Tuesday, December 17, 2019

The Frequency

The frequency with which representations made by FBI personnel turned out to be unsupported or contradicted by information in their possession, and with which they withheld information detrimental to their case, calls into question whether information contained in other FBI applications is reliable.  The FISC expects the government to provide complete and accurate information in every filing with the Court.  Without it, the FISC cannot properly ensure that the government conducts electronic surveillance for foreign intelligence purposes only when there is a sufficient factual basis.

THEREFORE, the Court ORDERS that the government shall, no later than January 10, 2020, inform the Court in a sworn written submission of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application.

-- Rosemary Mayers Collyer (1945 -), Presiding Judge of the United States Foreign Intelligence Surveillance Court, in an order excoriating the FBI for abuses in applications for surveillance of Carter Page, 17 December 2019

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