Former FISA court adviser 'might have argued that the Steele dossier was unreliable' if he was asked

[mystery-ak]

Former FISA court adviser 'might have argued that the Steele dossier was unreliable' if he was asked
by Steven Nelson | Feb 5, 2018, 7:37 PM

An attorney selected to advise the Foreign Intelligence Surveillance Court says he might have recommended against surveilling former Trump campaign adviser Carter Page. But he was never asked for an opinion.

John Cline was one of the first people designated by the shadowy court’s judges as eligible to advise them on privacy and other intelligence collection issues, but he was not consulted on the Page case — or any other — during his two years on the amici curiae roster.

Cline served as an on-call expert alongside five others when the FBI and Justice Department sought a warrant to spy on Page, a businessman who had worked in Russia, on Oct. 21, 2016. The government received the warrant the same day, and later three 90-day renewals.

more
http://www.washingtonexaminer.com/former-fisa-court-adviser-might-have-argued-that-the-steele-dossier-was-unreliable-if-he-was-asked/article/2648176

[driftdiver]

"Over the entire 33-year period, the FISA court granted 33,942 warrants, with only 12 denials – a rejection rate of 0.03 percent of the total requests"

They could have quoted Mickey Mouse and it wouldn't have made a difference.

We are a police state.

[endicom]

...he was not consulted on the Page case — or any other — during his two years on the amici curiae roster.

If it comes with pay then I'd like to be on that roster.

[anubias]

Stunning.  Why have the FISA court if it’s just a facade to make it legal to spy on Americans?

[edpc]

“If I had access to the underlying application, I might have argued that the Steele dossier was unreliable because of its origins, and perhaps for other reasons as well,” Cline told the Washington Examiner Monday.


If he actually read the memo, he'd know it specifically says the origin was not disclosed in the application.

[anubias]

The “stunning” part to me:

The Freedom Act says the FISC “shall” use amici when confronted with “a novel or significant interpretation of the law, unless the court issues a finding that such appointment is not appropriate,” and “may” use amici “in any instance as such court deems appropriate.”

<snip>

In late December, Cline — a prominent attorney in national defense cases, helping represent Iran Contra figure Oliver North, accused Chinese spy Wen Ho Lee, and Dick Cheney aide Lewis “Scooter” Libby — quit his position as a FISC adviser, writing that in more than two years he had never been asked by the court or its appellate body to weigh in on a case.

In his resignation letter, Cline wrote that he believed some of the other amici were also never asked for input and the rest weighed in on “only a small handful of matters.”

“I am concerned that my continued service as amicus might create the impression that I am participating in the courts’ work, when in fact I am not,” he wrote.

“I hope that, whatever else comes of the controversy over the Page FISC order, it will introduce some appropriate transparency into the FISA process,” Cline told the Examiner. “Congress should exercise greater public oversight over the FISA process, consistent with legitimate national security concerns; and ... the FISC — or Congress, if the FISC declines to act — should expand the role of amici curiae."

[edpc]

The “stunning” part to me:

Don't be too ready to completely buy Cline's tale of woe.  One of his clients was Wen Ho Lee.  There was a guy definitely guilty of mishandling classified materials, probably guilty of espionage, and questionably guilty of treason. 

His case caused a lot of problems and embarrassment for the FBI.  Some of that was from straight up ineptitude.  Clinton even apologized for the treatment, which given the uncomfortably friendly relationship between Clinton and the Chinese, was absurd.

If there was a person who'd be frozen out and marginalized by the investigators, it'd be Cline.  You can bet there are long standing grudges alive and well among senior people who've been around for awhile.

If you enjoy 'stunning' material, find an old copy of The China Threat by Bill Gertz.  The damage to security permitted under that admin is appalling.

[mountaineer]

Remember that old saying about how a prosecutor can get a ham sandwich indicted? Apparently, it's even easier for the FBI to get a FISA warrant to spy on one. The court won't even ask why the heck they would want to spy on a sandwich. The court won't question at all.

[Restored]

It's much easier to get a wiretap when you are a Secret Court. There is no oversight.

[edpc]

Remember that old saying about how a prosecutor can get a ham sandwich indicted? Apparently, it's even easier for the FBI to get a FISA warrant to spy on one. The court won't even ask why the heck they would want to spy on a sandwich. The court won't question at all.

Sometimes, the ham sandwich has some questions to answer.  See the death of Mama Cass.