.@OrinKerr on why the #ReleaseTheMemo argument won't matter legally.https://lawfareblog.com/dubious-legal-claim-behind-releasethememo …
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More problematic still, is suspicion that same consultant who fed FISA app gets called as "expert" (in CT cases, the term is often loosely applied) witnesses. Garbage in for $$, garbage out for $$. This is a real concern.
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Whatever else you think about Christopher Steele (and I'm the left's biggest skeptic!) he's got more expertise than some of the consultants suspected of playing both sides in CT cases. And THOSE defendants never got FISA review. & Congress never gave a shit that they didn't.
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Lost on defenders of Trump is the veracity of the underlying information. Would they defend a terrorist under the same legal arguments they are making?
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Or Chinese-Americans, the *other* adversary nation FISA is used with all the time. Nunes' district is > 7% Asian. And yet he didn't seem to care abt them being disproportionately targeted under 702 when he pushed that through.
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They are unwittingly setting dangerous legal precedents. Nothing they seem concerned about.
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Well, I happen to think the standard for review needs to move towards what Congress originally intended rather than what has been put into place. But I'm a softie that way.
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FISA without faith in the judicial is a scary hypothetical. Hence the concern about crackpot nominees being rammed through.
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I have repeatedly defended FISC. But I also happen to think Rosemary Collyer is a dangerously bad FISA judge, possibly the worst for which we have public documentation.
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I’ll take your word for it. In this case; however, I’ll take the word of Senator’s Burr and Warner that the unmasking was legitimate.
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Oh, it's not unmasking here. It's the underlying FISA order. But by all reports, including an anonymous Byron York report, there were plenty of other sources to back the application. https://www.emptywheel.net/2018/01/30/byron-york-confirms-that-many-names-and-sources-implicated-carter-page-as-an-agent-of-a-foreign-power/ …
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What are your thoughts on the Steele dossier as Russian disinformation? I know you and others have questioned parts of it before, but new article suggests the whole thing is disinfo. Seems someone as experienced as Steele should be smart enough to know difference?
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You're asking me? I'm agnostic about whether and if so how much is disinfo. But it is crystal clear the hack-and-leak stuff is the weakest part of it, and the hack preceded first report.
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That's why I'm asking you :) You mention Steele sometimes and I'm curious as to whether you think he's reputable. I'm not terribly interested in the dossier itself, mainly in Steele as a reputable person, out of curiosity mainly.
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I have zero reason to doubt that Steele is very reputable, though he is a follow-the-money guy rather than a follow-the-packets guy, and the Dems probably should have hired the latter.
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Didn't FBI agents use Clinton Cash to start an investigation?https://www.vanityfair.com/news/2016/11/fbi-investigation-clinton-foundation-peter-schweizer-breitbart …
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Yes, which I pointed out the other day.
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Frankly, I don’t understand why Steele even matters in case of Carter Page FISA. In 2013, FBI knew that Page had been a target a recruitment by the Russians. He was still tripping of to Moscow three years later. I can’t imagine FBI lost track of him.
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