There is one part to this story i find really interesting -- will DOJ (or have they already?) doctor whatever it is from the FISA application before they give it to the Congress? In other words, are they so determined to hide whatever it was they were really doing from oversight that they created a second set of FISA app documents to give to Congress?
The Congress seemed to anticipate that this was a possibility so back near the beginning of this year, they began sending letters to the chief FISC judge. They put her on notice to preserve everything.
The FISA Court Presiding Judge is named Rosemary Collyer. Before all of this even started, she had already blistered the Obama people over their abuses of the secret court.
The letters to her were from --
(1) House Intelligence Committee Chairman Devin Nunes who has primary oversight over our collective Intelligence Community. Nunes asked Judge Collyer for the transcripts from the FISA Court hearing on the DOJ/FBI's request for surveillance application on Carter Page.
(2) House Judiciary Committee Chairman Bob Goodlatte who has primary oversight authority over DOJ -including the FISA court. Goodlatte asked the same judge for the actual FISA application for their surveillance of Carter Page.
As you can see, they coordinated to pin her in from all sides. This was not so much clever as simply thorough.
Judge Collyer did respond to both but we cant see the full response (since its secret shyte and all). We do know she said she had “never previously receiving such requests.” We also know she tried hard to shift responsibility for this material onto the Executive Branch. There are indeed obvious Separation of Power issues involved -- for example, even though the FISA system was created by the Legislative Branch, the secret court is a part of the Judicial Branch. Yet these two committees also hold unique statutory oversight.
It is a very interesting legal issue and the kind of stuff I have always loved. But I can tell from the lack of previous responses to my other posts on this topic, I may be the only one here who thinks this way. LOL. That's OK. I will continue to post the highlights anyway. And for the purposes of this forum, probably the most interesting part is going to be whether Nunes and Goodlatte catch DOJ folks giving them altered/doctored documents. If they do, not only will those someones be fired, but it would also be a crime. But they know this too, so hopefully they wont do it. We will see. Bottom line, I do think we have the right chief judge of the FISA system. She does not seek or want the spotlight but if she sees anything illegal, she will let it be known.
Last edited: Sep 20, 2018