With the release of heavily redacted documents surrounding the surveillance of one-time Trump campaign advisor Carter Page, the picture has become far more clear. As hard as it is for me to accept, it looks as though the FBI and DOJ sought to use the most awesome surveillance tools in the American arsenal – designed to spy on terrorists and foreign governments – against an American citizen without vetted and verified documentation that the citizen was an agent of a foreign power engaging in clandestine intelligence activities that broke US laws. Some people don’t seem to realize that just because you are paid by Russia, talk to Russia, work as an advisor to Russia, it doesn’t follow that you are an agent of a foreign power as that phrase is defined in the Foreign Intelligence Surveillance Act.
In order to be so accused, the government must have cause to believe the US citizen is acting in a way to conspire with or aid that foreign power in its clandestine intelligence activities. In other words, the government asserts in its application before the FISA court that Page was so engaged, that he was conspiring with Russia to engage in clandestine intelligence, like spying, and that these activities were violations of law. But, the government can’t just say, “hey Judge, this guy is an agent of a foreign power.” No, they must provide evidence for that claim. In this application, they told the court that the dossier compiled by former British spy Christopher Steele provides that evidence. The problem? That evidence was nothing that was witnessed by or even known first hand to Christopher Steele. (He hasn’t been in Russia in decades, apparently.) So, even though the FBI told the court that Steele could be relied upon, what about the sources he used to make the claim? Stay with me now…..Steele relied upon Russians, some of who also relied upon other Russians, to claim that Page met with 2 still-other Russians who are engaged in nefarious Russian-type anti-US stuff.
Before telling a judge he or she should rely upon information from an informant, the FBI must – and usually does – go about verifying the reliability of that person and their information: were they in a position to see what they claimed, have they given reliable information in the past, do they have any kind of bias that might impugn their credibility…. So, in an investigation like this, the FBI should have checked the reliability of Steele’s sources. Steele’s reliability was far less relevant than that of the people claiming first hand knowledge that Carter Page was spying for mother Russia.
I spent months talking to agents and presenting these FISA warrants to the court in the Sensitive Compartmented Information Facility (“SCIF”) courtroom deep inside main justice in DC. I asked the agents about every single paragraph in their proposed FISA warrant applications. Why? Because I had to know that every representation made by the agent was true because I was the one going before the court and answering any questions they had. Unlike regular criminal court warrants, where the agent is the one under oath and answering any questions the judge has, in this court, the FISA court, it was me in that role. So, you better believe I asked the agents to explain to me where every single fact came from in that massive document. And this process is why I am so utterly sad to read the released documents. It is glaringly obvious that the agents and lawyers involved in this surveillance request against Carter Page did not vet the Steele dossier before providing it to the court as if it were verified and vetted.
In fact, the FBI at the highest level “verified” to the court that every fact was true. Every. Fact. We know that was a lie because former Director James Comey told Congress in 2017 that the dossier was “unverified.” Comey himself signed the verification page in the original application. See? So sad. Mostly it is sad for Carter Page, whose communications (including going backward in time) were intercepted (and his privacy violated), and who has yet to be charged with any crime 2 years later. But also sad for this country. We are supposed to be better than this. The Department of Justice is supposed to be better than this. Would you want this level of ineptitude or corruption to be directed your way? I wouldn’t.
For more on this, check out my CNN appearances debating former James Comey insider/friend Josh Campbell on Erin Burnett’s Out Front:
Here: http://www.snappytv.com/tc/7989126
And here: http://www.snappytv.com/tc/8013254