.

Barr did not dispute this; he said the investigation was opened “on the thinnest of suspicions.” That is both true and, as Horowitz points out, sufficient.

More from Opinion

Barr thinks it was unwise to open so significant an investigation on such thin evidence. Horowitz is not claiming it was prudent; he is saying the regulations permitted it.

More to the point, Barr’s beef was less with the opening of the investigation than with “the steps taken” after the investigation was opened.

This, plainly, is a reference to the use of intrusive investigative techniques – in particular, confidential informants and FISA surveillance warrants.

Barr’s point is that, given the norm against permitting the incumbent government’s investigative powers to intrude on our political process, it was wrong to use such aggressive tactics given the threadbare basis for suspicion.

Horowitz is not disputing that. He is saying that it is not his place to second-guess discretionary judgment calls about investigative tactics as long as the probe is legitimately opened. And clearly, the IG report is a testament to the abuse of those tactics: the misrepresentations to the FISA court, and the fact that, although the use of informants generated exculpatory evidence, the Bureau inexplicably continued investigating a U.S. political campaign.

“Fake News” is an overused and oft-abused term. In the case of the reported Barr vs. Horowitz controversy, however, it might just be apt.

https://www.foxnews.com/opinion/doj-ig-barr-horowitz-fisa-democrats-andrew-mccarthy

Andrew McCarthy: The FBI, the IG Report, and Attorney General Barr – Separating fact from fiction

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