The House Rules Committee is releasing text of proposed changes to FISA (full pdf below).  The “deal” is intended to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.
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(House Rules Link pdf)

In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

~ Something has to happen this week ~

AG Bill Barr traveled to Capitol Hill today for meetings with House and Senate leadership.  However, Tom Fitton is correct in this interview.  Nothing currently being called “reform” is going to address abuse when those who abused the system are not held accountable.

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In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

~ Something has to happen this week

The Senate is scheduled to recess March 13, 2020.  Additionally, the DOJ/FBI response to the FISA court order (due February 5th) has still not been made public.  If congress is going to reauthorize the controversial FISA provisions, they now have only *FIVE* days; and the good news today is Doug Collins confirming the House does not have enough votes to support a “clean reauthorization.” Hopefully, that means FISA is going to change.

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According to Senator Rand Paul, President Trump is committed to seeing that FISA is not reauthorized without “significant” reform. Senator Paul has proposed to significantly change the FISA process by forcing the DOJ, FBI and Intelligence Community to apply for search and surveillance warrants to Title-3 courts in order to access any NSA database containing private information of American citizens.
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Initially the DOJ and FBI wanted to include (bury/hide) a FISA renewal effort within the Coronavirus spending bill.  However, facing sunlight and backlash from democrats & republicans in congress, along with push-back from President Trump, that approach appears to have been scrapped. Hence the current timing of a FISC opinion and order.
The FISA Court has responded to the overall reform proposal of the DOJ and FBI [FISC Link Here]. However, in the opinion & order today, written by Presiding Judge Boasberg, the court does not address the ongoing downstream investigative consequences from the fraudulent Carter Page FISA application.  Instead the presiding judge focuses narrowly on the DOJ and FBI proposals for future applications.

The issues of what evidence the FBI/DOJ gathered from the exploitation of the fraudulent warrant is not addressed.  Nor does the court deal with the downstream issues of what cases may have been enhanced with illegally obtained surveillance authority.  Additionally, how the DOJ and FBI are attempting to round-up (“sequester”) any evidence that was gathered as a result of the fraudulent and unlawful FISA application is also not addressed.
Instead, within his opinion & order Judge Boasberg focuses exclusively on the recommendations from Amici Curiae David Kris, the appointed arbiter and liaison between the court and the DOJ, along with the changes proposed by FBI Director Christopher Wray and U.S. AG Bill Barr to the FISA application process.
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Senator Rand Paul reported earlier this evening that he met with President Trump in the White House to discuss the pending FISA reauthorization.  According to Senator Paul President Trump will not support reauthorization without “significant FISA reform”.
Senator Paul appears with Lou Dobbs to discuss the latest developments.  The position being put forth by Rand Paul is exactly correct.  Change the law so that FISA can only be used against foreign actors, and force the DOJ or intelligence apparatus to go to a normal Title-3 court for a search/surveillance warrant against any American. WATCH:

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Ohio congressman Jim Jordan appears on Fox News to discuss the current status of FISA reauthorization and the reason why reforms to the process are needed.   Additionally, Jordan outlines why there is partisan resistance to the nomination of John Ratcliffe as Director of National Intelligence (DNI).

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Representatives requesting FISA reform prior to renewal include: Mark Meadows, Jim Jordan, Doug Collins, Jody Rice, Devin Nunes and Steve Scalise. Additionally, Senators Mike Lee, Ted Cruz and Senator Rand Paul are trying to force reform or let the current version expire. AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.
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The Senate is scheduled to go back into recess March 13, 2020.  Additionally, the DOJ/FBI response to the FISA court order (due February 5th) has still not been made public.  If congress is going to reauthorize the controversial FISA provisions, they have ten days.
In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.
Representatives requesting FISA reform prior to renewal include: Mark Meadows, Jim Jordan, Doug Collins, Jody Rice, Devin Nunes and Steve Scalise. Additionally, Senators Mike Lee, Ted Cruz and Senator Rand Paul are trying to force reform or let the current version expire. The American people want it scrapped, or, at a minimum strongly revised.
Congress is trying to hide the FISA renewal within the Coronavirus appropriations bill.

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Quite a bit to unpack here, and most of it is very good news.  First, this re-nomination was almost predictable when you look at the totality of the landscape:

President Trump needed to generate an official DNI nomination in order to retain the current acting DNI authorities for Richard “Ric” Grenell; so that’s one aspect.
However, beyond the procedural move there’s the larger background of the FISA reauthorization; and, in my opinion, that larger dynamic is the majority consideration.
The FISA reauthorization and the need for President Trump to support any type of reauthorization that eventually gets through the complex political dynamics within congress; and considering Senate Majority Leader Mitch McConnell traveled to the White House to discuss this issue yesterday; the outcome is considerable leverage for Trump.
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Completely agree with Judicial Watch President Tom Fitton here. During a discussion of congress trying to pass a clean FISA reauthorization or a reform version, Tom Fitton says the only way to really reform the process is to arrest, prosecute & jail those who abused it.
Fitton’s point is similar to the CTH argument surrounding SSCI leaker James Wolfe.  If the DOJ had prosecuted Wolfe for the criminal leaks of classified intelligence, the landscape of an adversarial intelligence apparatus over the past two years would be completely different.   The same general perspective applies to the FISA abuse issue.

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In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.
AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.  The American people want it scrapped, or, at a minimum strongly revised. Congress is trying to hide the FISA renewal within the Coronavirus appropriations bill.

According to media reporting, Rand Paul said he talked to President Trump yesterday, and President Trump does not support a “clean renewal” of the FISA authorities that were used against him and his campaign:

WASHINGTON – President Donald Trump told Sen. Rand Paul that he does not support a clean extension of expiring surveillance authorities, throwing the future of the program into doubt ahead of a fast-approaching March 15 deadline to re-up key features of the Patriot Act.
The Kentucky Republican told reporters that Trump made the comments to him on Wednesday, just a day after Attorney General William Barr told GOP senators that Congress should extend the expiring provisions regarding roving wire taps, lone wolf actors and the most controversial provision: call data collection.

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