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Posts Tagged ‘Micheal Horowitz’

Are We Still A Nation of the Rule of Law? A Serious Question – Part III

Posted by Craig P. Alexander on March 5, 2018

A few weeks ago I published two posts about the FISA Gate scandal of the FBI and the U.S. Department of Justice apparently using the false and politically motivated “Steel Dossier” to obtain a FISA warrant on one time Trump campaign volunteer Carter Page. Here are links to them: Link 1  & Link 2. At the time of publication the “Nunes” or Republican memo had just been de-classified and released while we were awaiting the Democrats or “Schiff” memo’s release.  The Schiff memo has now been released (with some redactions) and it confirms one thing I stated in my prior posts – the American people deserve to see the entire Carter Page FISA application and the three renewals that were presented to the FISA court.  This has all become too much of a partisan back and forth.

First here is a link to the Schiff Memo: hpsci_redacted_minority_memo.  Then here is a link to an excellent analysis by Andrew McCarthy of the National Review in which he debunks most of the claims made by Adam Schiff and his Democratic friends.

However all of the partisan rankling over the memos does not answer or resolve an extremely important problem – the FBI and the DOJ were apparently willing to break the law and their own rules before a Federal Court Judge (or Judges) to obtain a warrant to surveil (spy on) an American citizen who had been previously part of an opposing political campaign.  As Mr. McCarthy pointed out, the FBI did not need to get a FISA warrant to surveil Mr. Page.  He had previously cooperated with the FBI in a prior investigation of an alleged Russian spy and they could have gone back to him again and asked him about what he knows.  Since he apparently had cooperated and helped them in the past, what did they believe had occurred by 2016 that forestalled their going to Mr. Page again before getting a FISA warrant?  For a full impact / understanding of this read Mr. McCarthy’s article linked above. As Mr. McCarthy explains, this point is very critical and is another reason why the public needs to be allowed to see the application and renewals to the FISA Court.

With the atrocious massacre at the high school in Florida, the school safety and gun control debate this has started and now the President’s trade tariff announcement it is natural for people to have “moved on” from FISA Gate.  But this violation of the 4th Amendment is a critical issue – if law enforcement at the highest level of our country can lie to a Federal Court judge(s) to get a warrant like it did here and it is allowed to go unanswered and unpunished, what is the stop them from doing this again and again and again?

What’s next?  I suspect the next shoe to drop in this scandal will be the report by Inspector General Michael Horowitz.  When will that come out?  I do not know but not fast enough for me.  When it does I will publish a Part IV here.  It would be far better for the country for the FISA application and renewals to be released to the public now.

Craig P. Alexander is an attorney and principal of the Law Offices of Craig P. Alexander in Dana Point, California.  A large part of his legal practice is regarding the California Public Records Act to obtain documents from state and local governments (the state version of the Freedom of Information Act to obtain documents from the Federal government).

 

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