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Tuesday, July 24, 2018

The FISA application: Nunes was right (and it’s not Andrew C. McCarthy’s FBI anymore)



This is a particularly important admission because confirmation bias would ordinarily cause him to think the opposite. It’s one of the reasons I so admire McCarthy; he can admit he’s wrong. He also isn’t usually wrong. But he has been consistently wrong in thinking that the same agencies (and even in some cases the same people) he used to know in another time and another setting (a non-Trump-Derangement setting) are being on the up-and-up and have some integrity in connection with their actions towards Trump and anything to do with Trump.

McCarthy can hardly believe the truth he’s learned; it’s so disillusioning. But he does believe it when he sees the evidence right before his eyes.

McCarthy has had a little more time now to write a column, and he further expands on some of the ideas he touched on in that interview. Please read his column in its entirety. Here’s an excerpt:

When people started theorizing that the FBI had presented the Steele dossier to the FISA court as evidence, I told them they were crazy: The FBI, which I can’t help thinking of as my FBI after 20 years of working closely with the bureau as a federal prosecutor, would never take an unverified screed and present it to a court as evidence. I explained that if the bureau believed the information in a document like the dossier, it would pick out the seven or eight most critical facts and scrub them as only the FBI can — interview the relevant witnesses, grab the documents, scrutinize the records, connect the dots. Whatever application eventually got filed in the FISA court would not even allude en passant to Christopher Steele or his dossier. The FBI would go to the FISA court only with independent evidence corroborated through standard FBI rigor.

…[and] in the unlikely event the FBI ever went off the reservation, the Justice Department would not permit the submission to the FISA court of uncorroborated allegations; and even if that fail-safe broke down, a court would not approve such a warrant.

It turns out, however, that the crazies were right and I was wrong. The FBI (and, I’m even more sad to say, my Justice Department) brought the FISA court the Steele dossier allegations, relying on Steele’s credibility without verifying his information.

I am embarrassed by this not just because I assured people it could not have happened, and not just because it is so beneath the bureau…I am embarrassed because what happened here flouts rudimentary investigative standards. Any trained FBI agent would know that even the best FBI agent in the country could not get a warrant based on his own stellar reputation…

…Much of my bewilderment, in fact, stems from the certainty that if I had been so daft as to try to get a warrant based on the good reputation of one of my FBI case agents, with no corroboration of his or her sources, just about any federal judge in the Southern District of New York would have knocked my block off — and rightly so.

That’s why I said it.

And what I have to say to Andrew McCarthy is this: it’s not your FBI or your DOJ anymore. You’ve been away for a while, and the entire ethos seems to have changed, and those changes are dangerous. The frenzy to get Trump has caused the people involved to cut a great road through the law to get after the Devil:

This is the reason that some people who broke the rules and the laws to deny Trump the Presidency that he won must go toprison.

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