Andrew McCarthy ... FBI used the steele dossier and shamed the FBI...

[2aguy]

Andrew McCarthy should know, he was a Federal Prosecutor and convicted the blind sheik....


Carter Page FISA Applications: FBI Used Steele Dossier | National Review

On a sleepy summer Saturday, after months of stonewalling, the FBI dumped 412 pages of documents related to the Carter Page FISA surveillance warrants — the applications, the certifications, and the warrants themselves. Now that we can see it all in black and white — mostly black, as they are heavily redacted — it is crystal clear that the Steele dossier, an unverified Clinton-campaign product, was the driving force behind the Trump–Russia investigation.

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The FBI presented the court with allegations posited by Steele. He is in the position of X in our hypothetical. He is not the source of any of the relevant information on which the court was asked to rely for its probable-cause finding that Page was a clandestine agent of Russia. In this context, source means a reliable witness who saw or heard some occurrence on which the court is being asked to base its ruling.

Steele has not been in Russia for about 20 years. In connection with the dossier allegations, he was merely the purveyor of information from the actual sources — unidentified Russians who themselves relied on hearsay information from other sources (sometimes double and triple hearsay, very attenuated from the supposed original source).

In each Carter Page FISA warrant application, the FBI represented that it had “reviewed this verified application for accuracy.” But did the bureau truly ensure that the information had been “thoroughly vetted and confirmed”? Remember, we are talking here about serious, traitorous allegations against an American citizen and, derivatively, an American presidential campaign.

When the FBI averred that it had verified for accuracy the application that posited these allegations, it was, at best, being hyper-technical, and thus misleading. What the bureau meant was that its application correctly stated the allegations as Steele had related them.

But that is not what “verification” means. The issue is not whether Steele’s allegations were accurately described; it is whether they were accurate, period. Were the allegations thoroughly vetted and confirmed by proof independent of Steele before being presented to the FISA court — which is what common sense and the FBI’s own manual mean by “verified”?

No, they were not.

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I am embarrassed by this not just because I assured people it could not have happened, and not just because it is so beneath the bureau — especially in a politically fraught case in which the brass green-lighted the investigation of a presidential campaign.

I am embarrassed because what happened here flouts rudimentary investigative standards. Any trained FBI agent would know that even the best FBI agent in the country could not get a warrant based on his own stellar reputation. A fortiori, you would never seek a warrant based solely on the reputation of Christopher Steele — a non-American former intelligence agent who had political and financial incentives to undermine Donald Trump. It is always, always necessary to persuade the court that the actual sources of information allegedly amounting to probable cause are believable.

 

[OODA_Loop]

Strozk lied - Hillary cried.

 

[2aguy]

Strozk lied - Hillary cried.

He goes on....

The FISA Judges
In my public comments Sunday morning, I observed that the newly disclosed FISA applications are so shoddy that the judges who approved them ought to be asked some hard questions. I’ve gotten flak for that, no doubt because President Trump tweeted part of what I said. I stand by it. Still, some elaboration, which a short TV segment does not allow for, is in order.

I prefaced my remark about the judges with an acknowledgment of my own personal embarrassment.

When people started theorizing that the FBI had presented the Steele dossier to the FISA court as evidence, I told them they were crazy: The FBI, which I can’t help thinking of as myFBI after 20 years of working closely with the bureau as a federal prosecutor, would never take an unverified screed and present it to a court as evidence.


I explained that if the bureau believed the information in a document like the dossier, it would pick out the seven or eight most critical facts and scrub them as only the FBI can — interview the relevant witnesses, grab the documents, scrutinize the records, connect the dots. Whatever application eventually got filed in the FISA court would not even allude en passant to Christopher Steele or his dossier. The FBI would go to the FISA court only with independent evidence corroborated through standard FBI rigor.

Should I have assumed I could be wrong about that? Sure, even great institutions go rogue now and again. But even with that in mind, I would still have told the conspiracy theorists they were crazy — because in the unlikely event the FBI ever went off the reservation, the Justice Department would not permit the submission to the FISA court of uncorroborated allegations; and even if that fail-safe broke down, a court would not approve such a warrant.

It turns out, however, that the crazies were right and I was wrong. The FBI (and, I’m even more sad to say, my Justice Department) brought the FISA court the Steele-dossier allegations, relying on Steele’s credibility without verifying his information.