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Blockbusters Buried In The IG Report On FBI Misuse Of Confidential Sources


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Last week, the leaks began in anticipation of the expected early-December release of the inspector general report on the propriety of the Carter Page Foreign Intelligence Surveillance Act (FISA) surveillance order. CNN broke news on Thursday that “a former FBI lawyer is under criminal investigation after allegedly altering a document” related to the 2016 FISA applications.

The press and public are understandably consumed with this news—which is huge if true—but while speculating on that forthcoming report, the media has ignored several significant revelations already detailed in the report Inspector General Michael Horowitz released last week.

That report, issued on Tuesday, summarized the results of the inspector general’s audit of the Federal Bureau of Investigation’s Confidential Human Source (CHS) validation processes. While the media reported the main takeaways summarized in the IG’s press release—that the FBI did not comply with attorney general guidelines and that the current process for validating these sources lacked adequate controls—there were four potential blockbusters buried in the 63-page report.

Burying Evidence to Keep It from the Courts

The most startling revelation in the audit concerned how the FBI handles problems with a CHS’s credibility or accuracy. The report first noted that “validation documents relevant to the credibility of a CHS may be discoverable in judicial proceedings,” explaining that:

Discovery in criminal cases is controlled by case law and the Federal Rules of Criminal Procedure. For example, information in the validation report which refers to the CHS’s motivation or vulnerabilities may be discoverable pursuant to Brady v. Maryland, 373 U.S. 83 (1963) or Giglio v. United States, 405 U.S. 150 (1972). ‘Brady’ refers to information known to the government that is material to a criminal case and could tend to exculpate the defendant. ‘Giglio’ refers to information that could be used to impeach a witness for the prosecution.:snip:

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Long-awaited report on FISA abuse from IG could scramble Dems’ impeachment plans

Justice Department Inspector General Michael Horowitz plans to drop his long-awaited report on FBI surveillance during the 2016 campaign just as House Democrats are moving toward likely articles of impeachment.

For allies of President Trump, the timing could be perfect.

No matter how the Foreign Intelligence Surveillance Act review judges the actions of law enforcement with regard to Trump campaign associate surveillance, the report will give Trump the opportunity to shift focus once more to the Russia "witch hunt" -- and, as he has before, attempt to link that to Democrats' escalating impeachment inquiry over his dealings with Ukraine.

 

What they have coming out is historic,” Trump himself teased last week, in an interview with "Fox & Friends."

Previewing his rhetorical line of attack, he said: “This was spying on my campaign. ... This was an overthrow attempt at the presidency.”

As he's already telegraphing, Trump is poised to argue anew that he has been the victim of unfair investigations since he was a candidate for president -- and allies say he'll be able to hammer home those claims, at a time when he'll need to keep any wavering Republicans by his side should impeachment head to the Senate for trial.

Horowitz has been investigating alleged FISA abuses related to the Justice Department and FBI's surveillance of Trump associates during the 2016 campaign for more than a year and a half. The report, which is said to have few redactions, is expected to be made public on Dec. 9.

 

:snip:

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