With news full of reports
about the fraudulent dossier used to obtain the FISA warrant to
intercept communications of Carter Paige and the release of the memo
last week, the following is provided to UTT readers to help them
understand what it takes to obtain a FISA warrant, that FISA is
constitutional, and that FISA is needed for the national security of
America.
F.I.S.A. stands for the
Foreign Intelligence and Surveillance Act, and was legislated by the
U.S. Congress in 1978 to ensure American citizens were protected from
overzealous government intrusion into their privacy in the name of
"national security."
The FISA Court provides a
means for the U.S. government to collect on subjects of
sensitive/classified investigations (counterintelligence and
terrorism for example) without endangering sources and means of the
investigation.
FISA judges are federal
judges who have been confirmed by the U.S. Senate and chosen by the
Chief Justice of the U.S. Supreme Court.
Understanding the Threat's
President John Guandolo served as a Supervisor in the
Counterterrorism Division at FBI Headquarters during his career in
the FBI. In that capacity, he was the affiant - one who swears
to the veracity of an affidavit - in support of numerous FISA
warrants.
When an FBI agent in the
field needs a FISA warrant, he/she contacts their supervisor at FBI
headquarters who acts as the affiant for the warrant. The two
work through the affidavit, sometimes over 100 pages long, until the
FBIHQ Supervisor is satisfied the legal standard of Probable Cause is
met and the facts are verified.
The FBIHQ supervisor works
with a Department of Justice attorney, and the cover sheet for the
affidavit must be signed off by a DOJ official. The affidavit
is also reviewed and signed off by the FBI Director or Deputy
Director.
It is not unusual for the
FBI supervisor and DOJ attorney to meet with the FBI Director over a
weekend at his home while the Director reviews the affidavit, asks
questions, and is satisfied the affidavit can go to the judge.
Then the FBI supervisor and
DOJ attorney sit before the FISA judge who reads the affidavit and
asks questions. When the judge signs the affidavit, the
technical process begins to intercept the subject of the
investigation.
This entire process is
legal, constitutional and an important tool in the national security
toolbox for dedicated servants inside the government.
In the current case before
us, FBI and Department of Justice leaders put forth an affidavit that
- as the memo released last week makes clear - was fraudulent and the
FBI knew it. The dossier from Christopher Steele was fabricated
and purchased by Hillary Clinton/DNC, and yet this information was not
provided to the FISA judge during the initial application for the
FISA warrant nor at any of the three times when the warrant was
renewed.
In a vacuum, these actions
are violations of federal law. At a minimum, this is perjury
and tampering with a federal election by those involved.
But it is much worse than
that.
Robert Mueller's
investigation was predicated on a request for Special Counsel which
did not allege any crime. The FISA warrant for Paige was
predicated on lies using a source known by the FBI to lack
credibility (Steele).
In reality, these actions -
efforts to tamper with a federal election and, now, undermine and
overthrow a duly elected President of the United States - constitutes
"Sedition."
Title 18
of U.S. Code Section 2381 reads: "Whoever, owing
allegiance to the United States, levies war against them or
adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty
of treason and shall suffer death, or shall be imprisoned not less
than five years and fined under this title but not less than $10,000;
and shall be incapable of holding any office under the United States."
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