Was Fusion GPS Allowed to Run Unsupervised FISA-702 Queries?

January 12th, 2018

We interrupt our regularly-scheduled LinkSwarm, and preempt our next gargantuan Clinton Corruption update, to bring you a development that potentially dwarfs not only what we already know of the scandal, but any national American political scandal since Benedict Arnold sold the British the plans to West Point in 1780.

These claims center around a Top Secret FISA Court Order document obtained by Judicial Watch on May 23, 2017, but I first came across them last night on Twitter:

Here is the prolonged argument at Conservative Treehouse/The Last Refuge:

Ever since the transcript of Fusion-GPS Co-Founder Glenn Simpson’s testimony to the Senate Judiciary Committee was released by Senator Dianne Feinstein, several inquisitive media outlets have begun questioning the relationship between the FBI investigators, Glenn Simpson and dossier author Christopher Steele.

What we have discovered not only highlights the answer to that question, but it also answers a host of other questions, including: Did the FBI pay Christopher Steele? Yes, but now how media thinks. Was the FBI connected to the creation of the Steele Dossier? Yes, but not in the way the media is currently outlining.

The story of how surveillance on the 2016 campaign of Donald Trump took place is simple. However, to understand the truth behind how they did it – the story it becomes more complex. Some key background understanding is necessary.

  • First, to understand what took place in 2016 we must first travel back to 2015 when Office of Inspector General (OIG) Michael Horowitz asked for approval to conduct oversight over the National Security Division of the Department of Justice.

    In 2015 Inspector General Michael Horowitz was blocked by the Department of Justice from having oversight over the DOJ-NSD. In a lengthy response to the IG’s office [Full 58 page pdf HERE] Sally Yates essentially said ‘all DOJ is subject to oversight, except the National Security Division.

  • Second, to understand how FISA is used it is CRITICAL to understand that any National Security Agency, such as the DOJ National Security Division or the FBI Counterintelligence Division, may use the NSA database -and FISA enabled inquires- with more leeway and less restrictions on access and use. In short, FISA “queries” from any national security agency within government are allowed without seeking court approval.
  • Snip.

    Understanding the scale and scope of what took place in 2016 is contingent upon understanding how the Foreign Intelligence Surveillance Act (FISA) was being used. More specifically how *critical* exceptions for FISA-702 “search queries”, without judicial warrants or FISA court approvals, were permitted.

    FISA-702(17) “About Queries” from legislatively authorized national security entities did NOT require FISA court approvals.

    Snip.

    The recent stories about the 2016 DOJ and FBI counterintelligence investigation of the Trump campaign center around how the Christopher Steele ‘Russian Dossier’ was used by the DOJ/FBI in obtaining FISA approvals for surveillance of Trump campaign officials.

    Within the “Russian Dossier” back-story everyone is now familiar with the relationship between Fusion-GPS, the founder of the company, Glenn Simpson, and the author of the dossier, Christopher Steele. Additionally, the relationship between the Clinton campaign and Fusion GPS is now well known.

    In/around April of 2016 the Clinton campaign entered into a financial relationship with Fusion-GPS. Team Clinton paid Fusion-GPS for information on candidate Donald Trump. That agreement led to Fusion-GPS hiring sub-contractor Christopher Steele, which eventually led to the creation of the ‘Steele Dossier’.

    Yesterday, it was reported that the ‘Steele Dossier’ was used as the underlying foundation for the DOJ and FBI to seek FISA Court Approvals to monitor the communications of the Trump campaign.

    In essence, as of yesterday, the FBI used contracted Clinton opposition research -via Fusion GPS- on candidate Donald Trump to generate surveillance authority over her political opponent.

    That sounds bad, but what we have discovered is even worse.

    Dates are critical because they build the circumstantial case amid a story clouded in obfuscation and convenient FISA secrecy.

    We know NSA Director Admiral Mike Rogers became aware of an issue with unauthorized FISA-702(17) “About Queries” early in 2016. Due to a FISA court ruling that was declassified in May of 2017 we were able to piece that specific timeline together.

    After discovering the FISA-702(17) “About Query” concerns, NSA Director Rogers initiated a full FISA-702 compliance review.

    Snip.

    During the exact same time-frame that Christopher Steele was assembling his dossier information (May-October 2016), the NSA compliance officer was conducting the internal FISA-702 review as initiated by NSA Director Mike Rogers.

    The NSA compliance officer briefed Admiral Mike Rogers on October 20th 2016.

    On October 26th 2016, Admiral Rogers informed the FISA Court of numerous unauthorized FISA-702(17) “About Query” violations.

    Subsequent to that FISC notification Mike Rogers stopped all FISA-702(17) “About Queries” permanently. They are no longer permitted.

    The full FISC Court Ruling on the notifications from the NSA is below. And to continue the story we are pulling out a specific section [page 83, pdf] CRITICAL to understanding what was going on:

    Pg 83. “FBI gave raw Section 702–acquired information to a private entity that was not a federal agency and whose personnel were not sufficiently supervised by a federal agency for compliance minimization procedures.”

    This is where the snippet shown in the tweet comes in:

    Notice how it was an FBI “private contractor” that was conducting the unauthorized FISA-702 Queries.

    We have been tipped off that the contractor in question was, unbelievably, Fusion-GPS.

    It is almost certain this early 2016 series of FISA-702 compliance violations was the origin of NSA Director Admiral Mike Rogers concern. His discovery becomes the impetus for Director Rogers requesting the 2016 full compliance audit. It appears Fusion-GPS was the FBI contracted user identified in the final FISA court opinion/ruling.

    Note the dates from the FISC opinion (above) – As soon as the FBI discovered Mike Rogers was now looking at the searches, the FBI discontinued allowing their sub-contracted agent access to the raw FISA information effective April 18th, 2016.

    [Fusion-GPS was working on behalf of the FBI? Fusion-GPS was a contractor for the FBI? Fusion-GPS was being paid by the FBI?… while using access to research Trump]

    On April 19th, 2016, the day after the FBI stopped allowing access to the FISA database, the wife of Fusion-GPS founder Glenn Simpson, Mary B Jacoby, went to the White House.

    The piece then goes on to reiterate what we already know about the Clinton/Democratic Party Fusion GPS ties, as well as ties to intelligence community figures such as Bruce and Nellie Ohr.

    Accepting the FBI was utilizing Fusion-GPS as a contractor, there is now an inherent clarity in the relationship between: FBI agent Peter Strzok, Fusion-GPS Glenn Simpson, and ‘Russian Dossier’ author Christopher Steele. They are all on the same team.

    The information that Fusion-GPS Glenn Simpson put together from his advanced work on the ‘Trump Project’, was, in essence, built upon the foundation of the close relationship he already had with the FBI.

    Simpson, Jacoby and Ohr then passed on their information to Christopher Steele who adds his own ingredients to the mix, turns around, and gives the end product back to the FBI. That end product is laundered intelligence now called “The Trump/Russia Dossier”.

    It is a circle of intelligence information.

    The FBI turn around and use the “dossier” as the underlying documents and investigative evidence for continued operations against the target of the entire enterprise, candidate Donald Trump. As Peter Strzok would say in August 2016: this is their “insurance policy” per se’.

    The explosive part of the piece is also, alas, the one that currently appears to have only anonymous sources as corroborating evidence: that Fusion GPS was the “outside contractor” allowed to run “unsupervised” FISA-702 queries. It fits the pattern and makes sense, but I have to treat it with wariness because it too neatly fits my understanding of Obama administration/Clinton campaign patterns of lawlessness, and I want to avoid the trap of confirmation bias.

    It’s an explosive charge, that the Obama Administration authorized a private company to run unsupervised queries on unmasked American citizens in order to destroy political enemies. That dwarfs Watergate. In fact, the entire unmasking scandal already dwarfed Watergate.

    But what greatly magnifies the scandal is that, at the same time they were allegedly running these unsupervised FISA-702 inquires, in addition to getting paid by the Hillary Clinton campaign and the Democratic Party, Fusion GPS was in the pay of Russian nationals who opposed the Magnitsky Act.

    If Fusion GPS was allowed to run unsupervised FISA-702 queries, it brings up a whole host of other questions, including just who in the Obama administration and/or the US intelligence community granted Fusion GPS (and why they aren’t in prison), and how such access was granted. Where they escorted to a secured terminal room in Ft. Meade and told “Have at it, boys!” Was a Virtual Private Network setup to give them a direct pipeline into U.S. intelligence data? Were they allowed access to all U.S. intelligence data (including all intercepts of American civilian communication), or just small abstract of same? Did any of the information resulting from the queries run end up in Russian hands?

    Knowing the answers to those questions would tell us how bad a breach in our security this was, and just what sort of felony charges need to be filed.

    If the worst case implications of the above are true, the Obama Administration gave unlimited, unsupervised access to America’s most sensitive national security data to a private firm in the pay of foreign powers merely to go after political enemies.

    That’s a huge, huge scandal no matter how you slice it.

    Damore Sues Google

    January 11th, 2018

    James Damore, the former engineer fired by the search giant for daring to share doubts about Google’s diversity programs on an internal forum, is suing them for being terminated for his race, sex, and beliefs rather than job performance. His lawsuit is joined by David Gudeman, another terminated employee.

    Here’s the text of the lawsuit. Some of the more insane tidbits:

  • From a co-worker who was evidently not fired: “I will keep hounding you until one of us is fired. Fuck you.”
  • “An employee who sexually identifies as ‘a yellow-scaled wingless dragonkin’ and ‘an expansive ornate building’ presented a talk entitled ‘Living as a Plural Being’ at an internal company event.”
  • Numerous examples of Google officially proscribing conservative thought and pushing SJW victimhood identity politics.
  • No wonder Google’s “fact checking” only targets conservative sites. They want America at large to reflect Google’s far-left ideological monoculture.

    (Hat tip: The Other McCain.)

    Democrats Threaten To Shut Down Government Because They Need Illegal Alien Votes

    January 10th, 2018

    The most recent U.S. temporary funding bill runs out on January 19, and Democrats are making noises that they’ll force a shutdown if they don’t get illegal alien amnesty for Obama’s “Dreamers.”

    If memory serves, Republicans didn’t particularly achieve much or come out smelling like a rose for their temporary shutdown gamesmanship under Obama.

    A recent memo co-authored by former Clinton communications director Jennifer Palmieri confirms what everyone already knew: Democrats want to legalize “Dreamers” not because of any high moral principles, but because they need their votes:

    The Center For American Progress (CAP) Action Fund circulated a memo on Monday calling illegal immigrants brought here at a young age — so-called “Dreamers” — a “critical component of the Democratic Party’s future electoral success.”

    The memo, co-authored by former Clinton communications director Jennifer Palmieri, was sent around to allies calling on Democrats to “refuse to offer any votes for Republican spending bills that do not offer a fix for Dreamers and instead appropriate funds to deport them.”

    President Donald Trump’s administration moved to end the Deferred Action for Childhood Arrivals (DACA) policy in September, which former President Barack Obama instituted through executive order to keep immigrants who came here as children from being deported.

    Trump called on Congress to find a legislative fix for young immigrants, or “Dreamers,” facing deportation. House lawmakers recently put forward a bipartisan DACA compromise bill that also claims to address worries over chain migration. However, it’s unclear if the bill will pass.

    CAP Action’s memo says protecting DACA is not only a “moral imperative” for Democrats, it also key to getting votes.

    “The fight to protect Dreamers is not only a moral imperative, it is also a critical component of the Democratic Party’s future electoral success,” reads Palmieri’s memo, obtained by The Daily Caller News Foundation.

    “If Democrats don’t try to do everything in their power to defend Dreamers, that will jeopardize Democrats’ electoral chances in 2018 and beyond,” reads the memo. “In short, the next few weeks will tell us a lot about the Democratic Party and its long-term electoral prospects.”

    (Hat tip: Ace of Spades HQ. )

    President Donald Trump has been making noises about a “grand compromise” on immigration that will include an end to chain migration, an end to the visa lottery, and building the border wall. Democrats are having none of that, insisting they want a clean “Dreamer” amnesty in exchange for generously allowing the federal government to continue spending insanely more money than it actually has. RINOS are scurrying around wondering how they can sneak amnesty into a bill and not get primaried into oblivion. Conservative are saying a “Dreamer” amnesty will fracture the Trump coalition.

    My guess is that this is all much ado about nothing, and that Democrats will cave on forcing a shutdown due to midterm election backlash fear. But #TheResistance has so deranged them you never know, and the Trump Russia Fantasy clearly isn’t getting the job done.

    Tune in 9 days from now for another exciting episode of As the Amnesty Turns

    David Brooks Finds Half A Box Of Clues

    January 9th, 2018

    Hey, remember David Brooks, the New York Times “conservative” columnist who gushed about Obama’s creased pants leg? Conservatives pretty much stopped paying attention to him then, be he went on to be (naturally) a #NeverTrumper.

    So it’s interesting to find Brooks debunking the excesses of #NeverTrump:

    People who go into the White House to have a meeting with President Trump usually leave pleasantly surprised. They find that Trump is not the raving madman they expected from his tweetstorms or the media coverage. They generally say that he is affable, if repetitive. He runs a normal, good meeting and seems well-informed enough to get by.

    For “repetitive,” I direct people to read (yet again) Scott Adams explaining how Trump uses standard persuasion techniques, including, yes, repetition.

    The White House is getting more professional. Imagine if Trump didn’t tweet.

    Imagine if Trump didn’t keep pantsing our intellectual class by trolling them into overreacting and letting him dominate the news cycle.

    The craziness of the past weeks would be out of the way, and we’d see a White House that is briskly pursuing its goals: the shift in our Pakistan policy, the shift in our offshore drilling policy, the fruition of our ISIS policy, the nomination for judgeships and the formation of policies on infrastructure, DACA, North Korea and trade.

    It’s almost as if there are two White Houses. There’s the Potemkin White House, which we tend to focus on: Trump berserk in front of the TV, the lawyers working the Russian investigation and the press operation. Then there is the Invisible White House that you never hear about, which is getting more effective at managing around the distracted boss.

    I sometimes wonder if the Invisible White House has learned to use the Potemkin White House to deke us while it changes the country.

    “Learn.” As if this wasn’t part of Trump’s strategy from the git-go.

    I mention these inconvenient observations because the anti-Trump movement, of which I’m a proud member, seems to be getting dumber. It seems to be settling into a smug, fairy tale version of reality that filters out discordant information. More anti-Trumpers seem to be telling themselves a “Madness of King George” narrative: Trump is a semiliterate madman surrounded by sycophants who are morally, intellectually and psychologically inferior to people like us.

    You know #NeverTrumper has reached an apex of arrogance when David Brooks calls them smug. It’s like having Liberace declare that someone is “way too gay.” And believing that people whose politics differ from yours are “morally, intellectually and psychologically inferior to people like us” is pretty much the 21st Century’s Democratic Party platform.

    The anti-Trump movement suffers from insularity. Most of the people who detest Trump don’t know anybody who works with him or supports him. And if they do have friends and family members who admire Trump, they’ve learned not to talk about this subject. So they get most of their information about Trumpism from others who also detest Trumpism, which is always a recipe for epistemic closure.

    “Epistemic closure” seems to be the motto of our entire anti-Trump chattering classes these days.

    To be sure, much of the rest of the piece is the usual elite disdain for those uncouth ruffians Trump has empowered:

    There’s a hierarchy of excellence in every sphere. There’s a huge difference between William F. Buckley and Sean Hannity, between the reporters at this newspaper and a rumor-spreader. Part of this struggle is to maintain those distinctions, not to contribute to their evisceration.

    “Never forget that we cultural elites are your betters! Your betters!”

    There remains a huge difference between William F. Buckley, Jr. and David Brooks.

    Liberals And Trump’s Twitter Traps

    January 8th, 2018

    I’ve written before about how how President Donald Trump uses his Twitter account to dominate the news cycle. After more than two years of Trump using the same techniques over and over again, you’d think liberals would learn not to fall for it.

    You’d be wrong.

    Today’s case in point:

    “Actually, throughout my life, my two greatest assets have been mental stability and being, like, really smart.”

    That’s some God Mode-level trolling right there. Liberals keep complaining about how the media pay too much attention to Trump’s tweets…and then go on to react to Trump’s tweets, because they can’t help themselves.

    One of the animating reasons behind #TheResistance and #NeverTrump is an absolute bedrock convictions that they, being smart and sophisticated, are ever-so much smarter than that bumbling doofus Trump. By offering up “being, like, really smart,” Trump once again baits liberals into responding to him, dominating yet another news cycle. One wonders if he does this instinctively, or if he spends time editing them for maximum troll effect. Maybe he had “I’m really smart” then threw in the “like, really” for maximum troll effect.

    He’s like a bored teenager dangling a bit of yarn in front of a kitten, knowing that there’s no way it can resist the lure…

    Pat Condell on Britain’s Hate Speech Police

    January 7th, 2018

    “Hate speech is free speech that hurts people’s feelings. It’s illegal in Britain because we don’t have a First Amendment to protect us from this kind of arbitrary police state law and the police, for reasons best known to themselves, pay special attention to Internet hate speech. They’re always telling us how seriously they take it. It’s almost as if they prioritize it over real crime for some kind of ideological reason, because it seems they’re all over social media combing out thought criminals like head lice.”

    “It seems that you’re as likely to be arrested in Britain today for being abusive on Twitter as you are for gang raping a child. Maybe even more so.”

    Also this:

    “Recently on Channel 4 News we heard that the grooming gangs in Rotherham are still operating openly for all to see, including the police. And they wonder why they’re losing trust and respect.”

    The Religion of Peace and the UK progressive thought police organization “Common Purpose” puts in an appearance as well.

    Condell also has a rant called “A Word To The Criminal Migrant.” Unfortunately, due to the oppressive atmosphere of progressive censorship, YouTube has made it so that I can no longer embed it here, so click on that as well.

    Monkey Business

    January 6th, 2018

    Heh:

    LinkSwarm for January 5, 2018

    January 5th, 2018

    Happy New Year!

  • How Donald Trump is restoring the S-curve.
  • What it’s like to be a New York Times reporter during the war on terror:

    Success as a reporter on the CIA beat inevitably meant finding out government secrets, and that meant plunging headlong into the classified side of Washington, which had its own strange dynamics.

    I discovered that there was, in effect, a marketplace of secrets in Washington, in which White House officials and other current and former bureaucrats, contractors, members of Congress, their staffers, and journalists all traded information. This informal black market helped keep the national security apparatus running smoothly, limiting nasty surprises for all involved. The revelation that this secretive subculture existed, and that it allowed a reporter to glimpse the government’s dark side, was jarring. It felt a bit like being in the Matrix.

    It’s a long and informative piece, even if you don’t accept all of reporter James Risen’s analysis. And it really does show how badly our national security agencies leak…

  • The recently discovered vulnerability in Intel chips is really, really bad. And fixing it requires about a 5-30% performance hit on every OS that runs atop Intel processors. (Here’s a nice layman description).
  • More on the same topic from Borepatch.
  • “Crazy” like a fox: “The tougher the sanctions and rhetoric from the United States, the more flexible North Korea is becoming.”
  • 40 companies offer Trump Tax Cut bonuses. (Hat tip: Director Blue.)
  • Germany outsources censorship. Evidently you’re not allowed to say anything critical of Muslims or “Muslim refugees,” ever. “How the Germans can’t see that such a law, in the hands of the wrong party, could be devastating is a mystery. I can only conclude such occurrences have no precedent in their country from which they could draw obvious lessons.” (Hat tip: Stephen Green at Instapundit.)
  • Scott Adams enumerates all the things President Donald Trump broke that needed breaking.
  • DACA isn’t what Democrats say it is.
  • Attorney General Jeff Sessions rescinds Obama-era memorandums on state-level legalized marijuana. Popehat thinks this is, at present, mostly cosmetic due to the Rohrabacher-Farr Amendment. I oppose federal marijuana prohibition on constitutional grounds: Regulating marijuana is not an enumerated power of the federal government, regulation is neither necessary nor proper (thus no 9th Amendment justification), and thus a matter entirely for the states absent any interstate commerce under the 10th Amendment.
  • “Mayor Sylvester Turner’s press secretary was suspended for two weeks without pay after she failed to turn over thousands of documents required to be released under Texas law. Darian Ward was asked to turn over emails relating to her work on non-city related projects, including a private side business called ‘Joy in Motion Productions.'” She must have gone to the Hillary Clinton School of Email FOIA compliance…
  • Dave Chappelle has a point. As gross, disgusting and socially unacceptable as having Louis C.K. masturbate on the phone with you is, if you let that dissuade you from pursuing a career in a field as hotly competitive as standup comedy, that’s on you. (Hat tip: Ann Althouse.)
  • “Genetic Study Supports Carbohydrate-Insulin Model of Obesity.”
  • Perfect season.
  • Dibs.
  • Did Charlie Geren Operative File a False CPS Report Against Primary Opponent?

    January 4th, 2018

    This lawsuit alleges that an operative of Joe Straus ally Rep. Charlie Geren carried out one of the nastiest dirty campaign tricks of recent memory against primary opponent Bo French:

    Today Bo and Sheridan French filed suit against Charlie’s campaign staffer and well known democrat, David Sorensen, in a story that is very disturbing and challenges our sense of decency.

    On Friday February 26, 2016, 4 Days before the primary, CPS, along with a FTW police officer, showed up at the French residence with a complaint that their son had suffered a broken rib and allegations of physical abuse from Bo against the children. This was followed by repeat visits to the home on Saturday and Sunday. Oddly, once the election was over on that Tuesday, they never showed back up.

    The Frenches have filed a civil suit against Sorensen, claiming he filed the report with CPS, with the intent to gain an unfair advantage for the Charlie Geren campaign in the final days of the primary. The suit claims: Defamation/Libel; Business Disparagement; Intrusion of Seclusion; Invasion of Privacy; and Intentional Infliction of Emotional Distress.

    According to the filing, Sorensen put his scheme into effect by supplying a false report to CPS claiming Mr. French’s youngest son had suffered broken ribs and that the son was not provided adequate medical care. It was further falsely reported that the police had responded to domestic abuse calls at the French residence in the past. CPS’s internal investigation found that the Frenches’ son never had any broken ribs and that the police had never at any time been called to the French residence. After nearly a year the CPS proceeding was closed without any further investigation of the Frenches, but not until after Mr. French lost to Sorensen’s employer in the primary election.

    Geren vehemently denies the charges:

    The Forth Worth Star-Telegram has more on the story, including that Sorensen worked for the political consulting firm Murphy Nasica.

    Geren has also criticized a Facebook page French put up mocking former Dalworthington Gardens Police Chief Bill Waybourn.

    French and Geren are fighting a rematch in this year’s District 99 Republican Primary.

    Bosch Fawstin Suspended by Twitter

    January 3rd, 2018

    Artist Bosch Fawstin, the winner of the Draw Mohammed Contest in Garland (over which two jihadis managed to dirtnap themselves) has been suspended by Twitter.

    Says Fawstin:

    Twitter just suspended my account this morning, with no specific reason given to me besides their claim that I violated their rules for “hateful conduct”. I have been on twitter for a number of years, and I was able to earn the following of 13, 500 people. I really enjoy the platform and the interaction I get on it, outside of the death threats, which I’ve received over the years on Twitter, but which Twitter didn’t always deem objectionable, after I reported them. There are at least two individuals who’ve threatened me on Twitter who still have active Twitter accounts.

    I followed Fawstin on Twitter, and I never saw him post anything that could be construed as “hate speech” by a rational, neutral observer. An ex-Muslim, Fawstin was extremely critical of Islam, and it’s hard to believe that he wasn’t suspended merely for being critical of Islam, or for expressing his free speech rights in drawing Mohammed.

    Once again, Twitter appears to be using the fig leaf of “hate speech” to purge conservatives.

    Edited to Add: