FISA Court Selecting Surveillance State Advocate, David Kris, Shouldn't Be a Surprise…

This is a little weedy, but it’s important….

In the second half of Devin Nunes interview with Maria Bartiromo today he was asked his thoughts about the FISA Court selecting David Kris as an FBI surveillance and compliance monitor.  The issue is quite important because the FBI FISA reforms and promises are essentially meaningless without some form of structural review process.
However, the new 2020 FISC Presiding Judge James Boasberg selecting David Kris has been noted by several people as a rather weak effort on behalf of the court.

As an outcome of our former FISA-702 reviews CTH has an entirely different reason for questioning the selection of Kris; there’s much more substantive reasons to be alarmed about it; but first here’s the general consensus opposition:

WASHINGTON – The Foreign Intelligence Surveillance Court (FISC) has stunned court-watchers by selecting David Kris — a former Obama administration lawyer who has appeared on “The Rachel Maddow Show” and written extensively in support of the FBI’s surveillance practices on the left-wing blog Lawfare — to oversee the FBI’s implementation of reforms in the wake of a damning Department of Justice inspector general report last year.
[…]  “Of all the people in the swamp … this is the guy that you come up with?” Nunes asked. “The guy that was accusing me of federal crimes? The guy that was defending the dirty cops at the FBI? … The court must be trying to abolish itself. There is long-term damage.”

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McCord is The Key – Devin Nunes Discusses Sketchy Issues Surrounding ICIG Michael Atkinson and Origination of the "Whistle-blower" Complaint…

House Intelligence Committee Ranking Member Devin Nunes appears with Maria Bartiromo to discuss two very important issues.  The first is the origination of the “whistle-blower” complaint and new issues surrounding Intelligence Community Inspector General Michael Atkinson.  The second important subject is the background of newly installed FISA Court monitor, David Kris, to oversee the FBI reform promises.
CTH has some explosive new information which has been shared with Mr. Nunes on both issues; but we start with the interview and ICIG Michael Atkinson.


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Since our original research into Atkinson, there have been some rather interesting additional discoveries.
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Sunday Talks: Steve Bannon Discusses Senate Impeachment Trial and Connects to Bigger Picture…

Former White House Chief Strategist Steve Bannon joins Sunday Morning Futures to discuss rising support for democracy around the world and connects the movement to the impeachment effort against President Trump.  Big Stuff. Big Ugly type stuff.
A fired-up Bannon looks at the Senate impeachment trial as the “trial of the century”, where the professional political class gets brought into the trial and the framework becomes an expose’ on how President Trump is willing to take down the system.


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FBI Protecting and Hiding Sketchy FBI Agent Joseph Pientka?…

With increased scrutiny toward the actions, and lack thereof, from current FBI Director Christopher Wray, another sketchy aspect deserves some scrutiny.
Hat Tip Techno-Fog for noting some remarkable FBI activity.

Supervisory Special Agent Joseph Pientka III was first identified by Senator Chuck Grassley in May of 2018 as the second FBI agent involved in the 2017 interview of Lt. General Michael Flynn.
Frustrated by the FBI stonewalling his Senate inquiry, Chairman Grassley dropped the revelation publicly on May 11th, 2018, in a letter to the FBI.

[…] the Committee’s oversight interest in the underlying documents requested more than a year ago now outweighs any legitimate executive branch interest in withholding it. So too does the Committee’s interest in learning the FBI agents’ actual assessments of their interview of Lt. Gen. Flynn, particularly given the apparent contradiction between what then Directory Comey told us in March 2017 and what he now claims.
[…] In addition, please make Special Agent Joe Pientka available for a transcribed interview with Committee staff no later than one week following the production of the requested documents… (link)

The FBI never produced Supervisory Special Agent (SSA-1) Joe Pientka for Chairman Grassley’s committee, and the conflict between the Senate Judiciary Committee and the FBI was never reconciled.  (The DOJ/FBI made it to the safety of the mid-term election.)
Additionally, every single document containing information about the investigative activity of FBI agent Pientka has kept his name redacted.  Not a single DOJ/FBI document has ever included his name.
However, around two months after Grassley outed his identity; we discover from the Inspector General that the DOJ-NSD (National Security Division) admitted to the FISA court that Agent Pientka was significantly less than forthcoming with “factual omissions” in the Title-1 surveillance application he assembled against Carter Page.
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Has President Trump Forgotten The Declassification Material He Delayed then Deferred?…

President Trump asks: “Are these “dirty cops” going to pay a big price for the fraud they committed?” 

However, the only person who can honestly answer that question is the person in the mirror when President Trump brushes his teeth.   Perhaps forgotten…
In the spring of 2018 a group of congressional reps led by Devin Nunes, Mark Meadows, Jim Jordan, Matt Gaetz, Louie Gohmert, Lee Zeldin and Bob Goodlatte, asked President Trump to declassify a series of documents so the public could see how former officials in the DOJ & FBI abused their offices and conducted political surveillance.
In September of 2018, Deputy Attorney General Rod Rosenstein asked President Trump not to declassify those same documents until after the Mueller probe was complete.  Rosenstein informed the President (confirmed in later POTUS interviews) that declassifying the material could be interpreted as impeding the Mueller investigation.
Two months later, in November 2018, the mid-term election took place.  Republicans lost the House and their committee chairs.  Many people suspected (I concur) the mid-term election was the real motive for the Sept. 2018 request from Rosenstein.  Four months after the mid-term, March 2019, the Mueller investigation of President Trump ended.
Two months after the Mueller probe ended U.S. Attorney General Bill Barr, a profoundly supportive voice for DAG Rosenstein, asked President Trump to grant him unilateral declassification authority to assist the purposes and intents of his DOJ effort.  President Trump granted U.S. Attorney General Bill Barr with the authority to declassify on May 23rd, 2019; granting access to the same documents requested by congress a year earlier.
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FBI Director Chris Wray Responds to FISA Court – More Training, More Promises, No Mention of Accountability…

In June 2018, in response to an IG investigation, while denying the FBI had any political bias, FBI Director Christopher Wray promised anti-bias training for all agents. In response to the “challenges” identified by the report, the FBI “appreciates the opportunity” to provide more “support” to our employees. [June 14th, 2018]

In December 2019, in response to another IG investigation, while denying FBI agents would intentionally act illegally, FBI Director Christopher Wray notified the FISA court a Senior FBI investigative lawyer named Kevin Clinesmith intentionally falsified evidence on a FISA application.
In response to the FBI notification, late December 2019 the FISA court demanded to know what corrective actions the FBI was going to take; and what other applications FBI Lawyer, Kevin Clinesmith, was involved in.
In response today (full pdf below) FBI Director Christopher Wray promises more training.
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Bill Barr DOJ Recommends Prison For Michael Flynn…

Unfortunately we anticipated the DOJ reversing their prior sentencing recommendations for Michael Flynn and that’s exactly what has happened.
In the 2018 sentencing recommendations prosecutors recommended probation. However following Flynn’s unsuccessful effort to access material evidence favorable to his defense, federal prosecutors under U.S. Attorney General Bill Barr are now requesting Michael Flynn be sent to prison for a sentence of up to six months.

(pdf Link – full DOJ sentencing recommendation)

Flynn is scheduled to be sentenced by Judge Emmet Sullivan on Jan. 28, 2020.
The irony here is the DOJ used the threat of FARA charges to compel the guilty plea.  The DOJ then went after Flynn’s former partner Bijan Rafiekian on those exact FARA charges Flynn plead guilty to avoid.  Mr. Rafiekian’s sketchy DOJ conviction was overturned and the indictment against him dismissed in September by a federal judge who said there was insufficient evidence to sustain the case.
The case against Rafiekian was dismissed. However, the case against Flynn, which was based on Flynn’s effort to avoid the case against Rafiekian, will likely see Flynn serving prison time.  No prison for Rafiekian, and prison for Flynn.  Go figure.
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Dan Bongino Interviews Rudy Giuliani – Topics: New York Crime, Iran, IG FISA Report and Biden Family Corruption…

Fox News host Dan Bongino interviews Rudy Giuliani for his podcast.  The topics include increased crime in New York City; Iran, the ‘Spygate” surveillance scandal; the IG report on FISA abuses against the Trump campaign, and Joe Biden’s history of corruption.
The interview starts around 04:00 minutes into the video.


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More Administration Leaks and Ongoing House Maneuvers Highlight Dem 2020 Strategy…

Yesterday CTH noted 2020 as the year when a variety of prior democrat operations will converge with a single goal in mind. We will see several years effort merging.  Today, more evidence toward that objective is visible.

The House Judiciary Committeee (HJC) argued in the DC court of appeals to obtain the Mueller grand jury information [6(e) material], and compel testimony of former White House counsel Don McGahn.  Also today, more leaks from the inside the administration.
The House has a group of dozens of various DOJ and former Obama officials working on their behalf. That House network also has several currently employed DOJ, FBI, State Department and Intelligence Community officials feeding them information on current real-time events. The HJC are currently arguing the Mueller material and the McGahn testimony are needed for the impeachment trial of President Trump.
First, if the HJC team wins the argument to the three member DC Appellate Court, the DOJ will likely file for a full ‘en banc’ review by the entire panel. If the HJC wins the ‘en banc’ argument the DOJ will likely appeal for an administrative stay by the Supreme Court.
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2020 Resistance – Dem Operatives Open New Leak Clearing House…

2020 is the year when a variety of prior democrat operations will converge with a single goal in mind.  Predictably we will see several years of prior effort beginning to merge, and it begins today.

NOTE: For interested readers it will be impossible for me to summarize the background for each step prior to putting the next puzzle piece into place.  Therefore I strongly suggest bookmarking posts for later reference because it would take tens of thousands of words to understand for anyone who steps into the light mid-way through. [Just an FYI]

Tomorrow, January 3rd, 2020, the House Judiciary Committeee (HJC) will be presenting oral arguments in the DC court of appeals for their effort to obtain the Mueller grand jury information [6(e) material], and also compel testimony of former White House counsel Don McGahn.
The House has a group of dozens of various DOJ and former Obama officials working on their behalf.  That House network also has several currently employed DOJ, FBI, State Department and Intelligence Community officials feeding them information on current real-time events.   The HJC are currently arguing the Mueller material and the McGahn testimony are needed for the impeachment trial of President Trump.
If the HJC team wins the argument to the three member DC Appellate Court, the DOJ will likely file for a full ‘en blanc’ review by the entire panel.  If the HJC wins the ‘en blanc’ argument the DOJ will likely appeal for an administrative stay by the Supreme Court.
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