FISA

Yesterday, I wrote about the revelations with which Tulsi Gabbard, Donald Trump’s Director of National Intelligence, electrified the world.  We had all grown up chewing on the Russia Collusion Delusion, and most of us were happy to have that political enormity pass through the usual emunctory processes and be deposited in some far off midden or compost heap.   But Tulsi showed that, however expert we thought ourselves about the subject, that great precautionary motto – "things are always worse than they seem”– was pertinent even here.

This week’s Durham report is as close as we’ll get in our lifetimes to proof that the Deep State, working in concert with the mainstream media, exists.  The final 306-page report was written by former US attorney John Durham, who was chosen in the aftermath of the Mueller report to examine the FBI probe known as “Operation Crossfire Hurricane.” Durham in this final report provides the only comprehensive review of what came to be called “Russiagate” and shows how close our democracy came to failing at the hands of the Deep State.  We now know the FBI took disinformation produced by the Russians and used that to justify spying on the Trump campaign.

You've been warned: a fight over the government’s ability to spy on its own citizens is coming to Congress. Section 702 is up for renewal again in December. Section 702 grew out of an illegal post-9/11 program called Stellarwind, exposed by NSA whistleblower Tom Drake. It refers to a provision of the Foreign Intelligence Surveillance Act (FISA) that was enacted in 2008. It authorizes the government to collect the communications of non-Americans located outside of the United States for the purpose of obtaining foreign intelligence information. But the program also allows for the incidental collection of information about Americans who may be communicating with the targeted foreigners.

We hear lots of chatter about the possible appointment of a Special Counsel to investigate how the Obama administration may have abused the Foreign Intelligence Surveillance Act (FISA). Yet little has been said about the secret court system itself and how easy it is for corrupt government officials to spy on Americans. A court system which works on closed proceedings, classified decisions and only a government attorney present, is ripe for just the sort of misuse that’s alleged to have occurred in the Russia investigation.