Spy Court Picks FISA Abuse Denier To Tackle FISA Abuse

  
Via:  Vic Eldred  •  9 months ago  •  18 comments

By:   Mollie Hemingway

Spy Court Picks FISA Abuse Denier To Tackle FISA Abuse
Kris’ biggest problem was his published denunciation of the now-vindicated Nunes memo. He joined many other members of the Resistance, whether in the media, the Democratic Party, or the NeverTrump movement, in denouncing Nunes and defending the FBI as beyond reproach.

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The nation’s top spy court appointed an Obama-era Justice Department official who has denied and downplayed FBI surveillance abuse to assess the FBI’s response to a scathing new report cataloguing problems with how the agency secured authority to spy on a Donald Trump campaign affiliate.

Foreign Intelligence Surveillance Court (FISC) presiding Judge James Boasberg   appointed David Kris   to review the FBI’s proposed changes to its surveillance application process even though he spent the past few years running interference for the FBI as substantive criticism of the agency mounted.

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David Kris

Lengthy investigations in the House of Representatives and by the Department of Justice inspector general showed major problems with the claims the FBI made as part of an investigation into whether Trump was a traitor who had colluded with Russia to steal the 2016 election. Those problems include withholding exonerating evidence, undue reliance on shady sources, and outright alteration of evidence.

Kris, who served as assistant attorney general for the DOJ’s National Security Division, recently claimed the IG report that catalogued egregious abuse of the Foreign Intelligence Surveillance Act (FISA) powers actually vindicated the FBI. He also smeared Rep. Devin Nunes in 2018, saying his initial sounding of the alarm about those abuses was incorrect, threatened national security, and should be harshly punished.

Kris appeared in locations that pushed the false Russia collusion narrative, such as Rachel Maddow’s MSNBC show, the Lawfare blog, and Twitter, to defend the FBI and attack President Trump and other critics of the harmful surveillance campaign. He once wrote that Trump “should be worried” that Special Counsel Robert Mueller’s investigation into treasonous collusion with Russia meant “ the walls are closing in .”

The appointment of a former official who served as an apologist for the FBI signals that the court isn’t particularly concerned about the civil liberty violations catalogued by Inspector General Michael Horowitz’s investigation into the year-long surveillance of Carter Page. Page is the Trump campaign affiliate whose phone and email communications federal agents wiretapped, and who had confidential human sources and overseas intelligence assets placed against him. False claims that Page was a Russian spy were leaked to the media by government officials as part of a years-long campaign to paint President Trump as a traitor who had colluded with Russia to steal the 2016 election.

The court “finds it appropriate to appoint David S. Kris, Esq., to serve as amicus curiae to assist the Court in assessing the government’s response to” a Dec. 17, 2019, order to “inform the Court . . . of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application.”

The pick was   justified   on the grounds that he is one of the few officials with FISA experience. But Kris has repeatedly shown himself to be a reflexive defender of the FBI, even as evidence mounted of its malfeasance. Here are some examples of that.

Kris Adopted Resistance Messaging about the Russia Collusion Theory


Kris was one of the many Washington insiders who either fell for or pretended to fall for the validity of the Russia collusion hoax.

“I suspect that POTUS and his closest advisors are and should be worried that, depending on the evidence, Mueller’s next steps will make it feel like the walls are closing in,” he opined on   Twitter .

The Mueller investigation noted that Russia, as per its historic practice, attempted to meddle in the 2016 campaign. It found no evidence that it had colluded with any American, much less any Trump campaign affiliate, much less Trump himself, in its ongoing meddling campaign.

Kris Was Grievously Wrong about the Nunes Memo


Kris’ biggest problem was his published   denunciation of the now-vindicated Nunes memo . He joined many other members of the Resistance, whether in the media, the Democratic Party, or the NeverTrump movement, in denouncing Nunes and defending the FBI as beyond reproach.

“The Nunes memo was dishonest. And if it is allowed to stand, we risk significant collateral damage to essential elements of our democracy,” Kris said. In fact, the Nunes memo was right, although it only touched on some of the FBI malfeasance that the inspector general report later confirmed in detail.

Kris specifically said the “fundamental claim” by Nunes that the FBI misled the court about Christopher Steele was “ not   true.” Kris said that the government “provided the court with enough information to meaningfully assess Steele’s credibility.” He   credulously accepted the FBI’s claims   that there was probable cause that Page was a secret Russian asset. “It’s disturbing that Page met that legal standard and that there was probable cause to conclude he was a Russian agent,” he wrote.
Kris said Nunes should be removed from office and removed as chairman of the committee. He floated the idea that Nunes should be charged with obstruction of justice. Kris  called for voters to rise up against Republicans  and unseat them to keep Nunes from performing oversight of the agency and intelligence community.

Kris Adopted Resistance Spin on the IG Report


When the IG report came out, Kris was in lockstep with the spin that the leakers had put out for the weeks leading up to the release of the Horowitz report. He said, as the pre-report leakers asserted through friends in the media, that the “main finding” was that there was no bias and that the claims of critics were fully repudiated. He did acknowledge some mistakes, but downplayed them.

Kris Helped Maddow Defend the FBI against Oversight


When the applications to spy on Page — a man who was victimized by a false dossier alleging he betrayed his country and endured one year of intensive surveillance without being charged with any crime, much less any crime related to treasonous collusion with Russia to steal the 2016 election — were released, Kris appeared on Rachel Maddow’s MSNBC show to defend the FBI and lambast its critics.

Maddow spun the release of those applications in such a way as to say they helped the FBI’s case that Page was a threat to national security who had lost his right not to be spied on by the government.   Kris agreed , and claimed the FBI had done everything right in its surveillance process. Kris was presented as one of the few people who have ever had responsibility for the FISA process. He used his time to criticize Nunes, the member of Congress who first revealed the problems at the FBI in the face of derision by the media and other members of the Resistance.

Kris falsely claimed that the applications “substantially undermine the president’s narrative and that of his proxies” and that if there were more investigation or transparency, it would “get worse and not better” for them.

He said, though, that more investigation and release of information would be “dangerous.” He criticized the president, saying he was “free to make up whatever facts suit him” while the FBI was at a disadvantage by its desire to do things properly.

When Kris was attacking Nunes for bringing the FBI malfeasance to light, he claimed that if the FBI had withheld information in its FISA applications, “heads would have rolled on Pennsylvania Avenue.” FBI headquarters are located on Pennsylvania Avenue. The FBI has been definitively shown to have withheld information in its FISA applications, but instead of heads rolling, vehement apologists of the agency are being assigned to assess proposed reforms.


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Mollie Ziegler Hemingway is a senior editor at The Federalist.
She is Senior Journalism Fellow at Hillsdale College and a Fox News contributor.


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Vic Eldred
1  seeder  Vic Eldred    9 months ago

Is it any wonder that there was no outrage from FISA Court judges when they learned they had been manipulated by the FBI?

 
 
 
Dismayed Patriot
1.2  Dismayed Patriot  replied to  Vic Eldred @1    9 months ago
Is it any wonder

Is it any wonder that Republicans who make all sorts of public negative comments about their political opponents but don't see it at all problematic when they are in the investigators seat? To Republicans, a partisan investigation of their enemies is right and proper and anything they find should be consider 'Gods honest truth', but someone expressing any negative view of them or their inept President is simply too biased to be believed and anything they find should be disregarded. It must be very convenient to have such a flexible double standard, it's obviously what allows such seemingly impossible feats like stuffing ones head in ones own ass.

 
 
 
Tessylo
1.2.1  Tessylo  replied to  Dismayed Patriot @1.2    9 months ago

That appears to be their only standard(s), double standards 

 
 
 
Ronin2
1.2.2  Ronin2  replied to  Dismayed Patriot @1.2    9 months ago

And Democrats don't?

You think Democrats are unbiased and should be trusted to lead any investigation? jrSmiley_80_smiley_image.gif

 
 
 
Tessylo
1.2.3  Tessylo  replied to  Ronin2 @1.2.2    9 months ago

Truth, reality, and honesty are democratic/liberal/progressive standards

 
 
 
Dismayed Patriot
1.2.4  Dismayed Patriot  replied to  Ronin2 @1.2.2    9 months ago
You think Democrats are unbiased and should be trusted to lead any investigation?

I'm saying they're no more biased than Republicans, and if we can't trust either to live up to their oaths of office and promise to uphold the constitution then who do you suggest we look to for true impartiality?

All we can do is trust them when the people elect them and they take their oath until they actually prove through their actions, not just their partisan opinions or some random tweet, that they've acted out of pure partisanship and made decisions based solely on their partiality contrary to the constitution or the facts.

The above hit piece is pure partisan politics as it just claims that because David Kris doesn't buy into the Republican narrative of this completely out of control, or supposedly under the control of, some fantasy "deep state" FBI, that he can't be trusted to head the investigation. Without any evidence of him doing anything wrong other than voicing his disbelief of the stated Republican narrative, all this becomes is just more baseless right wing partisan attacks.

 
 
 
squiggy
1.2.5  squiggy  replied to  Tessylo @1.2.3    9 months ago

jrSmiley_86_smiley_image.gif

 
 
 
Vic Eldred
1.2.6  seeder  Vic Eldred  replied to  Dismayed Patriot @1.2    9 months ago
a partisan investigation

A totally justified investigation!  There was no basis for the FBI investigations and they misled the FISA Court to get warrants. Those are FACTS!

 
 
 
Vic Eldred
1.2.7  seeder  Vic Eldred  replied to  Tessylo @1.2.1    9 months ago

Projection!

 
 
 
Vic Eldred
1.2.8  seeder  Vic Eldred  replied to  Dismayed Patriot @1.2.4    9 months ago
The above hit piece is pure partisan politics

Nope, it's proof positive why the entire FISA Court must go. It has no safeguards and progressives will continue to use it!

 
 
 
KDMichigan
1.2.9  KDMichigan  replied to  Vic Eldred @1.2.8    9 months ago
It has no safeguards and progressives will continue to use it!

I think you mean abuse it.

 
 
 
Vic Eldred
1.2.10  seeder  Vic Eldred  replied to  KDMichigan @1.2.9    9 months ago

Use and abuse!

 
 
 
Jasper2529
1.3  Jasper2529  replied to  Vic Eldred @1    9 months ago

When Obama's wolves in the DoJ, FBI, CIA, MSM, etc., were guarding the hen house, nothing could go wrong. 

 
 
 
Tacos!
2  Tacos!    9 months ago
appointed David Kris   to review the FBI’s proposed changes to its surveillance application process

(glances at top sheet of proposed changes)

"Yeah, this is fine."

 
 
 
Sean Treacy
3  Sean Treacy    9 months ago

Couldn't find a 9/11 truther or chemtrial conspiracy buff to appoint?

This hack should be nowhere near a courtroom, let alone involved at any level with the FISA court.

 
 
 
KDMichigan
3.1  KDMichigan  replied to  Sean Treacy @3    9 months ago

Next they will be appointing Rachel Madcow as a lead investigator with her hard hitting investigative journalism.

 
 
 
Vic Eldred
4  seeder  Vic Eldred    9 months ago

In Conclusion:

The undeniable facts are these:

Hired by Clinton campaign operatives to smear Trump, Steele authored a document (the Steele Dossier), which the FBI used to fraudulently obtain a FISA warrant to spy on Trump and his associates. Operatives were also sent to spy on and entrap the Trump team.

 
 
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