View Full Version : OIG report releases
Pavlov
05-22-2018, 12:29 PM
998939944260440064It's important they conflate as many issues as possible in their conspiracy theory. You do it all the time.
RandomGuy
05-22-2018, 12:36 PM
[desperate attempt to deflect from the failure of the OIG report to live up to the hype he so badly wanted]
:lmao
Pavlov
05-22-2018, 12:42 PM
Yeah, this OIG report is going to firmly say the FBI mishandled the Clinton email issue to her detriment, so we must go all in on FISA "abuse" before Horowitz says that's a nothingburger. You can already see they are trying to say Horowitz is unable to do a complete job on FISA "abuse" and are demanding a second Special Counsel which will never happen. They can cling to muh second counsel as a reason to write more letters demanding more nothingburgers ad infinitum.
:lmao
the 400 page nothingburger right?
Pavlov
05-22-2018, 12:44 PM
the 400 page nothingburger right?Eh, his Fast and Furious report was 500 pages and not what right wingers wanted it to be either.
RandomGuy
05-22-2018, 12:48 PM
Yeah, this OIG report is going to firmly say the FBI mishandled the Clinton email issue to her detriment, so we must go all in on FISA "abuse" before Horowitz says that's a nothingburger. You can already see they are trying to say Horowitz is unable to do a complete job on FISA "abuse" and are demanding a second Special Counsel which will never happen. They can cling to muh second counsel as a reason to write more letters demanding more nothingburgers ad infinitum.
Sums it up rather well.
RandomGuy
05-22-2018, 12:50 PM
the 400 page nothingburger right?
Pretty much. It is a distraction from negative coverage of Trump administrations meetings and selling out foreign policy to the highest bidder.
Nothing more.
John Carlin – The Former NSD Head Who Enabled the FBI’s Carter Page FISA Warrant
John Carlin was an Assistant Attorney General – and Head of the Department of Justice’s National Security Division (NSD).
On September 27, 2016, Carlin announced his resignation. He formally left the NSD on October 15, 2016. Carlin had been named Acting Assistant Attorney General in March 2013 and was confirmed in the spring of 2014.
Carlin had previously served as chief of staff to then-FBI Director Robert S. Mueller.
Carlin was replaced with Mary McCord – who would later accompany Acting Attorney General Sally Yates to see White House Counsel Don McGahn regarding General Michael Flynn.
Carlin announced his resignation exactly one day after he filed the Government’s proposed 2016 Section 702 certifications. His signature can be found on page 31.
This filing would be subject to intense criticism from the FISA Court following disclosures made by NSA Director Rogers. Significant changes to the handling of raw FISA data would result.
Section 702 is part of the broader FISA Act and permits the government to target for surveillance foreign persons located outside the United States for the purpose of acquiring foreign intelligence information.
Instead of issuing individual court orders, Section 702 requires the Attorney General and the Director of National Intelligence (DNI) to provide the Foreign Intelligence Surveillance Court (FISC) with annual certifications that specify categories of foreign intelligence information the government is authorized to acquire pursuant to Section 702.
The Attorney General and the Director of National Intelligence must also certify that Intelligence Community elements will follow targeting procedures and minimization procedures that are approved by the FISC as part of the annual certification.
The National Security Division and Office of the Director of National Intelligence (ODNI) are jointly required to routinely review all Intelligence Agency U.S. person queries of content to ensure the Section 702 queries satisfy the legal standard.
The NSD – with notice to the ODNI – is required to report any incidents of Agency noncompliance or misconduct to the FISA Court.
Again, John Carlin was Head of the NSD.
At the time Carlin’s sudden resignation went mostly unnoticed.
But there was more to the story.
Here is the official explanation as provided by the Office of the Director of National Intelligence:
After submitting its 2016 Certifications in September 2016, the Department of Justice and ODNI learned, in October 2016, about additional information related to previously reported compliance incidents and reported that additional information to the FISC. The NSA also self-reported the information to oversight bodies, as required by law. These compliance incidents related to the NSA’s inadvertent use of U.S. person identifiers to query NSA’s “upstream” Internet collection acquired pursuant to Section 702.
The FISA Court was more direct in a 99-page April 26, 2017 unsealed FISA Court Ruling.
On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court. Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a written submission regarding those compliance problems…and the Court held a hearing to address them.
Here’s what actually happened:
On January 7, 2016, the NSA Inspector General, George Ellard, released a report on NSA Controls & FISA compliance. Starting on page ii:
Agency controls for monitoring query compliance have not been completely developed.
The Agency has no process to reliably identify queries performed using selectors associated with 704 and 705(b) targets.
The rest of the highlights are fully redacted. But more information lay within the report (pages 6-7):
We identified another [redacted] queries that were performed outside the targeting authorization periods in E.O. 12333 data, which is prohibited by the E.O. 12333 minimization procedures. We also identified queries performed using USP selectors in FAA §702 upstream data, which is prohibited by the FAA §702 minimization procedures.
Material FISA Abuses were routinely taking place.
Following NSA Inspector General Ellard’s report, Rogers implemented a tightening of internal rules at the NSA. However, the NSA Inspector General’s report and Roger’s tightening of internal rules did not halt the Query Compliance Problems.
In March of 2016, NSA Director Rogers became aware of improper contractor access to raw FISA data (Page 83 of Court Ruling).
In April of 2016, Rogers directed the NSA’s Office of Compliance to conduct a “fundamental baseline review of compliance associated with 702” (Senate testimony & Page 83-84 of Court Ruling).
On April 18, 2016, Rogers shut down all outside contractor access to raw FISA information – specifically outside contractors working for the FBI. The March 2016 discovery that outside contractors were accessing raw FISA data is probably the event that precipitated Rogers ordering a full compliance review (Page 84 of Court Ruling).
On April 18, 2016, both the FBI and DOJ’s NSD become aware of Rogers’ compliance review. They may have known earlier but they were certainly aware after outside contractor access was halted.
On September 26, 2016, National Security Division Head John Carlin filed the Government’s proposed 2016 Section 702 certifications. Carlin knew the general status of Rogers’ compliance review. The NSD was part of the review.
Carlin failed to disclose the January 7, 2016 Inspector General Report and associated FISA Abuse to the FISA Court in his 2016 Certification. Carlin also failed to disclose Rogers’ ongoing Compliance Review.
On September 27, 2016, Carlin announced his resignation – which would become effective on October 15, 2016.
On October 4, 2016, a standard follow-up hearing on the 2016 Section 702 Certification was held (Page 19). Carlin was present at the hearing. Again, Carlin made no disclosure of FISA Abuse. This would be noted by the Court later (see below).
On October 15, 2016, Carlin formally left the NSD.
On October 20 2016, Rogers was briefed by the NSA compliance officer on findings from the 702 NSA compliance audit. The audit had uncovered numerous “About” Query violations (Senate testimony).
On October 21, 2016, Rogers shut down all “About Query” activity. He reported his findings to the DOJ (Senate testimony & inferences from Court Ruling).
On October 21 2016, the DOJ & FBI sought and received a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISA Court. At this point, the FISA Court was still unaware of the Section 702 violations.
On October 24, 2016, Rogers verbally informed the FISA Court of his findings (Page 4 of Court Ruling).
On October 26, 2016, Rogers appeared formally before the FISA Court and presented the written findings of his audit (Page 4, 14 & 19 of Court Ruling & Senate testimony).
The FISA Court was unaware of the FISA/Query violations until they were presented to the Court by NSA Director Rogers.
The NSD and ODNI perform the ongoing reviews of Intelligence Agency Section 702 use. It is simply not possible they were unaware of the NSA Inspector General’s Report.
The government knew Rogers was conducting his own compliance review. Rogers knew the government was finalizing its 2016 Certification.
The government was aware its 2016 Certification lacked material and legally required disclosure.
As noted by the Court on Page 14, the National Security Division specifically hid the findings of the January 7, 2016 Inspector General Report – along with knowledge of other violations – from the FISA Court:
The October 26, 2016 Notice disclosed that an NSA Inspector General (IG) review and report and NSA Office of Compliance for Operations (OCO) verification activities indicated that, with greater frequency than previously disclosed to the Court, NSA analysts had used U.S.-person identifiers to query the results of Internet “upstream” collection, even though NSA’s Section 702 minimization procedures prohibited such queries.
The FISA Court had been unaware of either the IG Report or Rogers’ Compliance Review prior to Rogers’ disclosure.
Again, the October 26, 2016 Notice is Director Rogers’ formal written presentation of his findings to the FISA Court.
Page 19:
At the October 26, 2016 hearing, the Court ascribed the government’s failure to disclose those IG and OCO reviews at the October 4, 2016 hearing to an institutional “lack of candor” on NSA’s part and emphasized that “this is a very serious Fourth Amendment issue.”
The October 4, 2016 hearing was a standard follow-up hearing resulting from Carlin’s September 26, 2016 submission. Carlin was present at this hearing. Carlin again failed to disclose either the IG or Rogers’ reviews.
By law, the results of the IG’s Report should have been immediately reported to the FISA Court by the NSD in January 2016.
The full IG Report – along with notification of Rogers’ ongoing review – should have been included in Carlin’s September 26, 2016 proposed Certification.
Carlin, the NSD and ODNI intentionally refused to disclose the FISA Abuses.
There is only one explanation that makes sense to me.
Carlin specifically didn’t disclose his knowledge of FISA Abuse in the annual Section 702 Certifications for one reason. Carlin wanted to avoid raising suspicions at the FISA Court ahead of the Carter Page FISA Warrant.
The FBI and DOJ’s NSD were quite literally racing against Rogers’ Investigation in order to obtain a FISA Warrant on Carter Page.
Meanwhile, Director of National Intelligence James Clapper submitted a recommendation that Director Rogers be removed as NSA Head.
The move to fire Rogers – which failed – originated sometime in mid-October 2016. Exactly when Director Rogers was preparing to present his findings to the FISA Court.
Here’s the Rogers timeline:
November 2015-April 2016 – The FBI and DOJ’s National Security Division (NSD) uses private contractors to access raw FISA information using “To” and “From” FISA-702(16) & “About” FISA-702(17) queries.
March 2016 – NSA Director Rogers becomes aware of improper access to raw FISA data.
April 2016 – Rogers orders the NSA compliance officer to run a full audit on 702 NSA compliance.
April 18 2016 – Rogers shuts down FBI/NSD contractor access to the FISA Search System.
September 26 2016 – DOJ’s NSD Head John Carlin files the Government’s proposed 2016 Section 702 certifications. Carlin has been aware of Rogers’ compliance review.
September 27 2016 – Carlin announces he is resigning. Mary McCord will later assume his position.
October 4 2016 – a follow-up hearing on the 2016 Section 702 Certification was held. Carlin is still with the NSD at this time.
October 15 2016 – Carlin formally leaves the NSD.
Mid-October 2016 – DNI Clapper submits a recommendation to the White House that Director Rogers be removed from the NSA.
October 20 2016 – Rogers is briefed by the NSA compliance officer on the Section 702 NSA compliance audit and “About” query violations.
October 21 2016 – Rogers shuts down all “About Query” activity. Rogers reports the activity to DOJ and prepares to go before the FISA Court.
October 21 2016 – DOJ & FBI seek and receive a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISC. At this point, the FISA Court is unaware of the Section 702 violations.
October 24 2016 – Rogers verbally informs the FISA Court of Section 702(17) violations.
October 26 2016 – Rogers formally informs the FISA Court of 702(17) violations in writing.
November 17 2016 (morning) – Rogers travels to meet President-Elect Trump and his Transition Team in Trump Tower. Rogers does not inform DNI James Clapper.
November 17 2016 (evening) – Trump Transition Team announces they are moving all transition activity to Trump National Golf Club in New Jersey.
To restate.
The DOJ & FBI were fully aware that Rogers initiated a compliance review in April 2016. They were aware of the review’s relative status.
The DOJ & FBI were both aware of Carlin’s fraudulent September 26, 2016 submission of the Government’s proposed 2016 Section 702 certifications. They knew it contained material omissions.
The DOJ & FBI appear to have rushed the Carter Page FISA application – knowing Rogers was preparing to go before the FISA Court.
The DOJ & FBI applied for – and received – a Title I FISA warrant on Carter Page the same day Rogers apprised both Agencies of ongoing FISA violations.
Neither the DOJ or FBI informed the FISA Court of Rogers’ notification when they made their FISA Application on Page.
The FISA Warrant on Carter Page was granted on October 21, 2016.
And it likely wouldn’t have been possible without John Carlin.
https://www.themarketswork.com/2018/05/21/john-carlin-the-former-nsd-head-who-enabled-the-fbis-carter-page-fisa-warrant/
Pavlov
05-23-2018, 09:51 AM
John Carlin – The Former NSD Head Who Enabled the FBI’s Carter Page FISA Warrant
John Carlin was an Assistant Attorney General – and Head of the Department of Justice’s National Security Division (NSD).
On September 27, 2016, Carlin announced his resignation. He formally left the NSD on October 15, 2016. Carlin had been named Acting Assistant Attorney General in March 2013 and was confirmed in the spring of 2014.
Carlin had previously served as chief of staff to then-FBI Director Robert S. Mueller.
Carlin was replaced with Mary McCord – who would later accompany Acting Attorney General Sally Yates to see White House Counsel Don McGahn regarding General Michael Flynn.
Carlin announced his resignation exactly one day after he filed the Government’s proposed 2016 Section 702 certifications. His signature can be found on page 31.
This filing would be subject to intense criticism from the FISA Court following disclosures made by NSA Director Rogers. Significant changes to the handling of raw FISA data would result.
Section 702 is part of the broader FISA Act and permits the government to target for surveillance foreign persons located outside the United States for the purpose of acquiring foreign intelligence information.
Instead of issuing individual court orders, Section 702 requires the Attorney General and the Director of National Intelligence (DNI) to provide the Foreign Intelligence Surveillance Court (FISC) with annual certifications that specify categories of foreign intelligence information the government is authorized to acquire pursuant to Section 702.
The Attorney General and the Director of National Intelligence must also certify that Intelligence Community elements will follow targeting procedures and minimization procedures that are approved by the FISC as part of the annual certification.
The National Security Division and Office of the Director of National Intelligence (ODNI) are jointly required to routinely review all Intelligence Agency U.S. person queries of content to ensure the Section 702 queries satisfy the legal standard.
The NSD – with notice to the ODNI – is required to report any incidents of Agency noncompliance or misconduct to the FISA Court.
Again, John Carlin was Head of the NSD.
At the time Carlin’s sudden resignation went mostly unnoticed.
But there was more to the story.
Here is the official explanation as provided by the Office of the Director of National Intelligence:
After submitting its 2016 Certifications in September 2016, the Department of Justice and ODNI learned, in October 2016, about additional information related to previously reported compliance incidents and reported that additional information to the FISC. The NSA also self-reported the information to oversight bodies, as required by law. These compliance incidents related to the NSA’s inadvertent use of U.S. person identifiers to query NSA’s “upstream” Internet collection acquired pursuant to Section 702.
The FISA Court was more direct in a 99-page April 26, 2017 unsealed FISA Court Ruling.
On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court. Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a written submission regarding those compliance problems…and the Court held a hearing to address them.
Here’s what actually happened:
On January 7, 2016, the NSA Inspector General, George Ellard, released a report on NSA Controls & FISA compliance. Starting on page ii:
Agency controls for monitoring query compliance have not been completely developed.
The Agency has no process to reliably identify queries performed using selectors associated with 704 and 705(b) targets.
The rest of the highlights are fully redacted. But more information lay within the report (pages 6-7):
We identified another [redacted] queries that were performed outside the targeting authorization periods in E.O. 12333 data, which is prohibited by the E.O. 12333 minimization procedures. We also identified queries performed using USP selectors in FAA §702 upstream data, which is prohibited by the FAA §702 minimization procedures.
Material FISA Abuses were routinely taking place.
Following NSA Inspector General Ellard’s report, Rogers implemented a tightening of internal rules at the NSA. However, the NSA Inspector General’s report and Roger’s tightening of internal rules did not halt the Query Compliance Problems.
In March of 2016, NSA Director Rogers became aware of improper contractor access to raw FISA data (Page 83 of Court Ruling).
In April of 2016, Rogers directed the NSA’s Office of Compliance to conduct a “fundamental baseline review of compliance associated with 702” (Senate testimony & Page 83-84 of Court Ruling).
On April 18, 2016, Rogers shut down all outside contractor access to raw FISA information – specifically outside contractors working for the FBI. The March 2016 discovery that outside contractors were accessing raw FISA data is probably the event that precipitated Rogers ordering a full compliance review (Page 84 of Court Ruling).
On April 18, 2016, both the FBI and DOJ’s NSD become aware of Rogers’ compliance review. They may have known earlier but they were certainly aware after outside contractor access was halted.
On September 26, 2016, National Security Division Head John Carlin filed the Government’s proposed 2016 Section 702 certifications. Carlin knew the general status of Rogers’ compliance review. The NSD was part of the review.
Carlin failed to disclose the January 7, 2016 Inspector General Report and associated FISA Abuse to the FISA Court in his 2016 Certification. Carlin also failed to disclose Rogers’ ongoing Compliance Review.
On September 27, 2016, Carlin announced his resignation – which would become effective on October 15, 2016.
On October 4, 2016, a standard follow-up hearing on the 2016 Section 702 Certification was held (Page 19). Carlin was present at the hearing. Again, Carlin made no disclosure of FISA Abuse. This would be noted by the Court later (see below).
On October 15, 2016, Carlin formally left the NSD.
On October 20 2016, Rogers was briefed by the NSA compliance officer on findings from the 702 NSA compliance audit. The audit had uncovered numerous “About” Query violations (Senate testimony).
On October 21, 2016, Rogers shut down all “About Query” activity. He reported his findings to the DOJ (Senate testimony & inferences from Court Ruling).
On October 21 2016, the DOJ & FBI sought and received a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISA Court. At this point, the FISA Court was still unaware of the Section 702 violations.
On October 24, 2016, Rogers verbally informed the FISA Court of his findings (Page 4 of Court Ruling).
On October 26, 2016, Rogers appeared formally before the FISA Court and presented the written findings of his audit (Page 4, 14 & 19 of Court Ruling & Senate testimony).
The FISA Court was unaware of the FISA/Query violations until they were presented to the Court by NSA Director Rogers.
The NSD and ODNI perform the ongoing reviews of Intelligence Agency Section 702 use. It is simply not possible they were unaware of the NSA Inspector General’s Report.
The government knew Rogers was conducting his own compliance review. Rogers knew the government was finalizing its 2016 Certification.
The government was aware its 2016 Certification lacked material and legally required disclosure.
As noted by the Court on Page 14, the National Security Division specifically hid the findings of the January 7, 2016 Inspector General Report – along with knowledge of other violations – from the FISA Court:
The October 26, 2016 Notice disclosed that an NSA Inspector General (IG) review and report and NSA Office of Compliance for Operations (OCO) verification activities indicated that, with greater frequency than previously disclosed to the Court, NSA analysts had used U.S.-person identifiers to query the results of Internet “upstream” collection, even though NSA’s Section 702 minimization procedures prohibited such queries.
The FISA Court had been unaware of either the IG Report or Rogers’ Compliance Review prior to Rogers’ disclosure.
Again, the October 26, 2016 Notice is Director Rogers’ formal written presentation of his findings to the FISA Court.
Page 19:
At the October 26, 2016 hearing, the Court ascribed the government’s failure to disclose those IG and OCO reviews at the October 4, 2016 hearing to an institutional “lack of candor” on NSA’s part and emphasized that “this is a very serious Fourth Amendment issue.”
The October 4, 2016 hearing was a standard follow-up hearing resulting from Carlin’s September 26, 2016 submission. Carlin was present at this hearing. Carlin again failed to disclose either the IG or Rogers’ reviews.
By law, the results of the IG’s Report should have been immediately reported to the FISA Court by the NSD in January 2016.
The full IG Report – along with notification of Rogers’ ongoing review – should have been included in Carlin’s September 26, 2016 proposed Certification.
Carlin, the NSD and ODNI intentionally refused to disclose the FISA Abuses.
There is only one explanation that makes sense to me.
Carlin specifically didn’t disclose his knowledge of FISA Abuse in the annual Section 702 Certifications for one reason. Carlin wanted to avoid raising suspicions at the FISA Court ahead of the Carter Page FISA Warrant.
The FBI and DOJ’s NSD were quite literally racing against Rogers’ Investigation in order to obtain a FISA Warrant on Carter Page.
Meanwhile, Director of National Intelligence James Clapper submitted a recommendation that Director Rogers be removed as NSA Head.
The move to fire Rogers – which failed – originated sometime in mid-October 2016. Exactly when Director Rogers was preparing to present his findings to the FISA Court.
Here’s the Rogers timeline:
November 2015-April 2016 – The FBI and DOJ’s National Security Division (NSD) uses private contractors to access raw FISA information using “To” and “From” FISA-702(16) & “About” FISA-702(17) queries.
March 2016 – NSA Director Rogers becomes aware of improper access to raw FISA data.
April 2016 – Rogers orders the NSA compliance officer to run a full audit on 702 NSA compliance.
April 18 2016 – Rogers shuts down FBI/NSD contractor access to the FISA Search System.
September 26 2016 – DOJ’s NSD Head John Carlin files the Government’s proposed 2016 Section 702 certifications. Carlin has been aware of Rogers’ compliance review.
September 27 2016 – Carlin announces he is resigning. Mary McCord will later assume his position.
October 4 2016 – a follow-up hearing on the 2016 Section 702 Certification was held. Carlin is still with the NSD at this time.
October 15 2016 – Carlin formally leaves the NSD.
Mid-October 2016 – DNI Clapper submits a recommendation to the White House that Director Rogers be removed from the NSA.
October 20 2016 – Rogers is briefed by the NSA compliance officer on the Section 702 NSA compliance audit and “About” query violations.
October 21 2016 – Rogers shuts down all “About Query” activity. Rogers reports the activity to DOJ and prepares to go before the FISA Court.
October 21 2016 – DOJ & FBI seek and receive a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISC. At this point, the FISA Court is unaware of the Section 702 violations.
October 24 2016 – Rogers verbally informs the FISA Court of Section 702(17) violations.
October 26 2016 – Rogers formally informs the FISA Court of 702(17) violations in writing.
November 17 2016 (morning) – Rogers travels to meet President-Elect Trump and his Transition Team in Trump Tower. Rogers does not inform DNI James Clapper.
November 17 2016 (evening) – Trump Transition Team announces they are moving all transition activity to Trump National Golf Club in New Jersey.
To restate.
The DOJ & FBI were fully aware that Rogers initiated a compliance review in April 2016. They were aware of the review’s relative status.
The DOJ & FBI were both aware of Carlin’s fraudulent September 26, 2016 submission of the Government’s proposed 2016 Section 702 certifications. They knew it contained material omissions.
The DOJ & FBI appear to have rushed the Carter Page FISA application – knowing Rogers was preparing to go before the FISA Court.
The DOJ & FBI applied for – and received – a Title I FISA warrant on Carter Page the same day Rogers apprised both Agencies of ongoing FISA violations.
Neither the DOJ or FBI informed the FISA Court of Rogers’ notification when they made their FISA Application on Page.
The FISA Warrant on Carter Page was granted on October 21, 2016.
And it likely wouldn’t have been possible without John Carlin.
https://www.themarketswork.com/2018/05/21/john-carlin-the-former-nsd-head-who-enabled-the-fbis-carter-page-fisa-warrant/Wall of text of the day.
What's the conspiracy theory today, TSA?
RandomGuy
05-23-2018, 09:53 AM
John Carlin – The Former NSD Head Who Enabled the FBI’s Carter Page FISA Warrant
John Carlin was an Assistant Attorney General – and Head of the Department of Justice’s National Security Division (NSD).
On September 27, 2016, Carlin announced his resignation. He formally left the NSD on October 15, 2016. Carlin had been named Acting Assistant Attorney General in March 2013 and was confirmed in the spring of 2014.
Carlin had previously served as chief of staff to then-FBI Director Robert S. Mueller.
Carlin was replaced with Mary McCord – who would later accompany Acting Attorney General Sally Yates to see White House Counsel Don McGahn regarding General Michael Flynn.
Carlin announced his resignation exactly one day after he filed the Government’s proposed 2016 Section 702 certifications. His signature can be found on page 31.
This filing would be subject to intense criticism from the FISA Court following disclosures made by NSA Director Rogers. Significant changes to the handling of raw FISA data would result.
Section 702 is part of the broader FISA Act and permits the government to target for surveillance foreign persons located outside the United States for the purpose of acquiring foreign intelligence information.
Instead of issuing individual court orders, Section 702 requires the Attorney General and the Director of National Intelligence (DNI) to provide the Foreign Intelligence Surveillance Court (FISC) with annual certifications that specify categories of foreign intelligence information the government is authorized to acquire pursuant to Section 702.
The Attorney General and the Director of National Intelligence must also certify that Intelligence Community elements will follow targeting procedures and minimization procedures that are approved by the FISC as part of the annual certification.
The National Security Division and Office of the Director of National Intelligence (ODNI) are jointly required to routinely review all Intelligence Agency U.S. person queries of content to ensure the Section 702 queries satisfy the legal standard.
The NSD – with notice to the ODNI – is required to report any incidents of Agency noncompliance or misconduct to the FISA Court.
Again, John Carlin was Head of the NSD.
At the time Carlin’s sudden resignation went mostly unnoticed.
But there was more to the story.
Here is the official explanation as provided by the Office of the Director of National Intelligence:
After submitting its 2016 Certifications in September 2016, the Department of Justice and ODNI learned, in October 2016, about additional information related to previously reported compliance incidents and reported that additional information to the FISC. The NSA also self-reported the information to oversight bodies, as required by law. These compliance incidents related to the NSA’s inadvertent use of U.S. person identifiers to query NSA’s “upstream” Internet collection acquired pursuant to Section 702.
The FISA Court was more direct in a 99-page April 26, 2017 unsealed FISA Court Ruling.
On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court. Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a written submission regarding those compliance problems…and the Court held a hearing to address them.
Here’s what actually happened:
On January 7, 2016, the NSA Inspector General, George Ellard, released a report on NSA Controls & FISA compliance. Starting on page ii:
Agency controls for monitoring query compliance have not been completely developed.
The Agency has no process to reliably identify queries performed using selectors associated with 704 and 705(b) targets.
The rest of the highlights are fully redacted. But more information lay within the report (pages 6-7):
We identified another [redacted] queries that were performed outside the targeting authorization periods in E.O. 12333 data, which is prohibited by the E.O. 12333 minimization procedures. We also identified queries performed using USP selectors in FAA §702 upstream data, which is prohibited by the FAA §702 minimization procedures.
Material FISA Abuses were routinely taking place.
Following NSA Inspector General Ellard’s report, Rogers implemented a tightening of internal rules at the NSA. However, the NSA Inspector General’s report and Roger’s tightening of internal rules did not halt the Query Compliance Problems.
In March of 2016, NSA Director Rogers became aware of improper contractor access to raw FISA data (Page 83 of Court Ruling).
In April of 2016, Rogers directed the NSA’s Office of Compliance to conduct a “fundamental baseline review of compliance associated with 702” (Senate testimony & Page 83-84 of Court Ruling).
On April 18, 2016, Rogers shut down all outside contractor access to raw FISA information – specifically outside contractors working for the FBI. The March 2016 discovery that outside contractors were accessing raw FISA data is probably the event that precipitated Rogers ordering a full compliance review (Page 84 of Court Ruling).
On April 18, 2016, both the FBI and DOJ’s NSD become aware of Rogers’ compliance review. They may have known earlier but they were certainly aware after outside contractor access was halted.
On September 26, 2016, National Security Division Head John Carlin filed the Government’s proposed 2016 Section 702 certifications. Carlin knew the general status of Rogers’ compliance review. The NSD was part of the review.
Carlin failed to disclose the January 7, 2016 Inspector General Report and associated FISA Abuse to the FISA Court in his 2016 Certification. Carlin also failed to disclose Rogers’ ongoing Compliance Review.
On September 27, 2016, Carlin announced his resignation – which would become effective on October 15, 2016.
On October 4, 2016, a standard follow-up hearing on the 2016 Section 702 Certification was held (Page 19). Carlin was present at the hearing. Again, Carlin made no disclosure of FISA Abuse. This would be noted by the Court later (see below).
On October 15, 2016, Carlin formally left the NSD.
On October 20 2016, Rogers was briefed by the NSA compliance officer on findings from the 702 NSA compliance audit. The audit had uncovered numerous “About” Query violations (Senate testimony).
On October 21, 2016, Rogers shut down all “About Query” activity. He reported his findings to the DOJ (Senate testimony & inferences from Court Ruling).
On October 21 2016, the DOJ & FBI sought and received a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISA Court. At this point, the FISA Court was still unaware of the Section 702 violations.
On October 24, 2016, Rogers verbally informed the FISA Court of his findings (Page 4 of Court Ruling).
On October 26, 2016, Rogers appeared formally before the FISA Court and presented the written findings of his audit (Page 4, 14 & 19 of Court Ruling & Senate testimony).
The FISA Court was unaware of the FISA/Query violations until they were presented to the Court by NSA Director Rogers.
The NSD and ODNI perform the ongoing reviews of Intelligence Agency Section 702 use. It is simply not possible they were unaware of the NSA Inspector General’s Report.
The government knew Rogers was conducting his own compliance review. Rogers knew the government was finalizing its 2016 Certification.
The government was aware its 2016 Certification lacked material and legally required disclosure.
As noted by the Court on Page 14, the National Security Division specifically hid the findings of the January 7, 2016 Inspector General Report – along with knowledge of other violations – from the FISA Court:
The October 26, 2016 Notice disclosed that an NSA Inspector General (IG) review and report and NSA Office of Compliance for Operations (OCO) verification activities indicated that, with greater frequency than previously disclosed to the Court, NSA analysts had used U.S.-person identifiers to query the results of Internet “upstream” collection, even though NSA’s Section 702 minimization procedures prohibited such queries.
The FISA Court had been unaware of either the IG Report or Rogers’ Compliance Review prior to Rogers’ disclosure.
Again, the October 26, 2016 Notice is Director Rogers’ formal written presentation of his findings to the FISA Court.
Page 19:
At the October 26, 2016 hearing, the Court ascribed the government’s failure to disclose those IG and OCO reviews at the October 4, 2016 hearing to an institutional “lack of candor” on NSA’s part and emphasized that “this is a very serious Fourth Amendment issue.”
The October 4, 2016 hearing was a standard follow-up hearing resulting from Carlin’s September 26, 2016 submission. Carlin was present at this hearing. Carlin again failed to disclose either the IG or Rogers’ reviews.
By law, the results of the IG’s Report should have been immediately reported to the FISA Court by the NSD in January 2016.
The full IG Report – along with notification of Rogers’ ongoing review – should have been included in Carlin’s September 26, 2016 proposed Certification.
Carlin, the NSD and ODNI intentionally refused to disclose the FISA Abuses.
There is only one explanation that makes sense to me.
Carlin specifically didn’t disclose his knowledge of FISA Abuse in the annual Section 702 Certifications for one reason. Carlin wanted to avoid raising suspicions at the FISA Court ahead of the Carter Page FISA Warrant.
The FBI and DOJ’s NSD were quite literally racing against Rogers’ Investigation in order to obtain a FISA Warrant on Carter Page.
Meanwhile, Director of National Intelligence James Clapper submitted a recommendation that Director Rogers be removed as NSA Head.
The move to fire Rogers – which failed – originated sometime in mid-October 2016. Exactly when Director Rogers was preparing to present his findings to the FISA Court.
Here’s the Rogers timeline:
November 2015-April 2016 – The FBI and DOJ’s National Security Division (NSD) uses private contractors to access raw FISA information using “To” and “From” FISA-702(16) & “About” FISA-702(17) queries.
March 2016 – NSA Director Rogers becomes aware of improper access to raw FISA data.
April 2016 – Rogers orders the NSA compliance officer to run a full audit on 702 NSA compliance.
April 18 2016 – Rogers shuts down FBI/NSD contractor access to the FISA Search System.
September 26 2016 – DOJ’s NSD Head John Carlin files the Government’s proposed 2016 Section 702 certifications. Carlin has been aware of Rogers’ compliance review.
September 27 2016 – Carlin announces he is resigning. Mary McCord will later assume his position.
October 4 2016 – a follow-up hearing on the 2016 Section 702 Certification was held. Carlin is still with the NSD at this time.
October 15 2016 – Carlin formally leaves the NSD.
Mid-October 2016 – DNI Clapper submits a recommendation to the White House that Director Rogers be removed from the NSA.
October 20 2016 – Rogers is briefed by the NSA compliance officer on the Section 702 NSA compliance audit and “About” query violations.
October 21 2016 – Rogers shuts down all “About Query” activity. Rogers reports the activity to DOJ and prepares to go before the FISA Court.
October 21 2016 – DOJ & FBI seek and receive a Title I FISA probable cause order authorizing electronic surveillance on Carter Page from the FISC. At this point, the FISA Court is unaware of the Section 702 violations.
October 24 2016 – Rogers verbally informs the FISA Court of Section 702(17) violations.
October 26 2016 – Rogers formally informs the FISA Court of 702(17) violations in writing.
November 17 2016 (morning) – Rogers travels to meet President-Elect Trump and his Transition Team in Trump Tower. Rogers does not inform DNI James Clapper.
November 17 2016 (evening) – Trump Transition Team announces they are moving all transition activity to Trump National Golf Club in New Jersey.
To restate.
The DOJ & FBI were fully aware that Rogers initiated a compliance review in April 2016. They were aware of the review’s relative status.
The DOJ & FBI were both aware of Carlin’s fraudulent September 26, 2016 submission of the Government’s proposed 2016 Section 702 certifications. They knew it contained material omissions.
The DOJ & FBI appear to have rushed the Carter Page FISA application – knowing Rogers was preparing to go before the FISA Court.
The DOJ & FBI applied for – and received – a Title I FISA warrant on Carter Page the same day Rogers apprised both Agencies of ongoing FISA violations.
Neither the DOJ or FBI informed the FISA Court of Rogers’ notification when they made their FISA Application on Page.
The FISA Warrant on Carter Page was granted on October 21, 2016.
And it likely wouldn’t have been possible without John Carlin.
https://www.themarketswork.com/2018/05/21/john-carlin-the-former-nsd-head-who-enabled-the-fbis-carter-page-fisa-warrant/
Wait, What With The Broidy Guy And Qatar And Huh? We’ll Splain You Easy
By Five Dollar Feminist - May 22, 2018 - 1:35pm 204
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image: https://img.wonkette.com/wp-content/uploads/2018/05/Nader-Broidy-250x95.jpg
George Nader and Elliott Broidy
This will NOT end well…
Elliott Broidy’s in a whole heap of shit, y’all! You might remember Mr. Broidy as the RNC Finance Committee guy who (maybe???) got rope-a-doped by Michael Cohen and Keith Davidson into paying $1.6 million to his pregnant Playboy model girlfriend last year. But there’s so much more to Mr. Broidy than his wandering dick! So before we get into a big corruptionsplainer on all the slimy shit Broidy’s done to get rich subverting the American electoral process, let’s just take a second for a quick Middle East splainer to lay the groundwork.
Can’t we all just agree to hate Israel together?
For generations, wonks have told us that all the problems in the Middle East would vanish if the Israeli-Palestinian conflict were resolved. But the population of the Middle East is about 220 million people, of whom the Israelis and the Palestinians together only total about 15 million. In reality, focusing on this tiny conflict allowed Middle Eastern regional powers to keep a wider Sunni-Shiite war at a slow boil — sure, the rulers were corrupt, but think of the Great Satan US and the Little Satan Israel!
We’ve now reached a point where everyone’s amassed an arsenal of big guns. And the Saudis, particularly Jared Kushner’s buddy Crown Prince Mohammad bin Salman (MBS), would like to have that BIG WAR now while their arch-rival Iran is weak from American sanctions.
But what does that have to do with Elliott Broidy? Or the US, for that matter?
HOLD YOUR HORSES! WE’RE GETTING THERE!
See, when the Russians interfere in our electoral process, they want to weaken the United States and keep it from strengthening European allies in Russia’s sphere of influence. When Middle Eastern powers interfere in our electoral process, they want US backing. Which brings us back to Elliott Broidy and his private military company Circinus. Because Broidy was flogging his services to the Saudi and Emirati governments, who were happy to cut him a check for half a billion dollars if he would just use his considerable influence with the Trump Administration to turn the US government against Qatar. ALLEGEDLY.
So when Broidy met George Nader at Trump’s inauguration in January 2017, it was a match made in heaven. (Well, except that Broidy likes surgically enhanced blondes, and Nader likes underaged boys. But anyway!) Because Nader was an emissary for the Saudi and Emirati princes angling to get relatively peace-loving Qatar out of the way before rearranging the entire Middle East. And Elliott Broidy wanted to make a shit-ton of money renting soldiers out to those very same princes.
George WHO?
You remember George Nader. He’s the guy who set Erik Prince up on that blind date in the Seychelles that may or may not have been an effort to establish a back-channel between Trumpland and the Kremlin. He’s the Lebanese-American who showed up at that other Trump Tower meeting during the campaign with Erik Prince and the Israeli social media guy who insists that he did nothing to help Trump win the election. Nader paid him $2 million for … nothing, we guess???? And Nader is the guy who got a surprise greeting at Dulles Airport from Robert Mueller in January, after which he allegedly flipped and told the scary Special Counsel man everything he knows.
Which means the AP scoop last night piecing together Elliott Broidy’s leaked emails to reveal the extent of their scheming to turn the Trump Administration against Qatar are probably not news to the Russia investigation. But they are news to us, and juicy news at that!
Ooooh, give us the dirt?
Well, you will be FOR SHOCKED to hear that the Saudis and Emiratis made Jared Kushner for a giant fucking idiot!
“YOU HAVE TO HEAR IN PRIVATE MY BROTHER WHAT PRINCIPALS THINK OF ‘CLOWN PRINCE’S’ EFFORTS AND HIS PLAN!” NADER WROTE. “NOBODY WOULD EVEN WASTE CUP OF COFFEE ON HIM IF IT WASN’T FOR WHO HE IS MARRIED TO.”
Apparently “Principals” Mohammed bin Zayed Al Nahyan, the crown prince of Abu Dhabi, and Saudi prince MBS figured it was worth it to hear the “Clown Prince” out on his galaxy brain MBAsplainer of the Israeli-Palestinian process if it meant the White House would get behind the blockade of Qatar. (Spoiler Alert: The Saudis already worked shit out behind the scenes with Israel, that’s why Israel is off the fucking chain lately.)
Broidy met twice with Trump to tell him that the evil Qataris were “a television station with a country” and to encourage him to maintain support for the blockade. He also offered to broker a meeting with MBZ — which is pretty weird for a guy who insists he’s not working for a foreign government and doesn’t need to register as a foreign agent!
image: https://img.wonkette.com/wp-content/uploads/2018/05/Screen-Shot-2018-05-22-at-11.25.05-AM.png
And what a stroke of luck that Broidy was good pals with Treasury Secretary Steven Mnuchin and could whisper in his ear exactly which Qataris the US government should sanction!
“MNUCHIN IS A CLOSE FRIEND OF MINE (MY WIFE AND I ARE ATTENDING SEC. MNUCHIN’S WEDDING IN WASHINGTON D.C. ON JUNE 24TH),” BROIDY WROTE TO NADER. “I CAN HELP IN EDUCATING MNUCHIN ON THE IMPORTANCE OF THE TREASURY DEPARTMENT PUTTING MANY QATARI INDIVIDUALS AND ORGANIZATIONS ON THE APPLICABLE SANCTIONS LISTS.”
image: https://img.wonkette.com/wp-content/uploads/2018/05/Screen-Shot-2018-05-22-at-11.32.09-AM.png
JFC! Anyone else?
HELL YEAH THERE IS! Broidy spread $600,000 around to GOP candidates during 2017 — he made a lot of friends. Including at the RNC, where he appears to have convinced John Kelly that his buddy was some dude named George Vader — not that convicted child molester George Nader that the Secret Service guys refused to let Trump get photographed with.
Broidy bragged to Nader that he had “shifted” House Foreign Affairs Committee Chair Ed Royce (R-California) “from being critical of Saudi Arabia to ‘being critical of Qatar.'”
BROIDY ALSO BRAGGED THAT HE HAD “CAUSED” ROYCE TO PRAISE A SENIOR SAUDI GENERAL, AHMED HASSAN MOHAMMAD ASSIRI, IN WORDS THAT WERE THEN MEMORIALIZED IN THE CONGRESSIONAL RECORD. NADER WAS THRILLED: A U.S. CONGRESSMAN PUBLICLY FLATTERED A SAUDI OFFICIAL, WHO DOCUMENTS SHOW WAS HELPING EVALUATE BROIDY AND NADER’S CONTRACT PROPOSALS.
image: https://img.wonkette.com/wp-content/uploads/2018/05/Screen-Shot-2018-05-22-at-11.33.48-AM.png
KA-CHING!
And Broidy seeded the media with “op-eds” decrying the Qataris as sponsors of terrorism and urging the US government to move the al-Udeid Air Base in Qatar to another country. Like Saudi Arabia or the UAE!
ON APRIL 21, 2017, BROIDY SENT NADER THE DRAFT OF AN OP-ED TO SHOW THE IMPACT OF HIS CAMPAIGN. IT WAS MARKED “CONFIDENTIAL.”
THREE DAYS LATER, “THE TWO FACES OF QATAR, A DUBIOUS MIDEAST ALLY” WAS PUBLISHED IN THE WALL STREET JOURNAL. THE OPINION PIECE, CO-WRITTEN BY RETIRED AIR FORCE GEN. CHARLES WALD, WHO HAD BEEN THE DEPUTY HEAD OF U.S. EUROPEAN COMMAND, CALLED FOR MOVING U.S. MILITARY ASSETS FROM THE AL-UDEID AIR BASE IN QATAR. “THE UNITED ARAB EMIRATES WOULD BE A LOGICAL DESTINATION,” WROTE WALD.
WHAT READERS DID NOT KNOW WAS THAT WALD WAS LISTED IN COMPANY DOCUMENTS AS A MEMBER OF BROIDY’S CIRCINUS TEAM THAT WAS PITCHING CONTRACTS IN SAUDI ARABIA.
Wald denies that he was ever employed by Broidy, and Broidy claims that he’s the victim of a secret smear campaign of forgeries by those dastardly Qataris. Which is CHUTZPAH for a guy who is himself engaged in a secret smear campaign to rearrange the entire Middle East so he can become a billionaire!
So, did it work?
Sure did!
DAYS AFTER BROIDY’S MEETING WITH TRUMP, THE UAE AWARDED BROIDY THE INTELLIGENCE CONTRACT THE PARTNERS HAD BEEN SEEKING FOR UP TO $600 MILLION OVER 5 YEARS, ACCORDING TO A LEAKED EMAIL.
THE MUSLIM FIGHTING FORCE CONTRACT WOULD BE EVEN LARGER, POTENTIALLY BRINGING THEIR ENTIRE GULF ENTERPRISE TO MORE THAN $1 BILLION.
But then Robert Mueller greeted George Nader at the airport on January 17 of this year with a fresh grand jury subpoena. And we just don’t know what happened to their giant pile of Saudi money after that!
STAY TUNED FOR MORE FUCKERY!
Read more at https://wonkette.com/634224/wait-what-with-broidy-guy-and-qatar-well-splain-you-easy#KizuZBpBAiUW0L2H.99
:lol reduced to spamming off topic wonkette articles no one reads
boutons_deux
05-23-2018, 10:04 AM
and?
Pavlov
06-02-2018, 01:21 PM
Eh-- you'll try to politicize it, TSA.
It's what your conspiracy nontheory is all about.
1004136424218611712
No deals
koriwhat
06-05-2018, 06:33 PM
1004136424218611712
No deals
sure... for 5 mins and then after his confession throw him in the hole for eternity. fuck mccabe!
spurraider21
06-05-2018, 07:16 PM
1004136424218611712
No deals
they aren't asking for "transactional immunity"... which would be complete immunity from charges
"use immunity" just means that his statements during that specific hearing can't be used against him. it's a much weaker version. they can still charge him based on any independent evidence NOT from his testimony
they aren't asking for "transactional immunity"... which would be complete immunity from charges
"use immunity" just means that his statements during that specific hearing can't be used against him. it's a much weaker version. they can still charge him based on any independent evidence NOT from his testimony
Thank you counselor for pointing out the type of immunity that was already highlighted by the author of the tweet.
Pavlov
06-05-2018, 11:05 PM
Thank you counselor for pointing out the type of immunity that was already highlighted by the author of the tweet.
lol so pissy
spurraider21
06-06-2018, 12:17 AM
Thank you counselor for pointing out the type of immunity that was already highlighted by the author of the tweet.
im explaining to you what that type of immunity consists of, brave patriot
nick short mistakenly says he is seeking immunity from prosecution. that's not true. he only has immunity in so far as his statements during that hearing wouldn't be able to be used against him
1004175116924801025
:rollin
Winehole23
06-06-2018, 07:15 AM
leaks good now.
when your ox was gored you had a different opinion.
djohn2oo8
06-14-2018, 10:49 AM
Memos hurt Comey not Trump.
Obama appointee decided leaks bad now not TSA.
:lol
boutons_deux
04-25-2019, 03:10 PM
1002736083069644800
panicked Trash weaponizing harmless shit, like lying that NYT apologized to him, etc, etc.
boutons_deux
04-25-2019, 03:18 PM
FISA judges nominated by Repug Chief Justice?
Pavlov
04-25-2019, 04:56 PM
1121483182250110981
Yeah, those people we never heard of!
:lol Trump running against the FBI instead of focusing on the actual candidates running against him.
ElNono
04-25-2019, 05:37 PM
Game over?
ElNono
04-25-2019, 05:38 PM
Never mind, just realized this thread is over a year old
Winehole23
05-08-2019, 10:30 AM
Game over?That Trump isn't nearly as rich as he says?
Nah, but that's gotta hurt.
boutons_deux
05-08-2019, 10:46 AM
1125926789799448576
There is absolutely no problem with a political oppo researchee discovering probable criminal actions and reporting them to the FBI.
crimes is crimes, leads is leads, why would the FBI care, or ignore, if a criminal lead came from a political oppo researcher?
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