About the staggering criminal corruption that is Washington, DC, re-read the IG report. Charlie Savage makes some excellent observations that have nothing to do with Trump.
When a long-awaited inspector general report about the F.B.I.’s Russia investigation became public this week, partisans across the political spectrum mined it to argue about whether President Trump falsely smeared the F.B.I. or was its victim. But the report was also important for reasons that had nothing to do with Mr. Trump.
At more than 400 pages, the study amounted to the most searching look ever at the government’s secretive system for carrying out national-security surveillance on American soil. And what the report showed was not pretty.
While clearing the F.B.I. of acting out of political bias, the Justice Department’s independent inspector general, Michael E. Horowitz, and his team uncovered a staggeringly dysfunctional and error-ridden process in how the F.B.I. went about obtaining and renewing court permission under the Foreign Intelligence Surveillance Act, or FISA, to wiretap Carter Page, a former Trump campaign adviser.
“The litany of problems with the Carter Page surveillance applications demonstrates how the secrecy shrouding the government’s one-sided FISA approval process breeds abuse,” said Hina Shamsi, the director of the American Civil Liberties Union’s National Security Project. “The concerns the inspector general identifies apply to intrusive investigations of others, including especially Muslims, and far better safeguards against abuse are necessary.”
Congress enacted FISA in 1978 to regulate domestic surveillance for national-security investigations — monitoring suspected spies and terrorists, as opposed to ordinary criminals. Investigators must persuade a judge on a special court that a target is probably an agent of a foreign power. In 2018, there were 1,833 targets of such orders, including 232 Americans.
Most of those targets never learn that their privacy has been invaded, but some are sent to prison on the basis of evidence derived from the surveillance. And unlike in ordinary criminal wiretap cases, defendants are not permitted to see what investigators told the court about them to obtain permission to eavesdrop on their calls and emails.
Civil libertarians for years have called the surveillance court a rubber stamp because it only rarely rejects wiretap applications. Out of 1,080 requests by the government in 2018, for example, government records showed that the court fully denied only one.
Defenders of the system have argued that the low rejection rate stems in part from how well the Justice Department self-polices and avoids presenting the court with requests that fall short of the legal standard. They have also stressed that officials obey a heightened duty to be candid and provide any mitigating evidence that might undercut their request.
But the inspector general found major errors, material omissions and unsupported statements about Mr. Page in the materials that went to the court. F.B.I. agents cherry-picked the evidence, telling the Justice Department information that made Mr. Page look suspicious and omitting material that cut the other way, and the department passed that misleading portrait onto the court.
And, had it not been for the Trump case, much of this would have never seen the light of day – see the secrecy parts. Now, what do we do with it all? My guess is more of the same.
