How the FBI and DOJ Lied to the FISC Court

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Bear in mind, when the FBI and DOJ presented the Steele Dossier to the court as their pretext to open surveillance, they would have almost certainly identified him as a “source” who has “previously proven reliable” (the quotes are just-for-example verbiage, not actual quotes) and cited, for example, his work in the FIFA investigation as well as his service in MI6.

In short, they would have presented his inherent reliability as a reason to believe the otherwise completely unsubstantiated claims his “dossier” offered. His dossier offered no proof — the only “proof” of the dossier’s claims would Steele’s reliability, honesty, and lack of bias or material interest in this case.



But, according to The Memo, the FBI and DOJ had reason to know that Steele wasn’t all that reliable — and they concealed each of these points from the court:

1. They withheld from the court that Steele was working for Trump’s rival for the presidency, Hillary Clinton, and the DNC, which Hillary Clinton had contractually taken over by this point. They only said in their application that Steele was working for a “U.S. person.”

The fact that Steele had been commissioned by Trump’s political opponent would have greatly diminished his perceived reliability — he had a material interest in this dossier “succeeding.” He had been paid $160,000 to produce it. (And note, Glenn Simpson refused to say if he was ever paid to get an investigation started.)

As this information would have reduced Steele’s reliability in the court’s eyes, the FBI/DOJ concealed that from the court. They lied. They represented Steele as reliable, but then hid competing evidence of his unreliability.

This sort of hearing is ex parte. Only one side gets to present evidence to a judge. No representative of Trump or Carter Page was in the room. It seems to me that the government, when seeking a warrant in an ex parte hearing, should present contrary evidence so that the judge can make an informed decision. There’s no opposing party in the room to offer that contrary evidence, and no one except the government itself to look out for the civil rights of the people it’s seeking surveillance orders on.

The government does not seem to have offered the court such information, and seems to have concealed information they knew would be relevant to the judge’s understanding of the situation and his decision on granting the warrant.

To the detriment of a citizen’s civil rights, note.

2. No less an authority than Bruce Ohr communicated to his superiors that Steele was personally extremely biased in this matter. Not just paid to be biased; but personally, emotionally biased himself.

Ohr reported that Steel personally “was desperate that Donald Trump not get elected and was passionate about him not being president.”

Steele’s reliability depends largely on his judgment, his dispassion. Steele didn’t have any information of his own — he got his information long-distance from Russian operatives and government officials whom he might have paid. Steele has always been touted as an “MI6 agent” to prove that he is expert in separating bullshit from real intelligence — and yet, he put transparent nonsense like the Pee-Pee Party bullshit into his dossier.

Given that he was “desperate” and “passionate” to keep Trump out of the White House, one begins to understand his failure to discriminate between plausible claims and implausible ones.

This information would have helped the court determine if it agreed with the FBI and DOJ that Steele was reliable and a good judge of unverified gossip and rumor — so the FBI and DOJ again concealed this highly-pertinent information from the court.

3. The FBI and DOJ had, of course, a huge reason to suspect Steele wasn’t as reliable as they were representing to the court– namely, that they stopped working with him for violating their ethical rules of confidentiality in peddling these claims to media organizations. I would say that Steele betrayed himself here, proving that he was still working for FusionGPS as a political operative trying to plant dirt against a target he was paid to undermine, and not an informant or researcher working for the FBI.

The FBI and DOJ concealed the fact that they had terminated their relationship with Steele from the court.

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However, the FBI/DOJ “assessed” that Isikoff’s reporting was independent and represented it that way to the court.

Now, it we can’t say they lied on that point — they might just have been wrong. Incompetent, as usual. Steele lied to them about, or at least concealed, his blabbing to reporters.

Did they QUESTION Isikoff as to where his information came from? Or, since they fired Steele for TELLING the media what was in the dossier, did they bother to put 2 and 2 together and get Clinton?

Since Bill Clinton gave a $500,000 speech in Russia while his wife was Secretary of State, why didn’t the FBI use “Clinton Cash” to get FISA warrants to spy on him and to initiate an investigation with a special counsel into the Clinton Foundation?