What the FBI's proposed reforms leave out

Reason discusses the FBI's FISA reform proposal, along with the FISC's advisor comments. Both of them fall short.

First, the FISC advisor has been heavily criticized for arguing that the FBI did nothing wrong here. His advice to the FICS about reform proposals is critical, suggesting even more reforms and safeguards. That either surprising given his past opinions... or not surprising, given that he wants to preempt criticism while his appointment is under scrutiny. Put simply, he's likely not an honest player and can't be trusted; this play is the opening bid where he tries to claim he's not a Deep State stooge.

Remember when Mueller was described as a paragon of virtue and apolitical competence? Yeah, I'm betting it's like that.

Second problem.
ReasonKris does not defend the FBI's actions surveilling Page in his response, saying bluntly that nobody is disputing that "basic, fundamental, and serious errors" were found in the Page warrant requests. Kris worries that Wray's plan doesn't really account for what procedures will be used with surveillance requests that intersect with political campaigns. And while Kris does support the improvements that Wray has listed, he says the FBI needs to go further. He is calling for better communication between the FBI and Justice Department attorneys, which in this case partly contributed to the information gaps in the warrant applications. Kris also suggests the possibility of having field agents, not just agents working at FBI headquarters, signing onto warrant applications or at least requiring them to attest to the court to the facts that are in the warrant application. Field agents might be more likely to notice an important omission.

Kris also says the court should require that the FBI regularly submit reports on training participation rates and test scores. The court could, in turn, prohibit FBI agents who haven't successfully completed FISA warrant from signing on as declarants; at the very least, the court would know to bring an extra level of skepticism.

After providing a number of similar suggestions, Kris concludes: "The FBI must restore—and the Court should insist it restore—a strong organizational culture of accuracy and completeness."

Everyone involved here -- the FISC and their advisor Kris (above), Wray, IG Horowitz -- are all operating on the premise that the FBI and DOJ were acting honestly. They just screwed up. They "forgot" key facts. They failed to verify. And if they had had just one more training program, they would have known to do the right thing.

That's bullshit.

This was malice. And malice will ignore the rules, no matter what they rules are, except for one thing and one thing only: consequences.

The people who did this need to be jailed.

This entry was published Thu Jan 23 02:58:02 CST 2020 by TriggerFinger and last updated 2020-01-20 04:13:53.0. [Tweet]

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