Carter Page is Due Big Money, Manafort May Get Relief

The FISA Court released a few days ago a ruling that at least 2 (the last 2) of the 4 secret surveillance applications against Carter Page were in valid. The first 2 applications are under review and may see the same ruling.

So, former FBI Director James Comey and Deputy Director Andrew McCabe are for sure on the legal hot seat as is Dana Boente. At the Department of Justice, at the time Rod Rosenstein had the final signature relying on the lower level FBI certifications of validations.
Carter Page has an excellent case now against the government for violations by the government for illegal search/surveillance/wire-tap(s) warrants and based on the timing, now in-prison Paul Manafort may have a case against the government as well. The Manafort case is not yet resolved based on timelines and use by the Mueller investigation.

This places more layers to the operatives in government perhaps as directed by the Democrat Party to use government power and people for explosive political missions. A new plateau of government collusion it seems.

The timing of this release appears to have some purpose and will affect the impeachment trial in the Senate where the Trump defense team may just use this information to their advantage and the House impeachment managers (Schiff/Nadler) and Speaker Pelosi will be working overtime to draft a twisted defense response.

Image result for fisa court carter page photo source/Forbes

Federalist: Authority granted to the federal government to secretly wiretap and spy on former Trump affiliate Carter Page was “not valid,” the nation’s top spy court noted in a secret ruling penned earlier this month. The order from the Foreign Intelligence Surveillance Court (FISC), which was created and authorized by the Foreign Intelligence Surveillance Act (FISA), was initially signed and issued on January 7, 2020, but was not declassified and released until Thursday afternoon.

Judge James Boasberg, the current federal judge presiding over the FISA court, wrote in his order that at least two of the four FISA applications against Carter Page were unlawfully authorized. Additionally, according his order, the Department of Justice similarly concluded following the release of a sprawling investigate report on the matter by the agency’s inspector general that the government did not have probable cause that Page was acting as an agent of a foreign power. The FISA law states that American citizens cannot be secretly spied on by the U.S. government absent probable cause, based on valid evidence, that an American is unlawfully acting as a foreign agent.

“DOJ assesses that with respect to the applications in Docket Numbers 17-375 and 17-679, ‘if not earlier, there was insufficient predication to establish probable cause to believe that [Carter] Page was acting as an agent of a foreign power,’” Boasberg wrote, referring to the final two of the four FISA applications to spy on Page. “The Court understands the government to have concluded, in view of the material misstatements and omissions, that the Court’s authorizations in Docket Numbers 17-375 and 17-679 were not valid.”

Boasberg’s ruling noted that DOJ had not yet taken a position on the lawfulness of the first two applications against Page, but was currently collecting information to assess whether those two spy applications were also invalid. The invalid applications specified by Boasberg were dated April 7 and June 29 of 2017. The false and invalid April 7 application was personally signed by James Comey, while the false and invalid June 29 application was signed by Andrew McCabe. Both men were referred for criminal prosecution by the inspector general. Former deputy attorney general Rod Rosenstein, who is alleged to have offered to wear a wire against President Donald Trump, also signed off on the false June 29 FISA warrant against Page.

The FISA court order also noted that it is a federal crime for any federal official to “intentionally…disclose[] or use[] information obtained under color of law by electronic surveillance, knowing or having any reason to know that the information was obtained through electronic surveillance not authorized” by law. The following sentence of Boasberg’s ruling is redacted, raising questions about whether the government used any information obtained pursuant to the now-invalid Page surveillance warrants in other cases.

The final warrant against Page overlapped with former special counsel Robert Mueller’s investigation of Russian interference in the 2016 election. The final three-month authorization to spy on Page was signed nearly six weeks after Mueller was appointed, meaning that Mueller may have had real-time access to and utilized nearly five months worth of surveillance of Page during the course of Mueller’s investigation. If his office used any of the information in subsequent cases, the declaration that the final two spy warrants against Page were invalid could potentially nullify previous or future convictions sought by Mueller’s office.

Surveillance under FISA is not limited to the individual targeted, as the government also surveils individuals with whom the target communicates, and individuals with whom those individuals communicate. That process is called the “two-hop” rule and allows the government to spy on and collect information and communications from individuals who are two degrees separated from the actual surveillance target. Therefore, even if Page never personally spoke to Trump on the phone, the government could still eavesdrop on Trump’s conversations if Page spoke to someone who had spoken to or electronically communicated with the president. It is not known whether the government used the two-hop process on Page to sweep up information from former Trump campaign manager Paul Manafort, former White House National Security Adviser Michael Flynn, or even the president himself.

In his January 7 order, Boasberg directed DOJ to retain and sequester all information and evidence relevant to both the Carter Page applications, the inspector general investigation of FISA abuse, and any additional DOJ investigations related to or spawned by the inspector general’s report. Boasberg told DOJ to provide all of the required information to the FISA court no later than January 28.

Day 1 of Impeachment Trial in the Senate

After many hours, more than 12, the day was over. A long slog it was with summaries presented on each of Senator Schumer’s amendments to the rules. There was only one Republican defection vote on one amendment by Susan Collins of Maine. Even Lisa Murkowski of Alaska and Mitt Romney of Utah stayed the course with the Republicans with all the votes they cast.

The historic impeachment proceedings against Trump begin ...
Perhaps the reason for full party line votes are as a result of the letter sent to the Senate by 21 State Attorneys General found here. It is a great read even for those on the Democrat/liberal side of the ledger and have already made up their minds to remove Donald Trump from the presidency.

State AG letter to Senate o… by Fox News on Scribd


The House impeachment articles managers/team, led by Congressman Adam Schiff and Gerald Nadler filled the 12 hours with repeated emotional and passionate summaries full of twisted and selectively chosen assertions while negating full truths and context. President Trump’s team did not sway from the initial briefing they filed and made their positions short and cogent on each amendment.
For the most part the day was filled with lawyers of all distinctions warring with each other and the polarization of the Federal government was on full display to only stay with our nation for many years to come.

Adam Schiff introduced Lev Parnas several times in his intense statements when Parnas was not part of the House impeachment inquiry at all. That bit of scandal came after the House voted on the final resolution to impeach. While I am not a lawyer, one must question if that was even a lawful introduction in the first place.

Lev Parnas is a turncoat political opportunist and likely a plant infecting U.S. politics for reasons still being uncovered. Parnas has been injecting himself relationships both in Ukraine and the United States by ingratiating his cunning tactics with people such as Rudy Giuliani, John Solomon, Victoria Toensing, Joe DiGenova, Trump family members and even Yuri Lutsenko, the former Ukrainian prosecutor general. Presently, Parnas and his business partner, Igor Fruman and two others have been charged with conspiring to violate straw and foreign donor bans by the Southern District of New York.

Going forward, the argument to watch for is the matter of ‘executive privilege’. All presidents have this privilege to protect interactions and conversations that involve matters of national security and diplomatic architecture. In a matter of criminal action, privilege cannot be asserted, yet that was in fact the case in the previous scandal of Fast and Furious when President Obama gave AG Eric Holder privilege protection and he was found in contempt of Congress for that. Moving on however…

The embedded message the impeachment managers will continue to use in their summaries will be “corrupt motives”. A president is responsible for foreign policy and is the top steward/protector of taxpayer money, not government money as to where it goes and how it is spent. One question that is not asked and should be is when Congress appropriated and approved the military aid for Ukraine in the NDAA legislation, was there a clause to fully document the status of previous military aid and to make designations of caution and sanction to Ukraine if the equipment and money did not reach or be applied for the intended use. That answer is no. The Congress relied on the Department of Defense to make a statement, which it did but only to declare that the Ukraine military had taken reform steps to address corruption, that is not a certification.

Carry on good and well informed voters.

 

Rosenstein Authorized Release of Strzok-Page Texts

Former Deputy Attorney General Rod Rosenstein acknowledged in a court filing Friday that he authorized the release of text messages between FBI officials Peter Strzok and Lisa Page to media outlets.

Image result for strzok text messages source

Rosenstein said in a declaration filed in response to a lawsuit Strzok has pending against the Justice Department and FBI that he authorized releasing the text messages to media outlets Dec. 12, 2017, the eve of his testimony before the House Judiciary Committee.

“The disclosure obviously would adversely affect public confidence in the FBI, but providing the most egregious messages in one package would avoid the additional harm of prolonged selective disclosures and minimize the appearance of the Department concealing information that was embarrassing to the FBI,” said Rosenstein, who left the Justice Department in May 2019.

Strzok, the former deputy chief of the FBI’s counterintelligence division, sued the Justice Department and FBI on Aug. 6, 2019, for unlawful termination, infringement of due process, and violations of the Privacy Act. He said he consulted with the Justice Department’s Office of Legal Affairs, which determined that there was no legal basis preventing the release of the messages, and the authorized the Justice Department’s Office of Public Affairs to provide 375 messages to a group of media outlets.

Rosenstein asserted that Strzok and Page’s privacy interests were not violated by releasing the messages because they “were sent on government phones with the knowledge that they were subject to review by FBI” and because they “were so inappropriate and intertwined with their FBI work that they raised concerns about political bias influencing official duties.”

*** Image result for strzok text messages source

The Justice Department argued that Rosenstein did his due diligence by having his aides consult with the DOJ’s top privacy official Peter Winn on the release of the text messages, and cannot be held responsible for violating the Privacy Act because there was no willful intent.

“Even if [the] Plaintiff could show that the disclosure was somehow inconsistent with the Privacy Act — the Department did not intentionally or willfully violate the statute,” the court filings read. Strzok and Page, who were both members of former Special Counsel Robert Mueller’s Russia investigation team, were caught exchanging messages that were disparaging of President Trump and highly partisan in nature throughout 2016.

Page, who eventually resigned from the Bureau, sued the DOJ last month over the release of the text messages, claiming it violated the Federal Privacy Act. She said she has suffered numerous damages including therapy costs and “permanent loss of earning capacity due to reputational damage.”

Image result for strzok text messages

Strzok also sued the DOJ last month, claiming his First Amendment Rights had been violated. He is seeking reinstatement on the basis that his firing was unconstitutional. Rosenstein’s declaration was part of the government’s defense in Strzok’s lawsuit.

Rosenstein resigned from his post with the DOJ in April and is now with a corporate law firm in Washington, D.C.

Russia Hacked Burisma Per Area 1

Someone alert Tucker Carlson that Russia is still inside our political system.

Just reported by a California based company called Area 1 it began when the whole Burisma scandal broke last Fall during the impeachment hearings.

Image result for burisma

WSJ/Volz:

Hackers believed to be affiliated with Russia’s military breached the Ukrainian gas company where former Vice President Joe Biden’s son had served on the board as it became a focus of the impeachment inquiry into President Trump, according to a U.S. cybersecurity firm.

Attempts to hack into Burisma Holdings began last November, as Congress was holding hearings into whether Mr. Trump abused his office by pressuring his Ukrainian counterpart to work with his personal lawyer, Rudy Giuliani, to investigate Mr. Biden and his son, Hunter according to research published Monday by Area 1, a California based company.

The hacking attempts are ongoing and are linked to the Russian military intelligence unit previously known as the GRU, which hacked and leaked Democratic emails during the 2016 presidential election, Area 1 said.

The Russia Embassy in Washington didn’t immediately respond to a request for comment. They have historically denied hacking into U.S. elections.

It wasn’t known what information the hackers were seeking or what they obtained, the firm said. In at least one instance, the hackers tricked the recipient of a phishing email into sharing login credentials that allowed them access into on the Burisma’s servers, the company said. Area 1’s findings were earlier reported by the New York Times.

Messrs. Trump and Giuliani have argued without evidence, that Mr. Biden’s anti-corruption push in Ukraine was designed to head off any investigation of Burisma. Both Bidens have denied wrongdoing and said they never discussed business in Ukraine.

Area 1’s documentation is found here.

In part from the preface of the report:

Like all phishing campaigns, we observe the GRU was successful because they found ways to appear authentic to their targets, rather than using any technical sophistication. Everything about their approach is technically unremarkable, yet highly effective. In this campaign the GRU combines several different authenticity techniques to achieve success: Domain-based authenticityBusiness process and application authenticityPartner and supply chain authenticityA key aspect of cyberattack preemption is having a deep understanding of cyber actor patterns and continually discovering and deconstructing campaigns to anticipate future ones. Our report is not noteworthy because we identify the GRU launching a phishing campaign, nor is the targeting of a Ukrainian company particularly novel. It is significant because Burisma Holdings is publically entangled in U.S. foreign and domestic politics. The timing of the GRU’s campaign in relation to the 2020 U.S. elections raises the spectre that this is an early warning of what we have anticipated since the successful cyberattacks undertaken during the 2016 U.S. elections.

Area 1 Security has correlated this campaign against Burisma Holdings with specific tactics, techniques, and procedures (TTPs) used exclusively by the GRU in phishing for credentials. Repeatedly, the GRU uses Ititch, NameSilo, and NameCheap for domain registration; MivoCloud and M247 as Internet Service Providers; Yandex for MX record assignment; and a consistent pattern of lookalike domains.

Special counsel Robert Mueller indicted seven officers with the G.R.U in 2018.

 

Pelosi Says ‘no war’ but What About the Gerasimov Doctrine?

The 800 lb. gorilla in the room, meaning in Congress is the 2002 AUMF, Authorization for Military Force. That was 18+ years ago and since that time warfare has changed. No longer will we see convention forces take the battlefield that looks that of Ramadi, North Korea or driving the Taliban from power in Afghanistan.

Modern warfare is best described today by the doctrine developed by Russian General Valery Gerasimov. This site has published several items on Gerasimov in recent years where in summary his military paper lays out theories of modern warfare and the new rules. The strategies include politics, cyber, media, leaks, space, fake news, conventional, asymmetric a tactics of extortion and influence.
The United States does not want war but bad guys do and they often get it.
As long as the United States responds and remains defensive on all fronts, we are in a forever war and the bad guys multiply.

The adversaries of our nation watch us more than we watch ourselves, there are divisions, departments, teams, units and various skill sets that are assigned and dedicated to all things United States all to pinpoint our weaknesses and fractures in our systems. They DO find them.
When third in the line of succession to the presidency, Speaker Nancy Pelosi calls President Trump and ‘insecure imposter’ and an ‘assassin’, it becomes one of many jumping off points for our adversaries to exploit. When the media calls Trump a liar, members of Congress use racist, unfit and unstable, the enemy takes delight.

So, taking out General Soleimani was long overdue and as for bad guys multiplying?

Source IISS report

Enter the cyber trolls, the deep fakes, the false news stories, hacks, ransomware, espionage, theft, plants, drones, terrorists embedded with migrants, illicit transfer of goods including weapons, money and people generated by rogue nations.

So, while there is little debate about the AUMF, there is a past due need to update and define all lanes of modern warfare and for a full new unanimous vote on military force which does now include cyber and space.
When Speaker Pelosi announced last week ‘NO WAR’ and the House passed a non-binding resolution to limit President Trump’s war powers against Iran, you can bet Russia was listening as were North Korea, Syria, China and even Iran.

This is a pre-911 mentality regarding foreign policy, United States doctrine and national security. Such was the case several days ago when Iran launched their cyber operation to begin brute force attacks against several targets inside the United States. The Department of Homeland Security’s CISA division (Cybersecurity and Infrastructure Security Agency) sent out several advanced warnings nationally for state and local governments as well as private business and corporations to be on the ready and harden systems with robust firewalls. They are asked for information regarding intrusions and attacks, Well, Texas Governor Abbot did respond. A few Texas state systems were the victims of of brute force cyber hits. The extent of that action appears to be rather minimal but no computer system network ever wants to reveal the damage such that it would or could invite more resulting in more ransomware.

Noted in the Gerasimov Doctrine, hard and soft power across many domains, past and over any boundaries, Russia collaborating with China, Iran and North Korea counter-balance conventional warfare with hybrid tactics and it is cheaper and often missed by experts and media until the real damage is noted.

Congress has held many hearings on what is an act of war against the United States and yet, here we are with a tired and outdated AUMF that does not address gray zone operations. Just ask Ukraine, East Europe and Crimea how Russia was successful in applying hybrid warfare tactics. Maybe we should just rename the Gerasimov Doctrine civilian military operations, perhaps the Democrats and Pelosi would better understand the burdens of the Commander in Chief and that of the Secretary of Defense along with the intelligence agencies. It is an ugly world.