The Pronk Pops Show 1371, December 9, 2019, Story 1: Department of Justice Inspector General Report Out — FBI Officials Misled The FISA Court Judge and Omitted Exculpatory Evidence in Their Warrant Application To Spy on American People —  Clear Abuse of Power — Videos — Story 2: Democrat Socialist Suicide Sprint To Trump Impeachment For Defeating Clinton in 2016 — Coup and Cover-up Big Failure — American People Will Be Incensed When They Learn The Details of The Clinton Obama Democrat Criminal Conspiracy — Criminal Investigation and Indictments Coming in 2020 Just In Time for 2020 Election — Videos

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Office of Inspector General Report

Review of Four FISA Applications and Other Aspects of The FBI’s Crossfire Hurricane Investigation

From Pages 412 and 414

The FISA Applications to Conduct Surveillance of Carter Page
411
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 Foreign Intelligence Surveillance Act (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. 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 present but the government’s counterparty is not.
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 fill 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 campaign-related
activities, members of the Crossfire Hurricane investigative team should have
412
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. But members of the Crossfire Hurricane team
failed to share the 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, and 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.

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 FBI’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 SSAs 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 (01) in preparing
413

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 FBI’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 today 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 make the following recommendations to assist the Department and the FBI in
avoiding similar failures in future investigations.

Story 1: Department of Justice Inspector General Report Out — FBI Officials Misled The FISA Court Judge and Omitted Exculpatory Evidence in Their Warrant Application To Spy on American People —  Clear Abuse of Power By Obama Administration — Cover-up of Clinton Obama Democrat Criminal Conspiracy — Videos

 

ATTEMPTED COUP: President Trump BLASTS Findings in IG FISA FBI Report

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

Fitton slams IG Horowitz’s report findings as as ‘dishonest

Trump legal advisor calls IG report ‘absolutely chilling’

Meadows reacts to IG report: ‘Doesn’t get any more damning than this’

Carter Page plans to go after FBI agents who spied on him

DOJ inspector general finds Russia probe was appropriately opened — but Barr disagrees

DOJ releases inspector general’s findings on FBI surveillance

Tucker: Media proclaims FBI is innocent

Hannity: Deep state in deep legal jeaopardy

Report on origins of Russia investigation released by Justice Department inspector general

Inspector general: FBI properly opened its investigation

JUSTICE NEWS

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, December 9, 2019

Statement by Attorney General William P. Barr on the Inspector General’s Report of the Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation

Attorney General William P. Barr issued the following statement:

“Nothing is more important than the credibility and integrity of the FBI and the Department of Justice.  That is why we must hold our investigators and prosecutors to the highest ethical and professional standards.  The Inspector General’s investigation has provided critical transparency and accountability, and his work is a credit to the Department of Justice.  I would like to thank the Inspector General and his team.

The Inspector General’s report now makes clear that the FBI 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.  It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory.  Nevertheless, the investigation and surveillance was pushed forward for the duration of the campaign and deep into President Trump’s administration.  In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source.  The Inspector General found the explanations given for these actions unsatisfactory.  While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.

FISA is an essential tool for the protection of the safety of the American people.  The Department of Justice and the FBI are committed to taking whatever steps are necessary to rectify the abuses that occurred and to ensure the integrity of the FISA process going forward.

No one is more dismayed about the handling of these FISA applications than Director Wray.  I have full confidence in Director Wray and his team at the FBI, as well as the thousands of dedicated line agents who work tirelessly to protect our country.  I thank the Director for the comprehensive set of proposed reforms he is announcing today, and I look forward to working with him to implement these and any other appropriate measures.

With respect to DOJ personnel discussed in the report, the Department will follow all appropriate processes and procedures, including as to any potential disciplinary action.”

https://www.justice.gov/opa/pr/statement-attorney-general-william-p-barr-inspector-generals-report-review-four-fisa

Horowitz report is damning for the FBI and unsettling for the rest of us

The analysis of the report by Justice Department inspector general Michael Horowitz greatly depends, as is often the case, on which cable news channel you watch. Indeed, many people might be excused for concluding that Horowitz spent 476 pages to primarily conclude one thing, which is that the Justice Department acted within its guidelines in starting its investigation into the 2016 campaign of President Trump.

Horowitz did say that the original decision to investigate was within the discretionary standard of the Justice Department. That standard for the predication of an investigation is low, simply requiring “articulable facts.” He said that, since this is a low discretionary standard, he cannot say it was inappropriate to start. United States Attorney John Durham, who is heading the parallel investigation at the Justice Department, took the unusual step to issue a statement that he did not believe the evidence supported that conclusion at the very beginning of the investigation.

Attorney General William Barr also issued a statement disagreeing with the threshold statement. In fact, the Justice Department has a standard that requires the least intrusive means of investigating such entities as presidential campaigns, particularly when it comes to campaigns of the opposing party. That threshold finding is then followed by the remainder of the report, which is highly damaging and unsettling. Horowitz finds a litany of false and even falsified representations used to continue the secret investigation targeting the Trump campaign and its associates.

The investigation was largely based on a May 2016 conversation between Trump campaign adviser George Papadopoulos and Australian diplomat Alexander Downer in London. Papadopolous reportedly said he heard that Russia had thousands of emails from Democratic nominee Hillary Clinton. That was viewed as revealing possible prior knowledge of the WikiLeaks release two months later, which was then used to open four investigations targeting the campaign and Trump associates. Notably, Democrats and the media lambasted Trump for saying the Justice Department had been “spying” on his campaign, and many said it was just an investigation into figures like Carter Page. Horowitz describes poorly founded investigations that included undercover FBI agents and a variety of different sources. What they really discovered is the main point of the Horowitz report.

From the outset, the Justice Department failed to interview several key individuals or vet critical information and sources in the Steele dossier. Justice Department officials insisted to Horowitz that they choose not to interview campaign officials because they were unsure if the campaign was compromised and did not want to tip off the Russians. However, the inspector general report says the Russians were directly told about the allegations repeatedly by then CIA Director John Brennan and, ultimately, President Obama. So the Russians were informed, but no one contacted the Trump campaign so as not to inform the Russians? Meanwhile, the allegations quickly fell apart. Horowitz details how all of the evidence proved exculpatory of any collusion or conspiracy with the Russians.

Even worse, another agency that appears to be the CIA told the FBI that Page was actually working for the agency in Russia as an “operational contact” gathering intelligence. The FBI was told this repeatedly, yet it never reported it to the FISA court approving the secret investigation of Page. His claim to have worked with the federal government was widely dismissed. Worse yet, Horowitz found that investigators and the Justice Department concluded there was no probable cause on Page to support its FISA investigation. That is when there was an intervention from the top of the FBI, ordering investigators to look at the Steele dossier funded by the Democratic National Committee and the Clinton campaign instead.

Who told investigators to turn to the dossier? Former FBI Deputy Director Andrew McCabe. He was fired over his conduct in the investigation after earlier internal investigations. Horowitz contradicts the media claim that the dossier was just a small part of the case presented to the FISA court. He finds that it was essential to seeking FISA warrants. Horowitz also finds no sharing of information with FISA judges that undermined the credibility of the dossier or Christopher Steele himself. Surprisingly little effort was made to fully investigate the dossier when McCabe directed investigators to it, yet investigators soon learned that critical facts reported to the FISA court were false. FISA judges were told that a Yahoo News article was an independent corroboration of the Steele dossier, but Horowitz confirms that Steele was the source of that article. Therefore, Steele was used to corroborate Steele on allegations that were later deemed unfounded.

The source relied on by Steele was presented as conveying damaging information on Trump. When this source was interviewed, he said he had no direct information and was conveying bar talk. He denied telling other details to Steele. This was all known to the Justice Department, but it still asked for warrant renewals from the FISA court without correcting the record or revealing exculpatory information discovered by investigators. That included the failure to tell the court that Page was working with the CIA. Finally, Horowitz found that an FBI lawyer doctored a critical email to hide the fact that Page was really working for us and not the Russians.

Despite this shockingly damning report, much of the media is reporting only that Horowitz did not find it unreasonable to start the investigation, and ignoring a litany of false representations and falsifications of evidence to keep the secret investigation going. Nothing was found to support any of those allegations, and special counsel Robert Mueller also confirmed there was no support for collusion and conspiracy allegations repeated continuously for two years by many experts and members of Congress.

In other words, when the Titanic set sail, there was no reason for it not to. Then there was that fateful iceberg. Like the crew of the Titanic, the FBI knew investigative icebergs floated around its Russia investigation, but not only did it not reduce speed, it actively suppressed the countervailing reports. Despite the many conflicts to its FISA application and renewals, the FBI leadership, including McCabe, plowed ahead into the darkness.

Jonathan Turley is the chair of public interest law at George Washington University and served as the last lead counsel in a Senate impeachment trial. He testified as a Republican witness in House Judiciary Committee hearing in the Trump impeachment inquiry. Follow him @JonathanTurley.

https://thehill.com/opinion/judiciary/473709-horowitz-report-is-damning-for-the-fbi-and-unsettling-for-the-rest-of-us

 

IG report on Trump-Russia reveals ‘unacceptable’ problems says FBI director Chris Wray who says agency will reform the most sensitive probes and eavesdropping warrants

  • Chris Wray, the new head of the FBI, makes rare public statement after Michael Horowitz publishes scathing report on agency’s Trump-Russia probe
  • Wray – who was not in charge during the investigation – promised a string of reforms to handling the most sensitive and intrusive cases
  • ‘The American people rightly expect that the FBI, when it acts to protect the country, is going to do it right – each time, every time,’ he said 

A Justice Department inspector general report on the early days of the Russia investigation identified problems that are ‘unacceptable and unrepresentative of who we are as an institution,’ FBI Director Chris Wray said Monday in detailing changes the bureau plans to make in response.

In an interview with The Associated Press, Wray said the FBI had cooperated fully with the inspector general – which concluded in its report that the investigation into ties between the Trump campaign and Russia was legitimate but also cited serious flaws – and accepted all its recommendations.

Wray said the FBI would make changes to how it handles confidential informants, how it applies for warrants from the secretive Foreign Intelligence Surveillance Court, how it conducts briefings on foreign influence for presidential nominees and how it structures sensitive investigations like the 2016 Russia probe. He said he has also reinstated ethics training.

Speaking out: Chris Wray said the FBI would make changes after the report by Michael Horowitz revealed mistakes in the handling of the Trump-Russia probe

Speaking out: Chris Wray said the FBI would make changes after the report by Michael Horowitz revealed mistakes in the handling of the Trump-Russia probe

Failings: Michael Horowitz, the Justice Department Inspector General, said the FBI had not acted out of anti-Trump bias but had made a string of mistakes when it wiretapped one of his allies

Out now: The IG's report sent shockwaves around Washington D.C.

‘I am very committed to the FBI being agile in its tackling of foreign threats,’ Wray said.

‘But I believe you can be agile and still scrupulously follow our rules, policies and processes.’

The FBI’s decision to target Page with spying authorized by a secretive Foreign Intelligence Surveillance Act (FISA) court was made and reinforced by the FBI’s most senior leaders, Horowitz wrote.

‘[T]he FBI’s decision to rely upon Steele’s election reporting to help establish probable cause that Page was an agent of Russia was a judgment reached initially by the case agents on the Crossfire Hurricane team,’ he explained, referring to the name of the operation. 

Wray was not FBI director when the Russia investigation began and has so far avoided commenting in depth on the probe, one of the most politically sensitive inquiries in bureau history and one that President Donald Trump has repeatedly denounced as a ‘witch hunt.’ 

Wray’s comments Monday underscore the balancing act of his job as he tries to embrace criticism of the Russia probe that he sees as legitimate while limiting public judgment of decisions made by his predecessors.

He said that though it was important to not lose sight of the fact that Inspector General Michael Horowitz found the investigation justified and did not find it to be tainted by political bias: ‘The American people rightly expect that the FBI, when it acts to protect the country, is going to do it right – each time, every time.

‘And,’ he added, ‘urgency is not an excuse for not following our procedures.

https://www.dailymail.co.uk/news/article-7773767/Wray-Report-Russia-probe-unacceptable-problems.html

John Durham disputes DOJ watchdog conclusion that Russia investigation was justified

Story 2: Democrat Socialist Suicide Sprint To Trump Impeachment For Defeating Clinton in 2016 — Coup and Cover-up Big Failure — American People Will Be Incensed When They Learn The Details of The Clinton Obama Democrat Criminal Conspiracy — Criminal Investigation and Indictments Coming in 2020 Just In Time for 2020 Election — Videos

Rep. Doug Collins: The ‘focus-group impeachment’ has no facts

WATCH: Rep. Doug Collins’ full questioning of committee lawyers | Trump impeachment hearings

WATCH: Rep. Jim Jordan’s full questioning of committee lawyers | Trump impeachment hearings

WATCH: Rep. Matt Gaetz’s full questioning of committee lawyers | Trump impeachment hearings

WATCH: Rep. Louie Gohmert’s addresses committee lawyers | Trump impeachment hearings

WATCH: Democratic counsel’s questioning of committee lawyers | Trump impeachment hearings

WATCH: Counsel Barry Berke’s full opening presentation | Trump impeachment hearings

House Judiciary Committee Impeachment Inquiry Evidence Hearing

FULL COVERAGE: President Trump House Judiciary Committee Impeachment Hearing

 

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