Tag: FISA

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The FISA Memo, and the Modus Operandi of the Obama Administration

The revelation that the FISA (Foreign Intelligence Surveillance Act) may have been abused for partisan purposes in the 2016 campaign has a familiar ring to it.

When investigators target a suspect, one aspect that is highly considered is whether the individual or individuals concerned have a history of similar action. The Encyclopedia Britannica defines this as Modus Operandi:  “(Latin: ‘operating method’, )… in criminology, distinct pattern or manner of working that comes to be associated with a particular criminal. Criminologists have observed that, whatever his specialty…the professional criminal is very likely to adhere to his particular way of operating.”

During the tenure of the Obama Administration, there was a disturbing and serious pattern of repeated misuse of the machinery of the federal government for partisan purposes, its Modus Operandi.

The memo recently released by the House Intelligence Committee indicates that the Trump campaign was surveilled on the basis of a warrant that was inappropriately obtained. The key and basic premise for being granted the right to spy on the opposition party was a dossier that was produced by a firm hired by the Clinton campaign to dig up political dirt. The report’s author, Christopher Steele, was paid $160,000 for his efforts.

The firm produced a document that was uncorroborated by any serious facts.  Indeed, it seems that the only claim to credence for the document was a clear-cut case of “circular reporting,” where favorable comments about it but based on no additional facts were used to support the request for the surveillance.

To further damage the acceptability of the Obama Administration’s actions in the matter, neither the application for the warrant, nor any of its renewals, mentioned that the evidence presented was the paid work of the Democrat National Committee and the Clinton campaign.

Add to all this the revelation that key members of the FBI leadership clearly expressed bias against Donald Trump, and also moved to quash an important and legitimate investigation against Hillary Clinton.

None of these clearly inappropriate actions should be a surprise.
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Indeed, it is the latest evidence of the Modus Operandi of the Obama Administration: the use of the machinery of the federal government for partisan political purposes. A 2014 article in Forbes called these actions “Obama’s Weaponization of Government…the American people have yet to fully grasp [the reality that] …their government has grown so large, so complex, so involved in virtually every aspect of their lives, that it is now being used as a weapon to by a small segment of the ruling political class…Those tactics reduce every Americans’ personal and economic freedom. There is a dangerous arrogance of power among …President [Obama]  and senior-level Democrats that should concern every America …a senior United States Senator gave a speech stating that the IRS should be used to target and punish groups that disagree with the Democratic Party’s political agenda.  Sen. Chuck Schumer stated, ‘…there are many things that can be done administratively by the IRS and other government agencies — we must redouble those efforts immediately.’  Schumer was also one of a number of Democrat Senators who signed a 2012 letter to the IRS demanding they be more aggressive against conservative organizations.”

Despite statements to the contrary, the partisan IRS assault was not the work of mere underlings. Investigations by the House Oversight Committee found that key officials knew of the actions taken, and may have directed them. Law360 reports  that “Public pressure from the Obama administration convinced the Internal Revenue Service to target conservative nonprofit groups for political activity, according to a House Oversight Committee report.

In 2017, National Review  voiced a similar concern: “ Under the Obama administration’s watch, the Internal Revenue Service and other federal agencies from the BATF to the NLRB were illegally used to target and harass the president’s political enemies. The IRS targeting scandal was the most high-profile of these, but others are just as worrisome. Federal investigations and congressional oversight were obstructed, and investigators were lied to outright — a serious crime. The administration protected the wrongdoers and saw to it that they retired with generous federal pensions rather than serving federal sentences for their crimes…The Obama administration’s attorney general, Eric Holder, left office while being held in contempt of Congress for inhibiting the investigation of other Obama administration scandals.”

The Federal Communications Commission sought (unsuccessfully) to place monitors in newsrooms in response to the Obama White House’s anger that talk radio stations were substantially disagreeing with presidential policies, and attempted to harass a leading news organization that was highly critical of the Obama Administration. The Federal Election Commission imposed draconian penalties in response to minor infractions, when the alleged violator was of a party not in power in the White House.

Judicial Watch, which has been instrumental in revealing the wholesale abuse of federal agencies by the Obama Administration, paid a  price for exposing corruption in Washington. Among the investigations performed by Judicial Watch was exposing hijinks by Obama appointees at the Government Services Administration (GSA).  But the federal agency didn’t hide in shame—they plotted their revenge.

The Washington Times explains: “Political operatives within the Obama administration wrongly punished the conservative legal group Judicial Watch, stripping it of ‘media’ status and trying to force it to pay higher fees for its open records requests…The GSA botched several high-profile open records requests, delaying them for months while political appointees got involved… The findings were released while the administration was facing charges of slow-walking open records requests for Hillary Clinton’s emails, as well as other requests.”

Wrongdoing by federal departments under the Obama White House, right up until its’ replacement in 2017, was rampant. It was the Modus Operandi of the Obama Administration.

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Punishing Official Misdeeds

Far too little of the news coverage of what Obama and the Clinton campaign did during the election of 2016, and to the incoming Trump government, employs the correct language necessary to precisely and accurately describe what occurred.

What should be said is this:

The nation’s intelligence services and the Justice Department were used to attack the GOP campaign and subsequently the newly elected Administration, using as an excuse a false document developed and paid for by the Democrat campaign. This activity began when the perpetrators were convinced that a Clinton victory would shield them from any legal repercussions, and with the confidence that a biased media would neither research nor criticize these activities. This was a continuation of practices utilized during the Obama Administration, when federal agencies such as the IRS were used for partisan purposes.

The evidence has become overwhelming, and, if legal action is not taken, a dangerous legal precedent will be established that government officials are above the law. Key figures from both of the nation’s main intelligence services, the CIA and the FBI, have unlawfully used their positions to interfere with constitutional order and the electoral process.
Former FBI Director Comey, fired by Trump, has worked with organizations allied with the Clinton Foundation, a questionable background for an individual charged with running an extremely sensitive nonpartisan federal law enforcement agency.  former CIA Director John Brennan, who advised the Obama campaign, has urged federal officials to disobey the duly elected president if Mueller is dismissed. Daniel Disalvo, writing for Commentary  reports that “…parts of the U.S. intelligence community are knee-deep in political activity that should be off-limits to them…”

PJ Media’s Debra Heine reports that an FBI ‘Secret Society’ met the day after the 2016 election, as referenced by disgraced FBI officials Peter Strzok (who was also involved in covering up Hillary Clinton’s email scandal) and Lisa Page, to map out a strategy to attack the newly elected White House.

The reason for the unprecedented and desperate assault on a new administration is evident. The Justice Department, and the nation’s intelligence services, failed to take any action when a clear national security threat developed as Hillary Clinton and her foundation profited from the sale of the basic ingredient of nuclear weapons to the Russians. Further, no action was taken by the Justice Department when the Obama Administration gave a pass to the terrorist organization Hezbollah when it raised funds by selling drugs in the United States, because the President wanted to protect his negotiations with Iran on the nuclear deal, which fails to permanently restrain Tehran from developing nuclear weapons.
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These failures, and the fear of legal repercussions resulting from them, explains the ardor and passion with which the Clinton campaign and Obama’s appointees and allies have fought so vigorously, using tactics that are illegal, against the Trump campaign and subsequent Administration. Serious misdeeds, from giving Hezbollah a pass to sell drugs, to the profiting from the sale of nuclear bomb ingredients to the Russians, have been exposed to investigation and prosecution by the unexpected victory of the GOP campaign.

And there is more. A coverup of the sale of weapons to Jihadists fighting the Syrian regime, an incident which probably provoked the Benghazi attack, could also be exposed. A Global Research analysis of a study by Aaron Klein explains:

“The U.S. special mission in Benghazi and the nearby CIA annex were utilized in part to coordinate arms shipments to the jihadist rebels fighting the Syrian regime. The activities, which included a separate, unprecedented multi-million-dollar weapons collection effort from Libyan militias who did not want to give up their weapons, may have prompted the Sept. 11, 2012, attack.”

Providing weapons to Jihadists, who are terrorists, is a violation of federal law, (18 U.S. Code § 2339A – Providing material support to terrorists)  which could lead to criminal liability, including a 15 year prison term, for members of the former administration, including both Hillary Clinton and Barack Obama.

Rep. Matt Gaetz (R-Florida)   has called for the  release of a memo and other information  from the House Permanent Select Committee on Intelligence, including a memo held in the Congressional Sensitive Compartmented Information Facility that contained previously-undisclosed information involving the FBI and  the Department of Justice. Gaetz states: “The House must immediately make public the memo prepared by the Intelligence Committee regarding the FBI and the Department of Justice. The facts contained in this memo are jaw-dropping and demand full transparency. There is no higher priority than the release of this information to preserve our democracy.”

The danger to the nation is both from the breaking down of the rule of law by exempting senior government officials, both elected and appointed, from legal liability for their misdeeds, and to the physical safety of the nation itself. The desperation by partisan officials to distract and discredit the Trump Administration, or to at least develop a “bargaining chip” to trade if prosecution finally begins, is evident.

 

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Trump, Russia, and Illegal Surveillance

Candidate Donald Trump proposed, and President Donald Trump has pursued, two policy issues which are clearly detrimental to the Russian government of Vladimir Putin.

The first is the proposal to allow exploitation of energy resources within federal lands. The Russian economy is heavily dependent on energy sales.  Increasing the supply of oil or gas causes prices to drop, and hobbles the Russian economy.

The second is the strengthening of the U.S. armed forces.  After eight years of neglect under the Obama Administration and the Sequester, the American military has reached its lowest point, in many cases, in a century, particularly in relation to the growing forces of Russia and China. Moscow relies heavily on military strength for international influence, since it possesses neither financial or cultural assets that are influential on a global scale. A return to full strength by the U.S. military limits the Kremlin’s influence.

Despite these two policies which Moscow considers serious threats to its power and well-being, Democrats are attempting to make the case that there are hidden ties between Trump and Putin. In reply, President Trump alleges that the former Obama Administration used this charge to engage in surveillance of his campaign.

The United States Foreign Intelligence Surveillance Court, popularly called the FISA court, is a federal tribunal consisting of 11 federal judges who serve on a weekly rotating basis, It was established by the Foreign Intelligence Surveillance Act of 1978 to oversee requests for surveillance warrants against international intelligence agents working within the United States. It convenes in an undisclosed but highly protected courtroom not far from the White House.

While those who disagree with President Trump’s allegation that he was unlawfully spied upon point out that there was no FISA authorization to do so, it does not mean that surveillance didn’t take place. The Obama Administration has a history of abusing federal assets and agencies for partisan political purposes. The Department of Justice intentionally turned a blind eye towards offenses having to do with voting, the Internal Revenue Service clearly was employed in partisan attacks against the Tea Party, and even agencies such as NASA, NOAA, and the EPA were manipulated for political or ideological gain.

As scandal after scandal erupted having to do with misuse of federal agencies, the Obama White House repeatedly claimed that it had no idea what its own agencies were doing.

It has been maintained that the entire allegation against Trump regarding contact with Russians was a cover-up, used as an excuse to justify the unlawful surveillance.

As Trump began to explode in popularity, the Obama Justice Department and FBI considered a criminal investigation of Trump associates, and perhaps Trump himself, based on what may have been artificial concerns about connections to Russian financial institutions.

Heatstreet  describes the allegation:

“An initial request to place surveillance on Trump Tower was denied back in June, but the second was drawn more narrowly and was granted in October on flimsy evidence that a server in Trump Tower hay have had links to two Russian banks. ‘Sources suggest that a FISA warrant was granted to look at the full content of emails and other related documents that may concern US persons.’ It turned out there was nothing amiss. Rather than shut the case down, though, the Obama Justice Department converted it into a national-security investigation.”

That the FISA court reportedly turned down the Obama Justice Department’s initial request, is notable, according to RealClearPolitics “The FISA court is notoriously solicitous of government requests to conduct national-security surveillance. Not taking no for an answer, the Obama Justice Department evidently returned to the FISA court in October 2016, the critical final weeks of the presidential campaign. This time, the Justice Department submitted a narrowly tailored application that did not mention Trump. The court apparently granted it, authorizing surveillance of some Trump associates. The New York Times has identified – again, based on illegal leaks of classified information – at least three of its targets: Paul Manafort (a former Trump campaign chairman), and two others whose connection to the Trump campaign was loose at best, Manafort’s former political-consulting business partner Roger Stone, and investor Carter Page. The Times ultimately concedes that the government’s FISA investigation may have nothing to do with Trump, the campaign, or alleged Russian efforts to interfere in the U.S. election by hacking e-mail accounts.”

Several salient questions must be answered by those pushing the Trump-Russia connection story.  First, why would Moscow seek to assist a candidate who was clearly detrimental to their interests? This issue is particularly relevant when the other candidate, Hillary Clinton, engaged in policies that proved significantly helpful to the Kremlin, either personally or in supporting the policies of the Obama Administration.  Those policies included:

  • Her advocacy of the New START treaty, which gave Moscow the lead in nuclear weaponry for the first time in history;
  • Her facilitation of the sale of uranium, the basic ingredient in nuclear weapons, to Russia;
  • The slowdown in the deployment of anti-ballistic missiles;
  • The slashing of U.S. defense spending;
  • The restriction against using energy resources on federal lands;
  • The failure to enact significant sanctions in the wake of the invasion of Ukraine; and
  • The failure to respond to the growing Russian military presence in the western hemisphere.

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The second issue is, why did the FISA Court, which is very amenable to surveillance requests, turn down the Obama government’s bid for covert surveillance in June? The response, of course is that the evidence may have far too flimsy—in essence, a poorly concealed justification for illegal, partisan surveillance of a rival campaign.