Foreign Intelligence Surveillance Act (FISA)

The Suicide Pact as a Political Argument

#PutiPoodle | #WhatTheyVotedFor

Contemplation of Justice

This is an interesting starting point:

If the Justice Department and the FBI knowingly used an unreliably biased witness to win a FISA warrant against Carter Page, violating his civil liberties in the process, you would therefore expect that there are some judges on the FISC who are concerned. They, after all, are the ones who were misled. They are the ones who signed warrants and renewals based on shoddy information. Conversely, if the judges on the FISC are not hopping mad, you might take that as evidence that they don’t, in fact, feel misled and that the Justice Department and FBI conduct was, after all, reasonably within the obligations of lawyers and investigators before the court.

(Wittes)

One particularly difficult aspect of the #TrumpRussia scandal is the manner in which the context of dispute overshadows history itself. It is telling, in comparison, that Democrats have come to defend and advocate the individual mandate, but also that Republicans and conservatives turned on their own idea; at some point, we ought to take the note about insincerity. It has, for years, also been true that a liberal political relationship to law enforcement is fraught, to say the least; but it is also true that conservatives have simultaneously drummed up tough law-and-order talk while relying more and more on conspiracy theories denigrating and defaming law enforcement institutions. Naturally, the allegedly liberal party finds itself defending the law enforcement agency and agent that, to the one, undertook irregular actions wrecking the Democratic presidential candidate, and that alone ought to be boggling. To the other, if we set aside Donald Trump for a moment, the FBI is also the agency that reviews its own duty-related killings, and has found itself to be perfect, something like a hundred fifty out of a hundred fifty. Given a day in court to indict all the sleazy tactics of a powerfully effective eugenic “drug war” any liberal would find the FBI in line to defend the necessity of allowing law enforcement to behave that way. Yet the spectacle continues apace, with Republicans hollering until they wheeze and Democrats breathlessly defending one of the most controversial law enforcement agencies on the planet. Without this extraordinary, self-inflicted presidential scandal requiring our priority, what is up with the Federal Bureau of Investigation, anyway? Federal law enforcement is still law enforcement.

Just as Democrats finding themselves rallying to defend the individual mandate ought to be significant of something about how we reached this point, or Jade Helm leaving liberals to consider posturing an ostensible general defense of the American military; or, if we can remember back to 2009, the conservative roll from patriotism and the indignity of protesting against the president to the patriotic necessity of threatening the president with firearms; or, hey, we might consider decades of conservative conspiracism including the National Rifle Association, and then wonder whether it will be law enforcement or the military confiscating the guns; so, too, might we wonder at the trend of conservatives behaving so badly that others need to do their jobs for them.

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A Steady Drip (Carter Page)

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Composite — Donald Trump: Detail of photo by Mark Peterson/Redux for msnbc; Carter Page: AP Photo; Puti-Toots: Artist unknown.

Something goes here about the headlines that drop in the evening; in the week before President Trump’s infamous tweetstorm accusing President Obama of wiretapping him, evening headlines kept the White House running ragged night after night. And, yes, there is some irony that we have now come far enough ’round the circle that Carter Page might well be the answer to what the president was on about. Or, as the evening headline from the Washington Post has it, “FBI obtained FISA warrant to monitor Trump adviser Carter Page”:

This is the clearest evidence so far that the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of an investigation into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor.

Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others in connection with Russia’s meddling in the 2016 presidential election. The counterintelligence investigation into Russian efforts to influence U.S. elections began in July, officials have said. Most such investigations don’t result in criminal charges.

Rachel Maddow spent some effort on msnbc last night driving a point about how unusual it is that we should see leaked such details of a FISA warrant. In that context perhaps it behooves us to consider whether or not the prospect of leaking this FISA warrant would come about at all were it not for President Trump’s twitterpated tantrum after a week of bad evening headlines.

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The Story So Far (#crackpottery)

#crackpottery | #WhatTheyVotedFor

#PutiTrump: Protest image of Vladimir Putin, artist unknown. Donald Trump in detail of photo by Mark Peterson/Redux for msnbc, 2016.

While the damage assessment remains uncertain, President Trump’s weekend twitterpation certainly raised the Beltway beyond murmur and buzz, and near to open clamor. As distractions go, it is certainly a handful of headlines to follow, but the problem with news derived from fantasy is often that it is rather quite difficult to discern what portions of the noise are which. Steve Benen offers the Monday morning overview, and we would not so much complain that it does not help as, rather, point out that even still, the situation is a messy patchwork of speculation, insinuation, and mystifying whatnot:

Why does Trump believe Obama had his “wires tapped” before the election? Perhaps the better question is why Trump believes anything he says about any subject. In this case, the president said on Saturday that he “just found out” about the alleged Obama scheme, but by all accounts, this didn’t come from any official sources. It’s likely the Republican president relied on a report from Breitbart, a right-wing website his former strategist used to run. (It’s also possible Trump saw a piece in the National Enquirer about Obama being out to get him and started filling in the gaps with imagined evidence.)

Is it possible Obama really did tap Trump’s phone? Well, that’s where this gets interesting. Whether Trump understands this or not, a president doesn’t have the authority to unilaterally order a tap on an American’s phone calls. An administration can, however, get a warrant if there’s credible evidence that’s brought before a judge.

It creates an awkward dynamic: either there was no secret surveillance, in which case the president is starting to appear delusional, or there was secret surveillance, in which case there’s evidence that Trump is suspected of serious crimes and/or is an agent of a foreign government. Either way, the Republican isn’t doing himself any favors with tantrums like these.

What are members of Trump’s White House team doing about this? As is often the case, the West Wing is starting with ridiculous comments from the president, and then reverse-engineering their way through the process.

The New York Times reported, “[A] senior White House official said that Donald F. McGahn II, the president’s chief counsel, was working to secure access to what Mr. McGahn believed to be an order issued by the Foreign Intelligence Surveillance Court authorizing some form of surveillance related to Mr. Trump and his associates. The official offered no evidence to support the notion that such an order exists.”

And this is how it goes: Louise Mensch → Mark Levin → Breitbart → Donald Trump → Twitter → headlines.

Yes, really, this starts with a Tory.

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Image note: #PutiTrump: Protest image of Vladimir Putin, artist unknown. Donald Trump in detail of photo by Mark Peterson/Redux for msnbc, 2016.

Benen, Steve. “Trump targets Obama with wild-eyed wiretapping conspiracy theory”. msnbc. 6 March 2017.