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More FISA Orders Were Denied During President Trump's First Year in Office Than in the Court's 40-Year History (zdnet.com)

In its first year, the Trump administration kept one little-known courtroom in the capital busy. From a report: A secretive Washington DC-based court that oversees the US government's foreign spy programs denied more surveillance orders during President Donald Trump's first year than in the court's 40-year history, according to newly released figures. Annual data published Wednesday by the US Courts shows that the Foreign Intelligence Surveillance (FISA) Court last year denied 26 applications in full, and 50 applications in part. That's compared to 21 orders between when the court was first formed in 1978 and President Barack Obama's final year in office in 2016.

138 of 271 comments (clear)

  1. deep state by john+of+sparta · · Score: 1, Insightful

    there.

    1. Re:deep state by rahvin112 · · Score: 4, Insightful

      Given the FISA court will give a warrant on a french bagel you have to wonder what exactly Trumps new "torture first" group of CIA/NSA spies are asking for warrants on.

    2. Re:deep state by Kaenneth · · Score: 3, Interesting

      Or is it warrants against people connected to Trump, in relation to the Russian collusion case that are getting rejected?

    3. Re:deep state by SharpFang · · Score: 1

      Why, intelligence info useful for the evil Republicans!

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    4. Re:deep state by Keith+Henson · · Score: 1

      I wonder, out of how many of these orders? Thousands?

      --
      End MGM. Get prospective parents of boys to Google: Men do complain
    5. Re:deep state by Citizen+of+Earth · · Score: 1

      The court probably realizes that its ass is in a sling after being exposed as 99.97% rubber-stampers and as election-spying enablers and is now trying to pretend that they are actually doing what they are supposed to do -- scrutinizing requests for abuse.

  2. Fake news, or basically poor editorship? by Nutria · · Score: 5, Insightful

    In its first year, the Trump administration kept one little-known courtroom in the capital busy.

    There's nothing in the story about whether the gov't made more or fewer FISA requests in 2016.

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:Fake news, or basically poor editorship? by Nutria · · Score: 3, Funny

      greater or fewer FISA requests in 2016.

      Good thing you posted AC, because your "fix" is grammatically incorrect.

      --
      "I don't know, therefore Aliens" Wafflebox1
    2. Re:Fake news, or basically poor editorship? by Memnos · · Score: 1

      Umm, well actually, no. My sky is often blue, sometimes obscured by clouds of mostly water. What color is yours?

      --
      I don't trust atoms -- they make up stuff.
    3. Re:Fake news, or basically poor editorship? by Anonymous Coward · · Score: 1

      Well, if you count Trump's tweets as news, then yes because they're all fucking lies. Trump himself generates more fake news than the any other propaganda organization in the history of the planet.

    4. Re:Fake news, or basically poor editorship? by SuperKendall · · Score: 1

      I live under the same sky, but can turn my head to see in all directions instead of just nose turned up.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    5. Re:Fake news, or basically poor editorship? by sexconker · · Score: 1

      Most fake news is about Trump. Most news about Trump is fake news. Most news from Trump comes directly from Trump. Coincidence?

      Hell, I'd go as far as to say ALL news from Trump comes directly from Trump!

    6. Re:Fake news, or basically poor editorship? by sexconker · · Score: 1

      I live under the same sky, but can turn my head to see in all directions instead of just nose turned up.

      What if you're on opposite sides of the planet? The extent that you can be "under" the sky is the extent to which it can be the same sky. The sky above you may be the sky below him. When you're both talking about being under it while standing on a spheroid surrounded by sky, there must be at least 2 distinct skies divided by some great circle. Otherwise you're simply within the one and only sky.

    7. Re:Fake news, or basically poor editorship? by dlkwnt · · Score: 5, Insightful

      I'm not sure what your news diet consists of, but I can only assume by your statement that you were either in a coma during the 2016 season, or you've never used social media.

      I've got a very small number of conservative friends on social media and I could still name at least a dozen fake news websites that were all over the place during that time period. One of them that really stood out to me and is still around is truthfeed.com, which was constantly peddling pro-trump/anti-hillary bullshit on a daily basis.

      Fake News is a very real thing, and it's exactly what it sounds like; websites built to look like a new site, but filled with patently false or distorted stories and little to no transparency about who is running or financing the site. This is/was a real thing, and its dangerous because the average American is so mindnumbingly stupid they would believe this crap and share it online with their equally dumb friends. That's how we got nutjobs believing the Hillary Clinton was running a pedophile ring out of a goddamn pizza shop.

      Then you have Donald Trump step in and start calling ALL news "fake news", thereby co-opting the phrase and completely destroying all meaning it once possessed. I have no idea whether he did that intentionally, or he just bumbled into it like most everything in his life, but the effect is the same, it's become a tactic to de-legitimize professional journalism in favor of bullshit hackery the same way that Fox News vilifies everyone else as "Mainstream Media" when they themselves are absolutely part of that very same media.

    8. Re:Fake news, or basically poor editorship? by serviscope_minor · · Score: 1

      I live under the same sky, but can turn my head to see in all directions instead of just nose turned up.

      That's crap. You've got your nose permanently turned up at teh libruhl SJW. And the turning your head in all directions is so you can turn it away from any facts which disagree with your ideology.

      Have we beatennthe analogy to death yet?

      --
      SJW n. One who posts facts.
    9. Re:Fake news, or basically poor editorship? by dlkwnt · · Score: 1

      How about Zerohedge or the Gateway Pundit? Heard of them? You can't get much more fake than that.

      Fox News blasted the Seth Rich conspiracy nonstop for months, the idea that they "don't do fake crap" is laughable.

    10. Re:Fake news, or basically poor editorship? by ConceptJunkie · · Score: 1

      Why not all three?

      --
      You are in a maze of twisty little passages, all alike.
  3. Comment removed by account_deleted · · Score: 1, Troll

    Comment removed based on user account deletion

  4. Re:Good? by HornWumpus · · Score: 5, Interesting

    It says 'they' are embarrassed by the unreasonable approval rates that were revealed after the election. The judges are _now_ doing their jobs, not rubber stamping.

    Which is good, I guess. Another example of routine corruption that got exposed and derailed by Trump's election.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  5. Re:and...? by dunkindave · · Score: 4, Insightful

    Or were they denied because the standards have changed due to some recently publicized abuses, meaning how many would have been denied if submitted about two years ago?

    All we have are some numbers, and now people will claim conclusions that fit their desired viewpoint.

  6. For those of you not up on any of this by Catbeller · · Score: 1, Interesting

    For those of you not up on any of this, the data is extremely odd as the blockage started at the start of the Trump administration. Trump is under investigation for collusion with a foreign power, bribery by a foreign power, being compromised by a foreign power. Russia, specifically Putin.
    The ongoing investigation is pretty much a slam dunk. Trump has been acting extremely oddly towards Putin; giving public warning of an attack, giving special attention to relieving him of sanctions both active and in legislation, being active in removing the oil-drilling block of Exxon-Mobil that's worth a trillion bucks through Tillerson, the CEO turned Secretary of State.
    If it turns out the FISA application denials are primarily about Russia, we have a serious national security issue. We need to find out how, or if, the President or his people put their hand in this process and why and who the FISA warrants were about. If he's covering for the Russians again, as seems totally in keeping with his behavior, it's one more impeachable offense, if not criminal.

    1. Re:For those of you not up on any of this by Anonymous Coward · · Score: 1, Funny

      Ladies and gentlemen, I present to you; conspiracy theory for the mainstream democrat.

    2. Re:For those of you not up on any of this by HornWumpus · · Score: 3, Insightful

      What a load of bullshit.

      This is about the FISA warrant that was used to spy on Trump's campaign. He was supposed to lose and the facts were never supposed to come out.

      Now that those facts are out, they are embarrassed and a few even realize that it could be turned against them and their pet candidates.

      It's too late, unless someone from Hillary's campaign and the FBI goes to prison for this, every (non-incumbent/appointed successor) candidate's campaign will be spied on.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:For those of you not up on any of this by bobbied · · Score: 2, Insightful

      Shesh... Be carful there with what you accuse the Trump administration of..

      I'd like to point out that MONTHS ago, around the time of Trump's "Wires tapped" Tweet that caused a week of "He's crazy!" reporting, it was alleged that the Obama administration did just this, went to the FISA court to get a political opponent under surveillance. Since then, more evidence has surfaced that indicates that this is actually true. (Remember the dueling "memos" from the house committee? That's what this was all about.)

      So, I agree. Using the secrete FISA courts to get a secret warrant to spy on your political opposition is not good, neither would using such spying for personal or political gain. But I'm afraid that there is ample evidence that it has been going on and heads should roll for abusing the FISA system... Oh, and heads actually ARE rolling.... But you don't want me to discuss all that because the media isn't really covering it.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:For those of you not up on any of this by Anonymous Coward · · Score: 1

      "We need to find out how, or if, the President or his people put their hand in this process and why"

      Why weren't you making this post about oh I don't know, a decade or more ago.

      Or all during the last presidency. Obama admin spied on Trump just the same as anyone else.

      As others have already pointed out, nobody was supposed to win this last election except for a deep state team player (could have been bush or clinton, known players).

      First call for the arrests of people who spied on president elect's, then call for the arrest of Trump if you don't like him that much. Not the other way around.

      The national security issue elephant in the room are all of the loonies who only care about things that would get Trump in trouble or removed from office, and not the fact that 'HOW DID THIS HAPPEN OMGOMG?' could have been fixed by dear Obama, but he didn't do shite either so quit loving him for it.

    5. Re:For those of you not up on any of this by rahvin112 · · Score: 2, Insightful

      Nice hyperbole. A member of Trumps campaign make active overtures to someone in Britain the US security complex believed was a Russian Spy.

      It wouldn't have mattered if they were a vacuum cleaner salesman, I'm willing to bet anyone making such inquiries would immediately get all your conversations spied on with an immediate FISA application. This is how things work, you start taking to people the US government things is an agent of a hostile government those conversations are probably going to be recorded, transcribed and passed on for review.

      Bringing it in like it was simply because Trump was connected is absurd. Want to test it? Start making overtures to Russian spies and see how long it takes them to start recording your conversations.

    6. Re:For those of you not up on any of this by HornWumpus · · Score: 1

      Enjoy the FISA spying on the next D candidate. You are enabling it.

      Unless people go to prison over this, it will be SOP from now on. Candidates will encrypt every form of comms, and it still won't be good enough.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    7. Re:For those of you not up on any of this by Anonymous Coward · · Score: 1

      That was the whole point - they couldn't wire tap Trump directly, so they wiretap his associates. They needed some excuse and found one.

      It is still an abuse of the system, and it was done to influence the election which is illegal. Whether the Clinton campaign knew about it and coordinated it is suspect, but the Democrat machine has many tentacles. Those involved should do hard time.

      Look if you want to turn your head and cough every time Obama, Clinton, or any Democrat makes mince meat of the justice system and intelligence services, go right ahead, but it makes the entire Democrat talking point pure hypocrisy. They are just as abusive and warmongering as the Republicans. Fact.

    8. Re:For those of you not up on any of this by Anonymous Coward · · Score: 1

      Are you not aware that Page was under surveillance for years before the 2016 campaign began because he was believed to be a Russian asset? And that the FISA warrant for monitoring this suspected Russian asset's communications was renewed repeatedly before the 2016 campaign?

      If America's intel agencies are monitoring known Russian spies and suspected assets, and they find themselves repeatedly holding tapes of Trump's people talking to them, there's one giant hell of a problem all right, but it does not lie with America's intel agencies.

    9. Re:For those of you not up on any of this by bongey · · Score: 1

      Trump is NOT under investigation , you really need to lay of the CNN and Huffington Post. The Mueller investigation will eventually in 5-10 years , every single charge will either be dropped or overturned.

    10. Re:For those of you not up on any of this by david_thornley · · Score: 1

      This is about the FISA warrants used to get information about someone who happened to be a member of the Trump campaign. Nunes really tried to say the evidence for the warrants was insufficient, but apparently couldn't come right out and say that, so he made statements that don't actually mean anything and tried to make them work.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re:For those of you not up on any of this by david_thornley · · Score: 1

      Are you saying that people involved in political campaigns should be immune from investigating unrelated activities? The FBI had good reason to want to spy on the guy, and Nunes couldn't deny it, no matter how hard he tried.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    12. Re:For those of you not up on any of this by david_thornley · · Score: 1

      The FBI, which is heavily Republican, went to FISA and asked for a warrant on a person suspected of collusion with the Russians. He was on Trump's team because Trump doesn't consider collusion with Russians a bad thing. Nunes convinced me that this was a legit investigation. He was obviously trying to say it wasn't, but had to dance around and say things that look like they condemned the investigation. Read the memo carefully.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    13. Re:For those of you not up on any of this by bobbied · · Score: 1

      So you admit that the wire tap was put in place but it wasn't Trump (It was Carter Page). Page hasn't been accused of any wrongdoing so far, but the warrant was issued based upon Page's name showing up in the "Steele Dossier" and little else.

      I will remind you that the "Steele Dossier" was basically opposition research, started but abandoned by the Cruz campaign during the primaries, then heavily funded up by the Hillary campaign after the conventions. So the question becomes, how does opposition research from a political source end up being used by the FBI as justification for a FISA warrant? Further, how does such justification fly though the FISA process without so much as a question?

      This was the point of the dueling memos... Face it, the use of this dossier as ANY part of any investigation by the FBI is a problem, then when you consider how it was funded and who got investigated with this being used as evidence, was really bad. It basically turned the FBI into a political player in the 2016 campaign, which makes the US look like a two bit dictatorship with kangaroo courts if it is allowed to continue. The FBI shouldn't be doing things or investigating people based on political documents, regardless of which party is in power.

      James Comey pretty much made the FBI into a political organization. Listen to what he's said about why he did what he did during the election, he was being driven by political events and requests from his political masters and admits to it. He tried to placate the political leaders and drove investigations and his public statements accordingly. Yea, he got put in a bad place by the Clinton/Obama people but he bowed to the pressure they applied. THEN, his folks use the Steele dossier in investigating Trump's campaign (and he admits to knowing about it)? What a holy mess he made, both of the election AND the FBI's reputation...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    14. Re:For those of you not up on any of this by david_thornley · · Score: 1

      There are distinctions here. If there's probable cause, that's enough to issue a warrant, but it's going to require more than that to file criminal charges.

      You don't know what the evidence was. We know the Steele dossier was part of it. Typically, as I understand it, these warrants are not issued with just one source of information, so there was something besides that dossier. The Nunes memo was carefully crafted to avoid actually saying there was anything wrong or improper, and the Democratic response lacked details (which is more appropriate in this case).

      Law enforcement agencies deal with biased information all the time. Biased information can contain facts that can be important. As long as it's presented to the judge as biased, there's no problem. Steele did his research to find dirt on the Republicans. This happens. If there's legitimate (as opposed to fictional) dirt there, it can be acted on. For all I know, the dossier contained the truth and nothing but the truth, but it was clearly not going to be the whole truth.

      Your question about sailing through the FISA court is pertinent. If the FISA judge didn't find the request objectionable, that's evidence that it wasn't, and that you are proceeding from incomplete information.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:For those of you not up on any of this by bobbied · · Score: 1

      IF your probable cause is even partially justified by a politically motivated and funded document and your warrant request involves possible monitoring of the opposing party's candidate/campaign... We have a SERIOUS problem. If for no other reason than it looks really bad and opens the investigation up to being accused of being driven by partisan political motives.

      There may have been probable cause w/o the Steele dossier but who in their right mind would use such a document to justify probable cause, full knowing it's source? This was a seriously stupid move made by the FBI, with the full knowledge of Comey and McCabe, who both are now having issues with telling the truth about all this.

      You do see how this appears right? You do agree that this was a stupid move? What SHOULD have happened is the warrant should have been obtained WITHOUT the source that taints the whole investigation with the charges of being motivated by partisans. The FBI should NEVER use stuff like this, EVER. And the idiots who allowed this at the FBI need to be called on this stupidity...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    16. Re:For those of you not up on any of this by david_thornley · · Score: 1

      Using the Steele dossier is reasonable. Relying on it is not.

      The idea is that a FISA request is supposed to stay secret. The problem here is Republicans publishing selected information for partisan gain. If the warrant application stays secret, nobody knows about what role the Steele dossier played. If it becomes public knowledge, then everybody knows what role it played, and can decide for themselves whether it was used appropriately. As it is, information was leaked to foster one particular viewpoint.

      The lesson is, I suppose, that the FBI needs to stop telling Republicans what's going on.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    17. Re:For those of you not up on any of this by bobbied · · Score: 1

      Using the Steele dossier is reasonable. Relying on it is not.

      Using a politically funded opposition research document in what has been represented as a criminal probe into the OTHER party's candidate is "reasonable"?

      We depart company right there. NOTHING that comes from research funded by ANY political campaign deserves even a glance from the FBI, much less being used in any way to justify search warrants of anybody. Opposition research can say literally ANYTHING about ANYBODY and has zero credibility and thus has zero value in establishing probable cause.

      But in this case, it's even worse. Yes, there where "other sources" for some information. HOWEVER if you look at who these sources where and where they got their information it all traces back to the same place, the dossier and it's precursors. Basically, they took multiple news stories, all reporting the same rumors from the same source (i.e. Steele himself) who was blabbing to the press, in spite of his promise not to as terms of his "service" to the FBI. This whole thing, including the warrant on Page was the result of a whisper campaign FUNDED by the Hillary campaign, a fact the FBI KNEW, yet they went to FISA and got the warrant anyway? You've got to see how this stinks... Put the shoe on the other foot, reverse the political party's activities and you KNOW you'd be coming unglued over this.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    18. Re:For those of you not up on any of this by david_thornley · · Score: 1

      Using a politically funded opposition research document in what has been represented as a criminal probe into the OTHER party's candidate is "reasonable"?

      Yes. Do you have a reason why not? We know it's likely to be unreliable, but law enforcement doesn't just use reliable information. They get information from liars and criminals, after all. The Steele dossier might well have real facts in it. If, say, Steele says something specific and we have corroborating evidence, then Steele might well have gotten that right. Say that the dossier said that X had dinner with Y in Belgrade. By itself, that's unreliable. If another unreliable but unrelated source says the same thing, then that's good evidence to think X likely had dinner with Y in Belgrade. At this point in the investigation, we're not looking for evidence that can be used to convict, but rather evidence that there's probable cause to think X is worth investigating.

      HOWEVER if you look at who these sources where and where they got their information it all traces back to the same place, the dossier and it's precursors.

      Slow down and tell me where you got that. Did you read the warrant application? If not, where did you get it? The Nunes memo describes an article that clearly is from Steele, and hence is not corroboration. It doesn't actually say that article was used as corroboration, and it doesn't actually say that there was nothing else used for corroboration. The Democrat memo wisely didn't get into that level of specifics, but attempted to respect the secrecy of the process. So, where did you get that? There are very few sources of information on this that aren't secret, and none of the non-secret sources say what you claim. Either you literally don't know what you're talking about, or the FBI needs to talk to you about leaking secret information.

      Put the shoe on the other foot, reverse the political party's activities and you KNOW you'd be coming unglued over this.

      Um, why would I be getting unglued? The FBI investigates lots of things, which doesn't mean they find any wrongdoing. You're claiming that the investigative process is invalid, and you don't actually have evidence for that. You aren't showing that the investigation led to any uncalled-for consequences. I don't trust the FBI, but I do need some evidence of wrongdoing before I think they're doing wrong.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:For those of you not up on any of this by bobbied · · Score: 1

      You cannot be serious... You'd let the RNC literally INVENT stuff, pay somebody to put it in a document and hand it to the FBI to be used as material to drive an investigation into the democratic candidate DURING an election cycle?

      You are certifiable.. You don't see how dangerous this kind of thing is?

      The Steele dossier should have never been given to the FBI by the democrats if they wanted to be ethical about this. However the FBI, full knowing where it came from should have NEVER, EVER even looked at it. Accusations from political opponents are NOT evidence of anything. Making up stuff out of whole cloth on the other guy is the mainstay of political campaigns, mind you. Looking at or using such "information" by is a no win scenario for the FBI as a result. Even if the information is true, the investigation will be politically tainted and the FBI seen as a tool of their political masters, not an independent and impartial investigator of truth.

      No, the Steele dossier should have never left Clinton's campaign, much less been used as a driver of an investigation by the FBI...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    20. Re:For those of you not up on any of this by david_thornley · · Score: 1

      I am serious.

      Did the Steele dossier invent everything, or did it contain incriminating facts? Facts are facts regardless of the source.

      Suppose one partisan source says politician X was caught doing illegal things with hamsters. Another different unreliable source says X is no longer allowed in pet stores. There's a bitter complaint from one vet. All of this is biased and untrustworthy, but if they're independent sources saying very roughly the same thing then there's reason to investigate further. That's all this is: reason to investigate further, not reason to file charges, and a FISA warrant shouldn't be made public, so there's not likely to be public consequences of the investigation. Law enforcement does a lot of investigating, and people in the field are used to unreliable information. As Ambrose Bierce pointed out, once a man starts murdering he will proceed to assault, and then to lying and cheating at cards.

      Making up stuff out of whole cloth is not the mainstay of political campaigns (well, unless you're a current Republican, I guess). It's generally better to take actual things and exaggerate and slant them, and make a mountain out of a molehill if necessary.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    21. Re:For those of you not up on any of this by bobbied · · Score: 1

      Then you are crazy.. But democrats generally are. :-)

      So you are just peachy with political campaigns being able to directly feed law enforcement invented stories about their opponents? You cannot see the risks to our political system that come with letting political campaigns have even indirect input into investigations being done by law enforcement? Are you so partisan that you are blinded to the obvious dangers of allowing such things?

      Nobody is that stupid, not even a democrat.

      I'm beginning to conclude you are not serious here but keep responding for another reason...

      The passing of the Steele dossier to the FBI was unethical, that's on the Clinton campaign. Allowing this document to be used in any investigation at the FBI was a stupid move and is on Comey and McCabe. Trying to justify such behavior, that's on you. Shame on you.

      Now if that's how you want the political game played, I'd get ready for some pretty depressing stuff because if your side is fine with this, expect it to be used on you soon and we can legitimately be considered to have a kangaroo court system.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    22. Re:For those of you not up on any of this by david_thornley · · Score: 1

      Then you are crazy..

      I take my meds regularly.

      So you are just peachy with political campaigns being able to directly feed law enforcement invented stories about their opponents?

      Sure. Lots of people tell things to the police. Lots of what the police get is misunderstanding, error, and lies. Sorting it out is their problem. What is important is what law enforcement does with such stories, not what they are or who they're from.

      So, please tell me who should be allowed to say things to law enforcement and who shouldn't. Ask some law enforcement people whether they'll reject information just for being from a biased or unreliable source. Obviously, a political party is a biased and unreliable source on the doings of the opposing party. That doesn't mean that what they say is necessarily false or unfounded. In a case like that, it's the job of the FBI and the FISA courts to evaluate unreliable information.

      Now, if law enforcement were to treat a political party as a reliable source of information, we'd have problems. That's not unique to political parties, though.

      I have no idea why you're calling me partisan. I'm not mentioning parties by name. The Democratic, Republican, Green, Libertarian, Communist, and Pirate parties (among others) should have the right to tell law enforcement things, and law enforcement should evaluate it appropriately (which does not include trusting it).

      Now if that's how you want the political game played, I'd get ready for some pretty depressing stuff because if your side is fine with this, expect it to be used on you soon and we can legitimately be considered to have a kangaroo court system.

      Um, I was arguing that any side could do this. While I definitely have a side, that has nothing to do with my opinion.

      You don't want kangaroo courts, and neither do I. The quality of the court is not dependent on the quality of the evidence. Law enforcement and the court system have to deal with reports from biased and unreliable sources, because frequently that's all that's available. It is how they deal with such reports that matters.

      If we have a biased kangaroo court, the quality of the evidence really doesn't matter. The court will find some way to discredit good evidence and rely on bad when it suits the court's bias. If we don't, the quality of the evidence really doesn't matter, since the court will evaluate evidence based on its source.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. Re:Not worse just different by HornWumpus · · Score: 1

    Better. The judge's are supposed to be skeptical as there is no routine review of these warrants as the cases progress. They were clearly rubber stamping, now they are embarrassed at having approved warrants on presidential candidates staff based on fiction.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  8. Comparison to 2016 by Anonymous Coward · · Score: 5, Informative

    OK, let's do a little research and look at the actual data. We can get all the reports since transparency was mandated in 2015:

    USCourts Report on Foreign Intelligence Surveillance Courts' Activities

    According to FISA's data, in 2016:
    "The FISC disclosed that it received 1,752 applications in 2016. After consideration by the court, 1,378
    orders were granted, 339 orders were modified, 26 orders were denied in part, and 9 applications were
    denied in full."

    Meanwhile, in the latest report, from 2017, during the first year of the Trump administration:
    "The FISC disclosed that it received 1,614 applications in 2017. After consideration by the court, 1,147
    orders were granted, 391 orders were modified, 50 orders were denied in part, and 26 applications
    were denied in full."

    So what does this tell us? Applications for survellience were actually a bit lower, but denials went from .5% of Obama's FBI to 1.5% of Trump's FBI's requests. Does that mean the requests were of lower quality in 2017? The FISA court was feeling a little chastened by all of the publicity of its usual rubber-stamp policy? Or the FISA court is a bunch of liberal cheeto-haters? Hard to say?

    1. Re:Comparison to 2016 by DamnOregonian · · Score: 4, Insightful

      Or does it mean that 24 orders out of 1600+ is nothing bug fucking line noise?

    2. Re:Comparison to 2016 by GrumpySteen · · Score: 1

      Or it could be that the FBI is investigating trump and the FISA court wants to make damn sure they're on solid ground when they approve an order.

    3. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      And why would the FBI need FISA requests to record Trump's communications? The President's communications are always being monitored by the government.

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      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      When the full numbers are shown, it seems more it's a big bag of nothing. Just like the doomsayers proclaim that on December 21, 2012 there would be the end of the world because of sun and Earth alignment, the doomsayers were right about the alignment. However the same doomsayers either fail to mention or didn't know that the alignment they mention happens every December 21st and 2012 was not different than any other year.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Comparison to 2016 by GrumpySteen · · Score: 1

      And why would you think Trump is the only person who would be surveilled? He's not the entire organization that ran his election. In fact,19 people besides Trump have been indicted so far in the course of the investigation. It's not unlikely that some of the information used to indict them was obtained through FISA orders.

    6. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      And why would you think Trump is the only person who would be surveilled? He's not the entire organization that ran his election. In fact,19 people besides Trump have been indicted so far in the course of the investigation. It's not unlikely that some of the information used to indict them was obtained through FISA orders.

      None of which you wrote. You wrote Trump specifically. But to address your point, I bring you the example of Michael Flynn. His downfall was that he failed to disclose communications with a Russian ambassador that were being monitored because ALL communications with a Russian Ambassador are being monitored by the NSA, CIA, etc. For someone asking to be head of the National Security Council, Flynn either disregarded or did not know that.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:Comparison to 2016 by GrumpySteen · · Score: 1

      Stop pretending that I didn't mean the entire investigation. It's a stupid strawman argument that you're using to try and make yourself feel like you were somehow right about wildly misinterpreting what should have been obvious to you. And it's not working. You're just making yourself look worse with every post.

    8. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      Stop pretending that I didn't mean the entire investigation.

      This what you wrote: "Or it could be that the FBI is investigating trump and the FISA court wants to make damn sure they're on solid ground when they approve an order." You clearly did not write anything of the sort so I am to read your mind and figure out what you meant?

      It's a stupid strawman argument that you're using to try and make yourself feel like you were somehow right about wildly misinterpreting what should have been obvious to you. And it's not working. You're just making yourself look worse with every post.

      So basically you're blaming someone else when you did not write clearly. Also I addressed your point. How do you answer the fact that in the case of Flynn, a FISA request was not needed as the Russian Ambassador is always under surveillance? Or are you just unwilling to admit that you are making yourself look bad?

      --
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    9. Re:Comparison to 2016 by GrumpySteen · · Score: 1

      You're the only person it's not clear to. There's only one FBI investigation of Trump going on and it includes Russian interference in the election. Flynn was stumping for Trump and meeting with the Russian Ambassador, so yes, he was caught up in that investigation.

      And I'm now done explaining the blindingly obvious to an idiot who insists on trying to find some technicality to make his arguments right. It's clear you aren't going to stop and you aren't willing to accept that you're making a fool of yourself in public. Have fun continuing the argument by yourself.

    10. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      The other nonsensical point that was brought up was that the Mayans didn't extend their calendar past 2012 therefore 2012 must be the doomsday according to them. The fact that the Mayan civilization didn't survive long enough to extend the calendar might be the more obvious reason why they didn't extend it.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    11. Re:Comparison to 2016 by david_thornley · · Score: 1

      I'm going to be lazy and ask if anyone's done a statistical analysis to see whether the difference between those numbers is statistically significant. I suppose I could figure it out myself, but as I said I'm going to be lazy on this.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    12. Re:Comparison to 2016 by UnknowingFool · · Score: 1

      You're the only person it's not clear to. There's only one FBI investigation of Trump going on and it includes Russian interference in the election. Flynn was stumping for Trump and meeting with the Russian Ambassador, so yes, he was caught up in that investigation.

      My point which you clearly missed or are ignoring is that no FISA request would be required to monitor the Russian ambassador. Therefore, the FBI would not need to be make sure that they are "on solid ground" because the CIA and NSA would have already been monitoring him.

      But let's look at what we know. The FBI is investigating events that happened before and around November 2016. Please tell me why the FBI needs a FISA request to surveillance people for things that have already happened in the past? You do understand FISA requests are for FUTURE surveillance and that these requests do not circumvent the linear nature of time?

      Could the FBI made FISA requests within the last year on the same people: Yes. Could Trump personnel be communicating with Russians in the year 2017? Sure if they were idiots still communicating with the Russians. Would it magically grant the FBI the ability to go back in time to 2016 and get surveillance from the past? No.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  9. Re:Good? by Crashmarik · · Score: 4, Interesting

    Silly Rabbit, The NSA and FISA are tools of the beltway insiders, no way they will let an outsider get his grubby orange hands on them.

  10. For comparison... by Gravis+Zero · · Score: 1

    here's the history of FISA orders.

    FISA info for 2017:
    1614 orders were made
    1147 orders were approved
    391 orders were approved after being modified
    21 orders were rejected

    This is a non-story.

    --
    Anons need not reply. Questions end with a question mark.
  11. Also it makes you wonder by rsilvergun · · Score: 2, Insightful

    is Trump's administration denying more requests a good thing because they're denying bad requests or a bad thing because they're making so many outlandish requests. No real telling since it's a secret court.

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    1. Re: Also it makes you wonder by Anonymous Coward · · Score: 2, Informative

      It's not the administration that is doing the denying.

    2. Re:Also it makes you wonder by swillden · · Score: 5, Insightful

      is Trump's administration denying more requests a good thing because they're denying bad requests or a bad thing because they're making so many outlandish requests. No real telling since it's a secret court.

      Well, only one of the 11 FISA judges has been appointed since Trump took office, and Trump and his administration had no control over the choice -- appointments are made by the Chief Justice of the Supreme Court, with no executive or Congressional oversight, review or even input. Chief Justice Roberts has appointed all 11 of the current FISA judges. So, it's safe to say that the composition of the court hasn't changed with the administration.

      What has changed is the leadership of the DoJ. So it seems clear that what has changed is the nature of the requests -- or possibly the number, but it would require a massive increase in number of requests to cause this change. My money is on the nature of the requests.

      OTOH, the court rejected nine in 2016, the largest number in any year (until 2017). From 1979 to 2015, there were 12 rejections, in 2016 there were nine, in 2017 there were 26. So the change seems to predate Trump, a little.

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    3. Re:Also it makes you wonder by Actually,+I+do+RTFA · · Score: 1, Informative

      So it seems clear that what has changed is the nature of the requests -- or possibly the number, but it would require a massive increase in number of requests to cause this change. My money is on the nature of the requests.

      The number of requests is actually down (but barely.) The rate of rejections tripled.

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    4. Re:Also it makes you wonder by HiThere · · Score: 1

      But the real question is:
      "How many requests were accepted in each year?"

      It would also be useful to have access to the nature of the requests, so one could decide whether or not the request was reasonable. But when even the number of accepted requests isn't shown, that may be unreasonable even for wishing.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Also it makes you wonder by Anonymous Coward · · Score: 3, Insightful

      It might not be the nature of the requests, but the willingness of the court to "work" with this administration (ie. they stopped rubber stamping all requests and started doing their job being one of the powers).
      But since the land of the free has secret courts, secret policies and secret interpretations of them...

    6. Re:Also it makes you wonder by Anonymous Coward · · Score: 1

      to the point that a document bought and paid for by the Hillary campaign, with no corroborating evidence,

      That's a lie propagated by the infowars-fox state propaganda system.

      It takes a special kind of conspiracy nut to think that the republican dominated FBI got approval from the FISA court on which all 11 judges were appointed by the conservative chief justice of the SCOTUS and 7 of the 11 were previously appointed to the bench by republican presidents in order to surveil a republican campaign operative based on flimsy democratic partisan lies.

      In fact, the FISA requirements are that every claim submitted in support of a warrant be backed up with at least a 2nd source. The evidentiary standards for FISA warrants are higher than any other kind of court in the nation. In addition, renewal of a FISA warrant (which is required at intervals no greater than 6 months) requires proof that the warrant has generated actionable intelligence. The fact that Carter Page's FISA warrant was renewed twice is proof that he was up to no good and was caught doing it.

    7. Re:Also it makes you wonder by david_thornley · · Score: 2

      Read the Nunes memo again very carefully. Note exactly what it claims and what it doesn't claim. It says that the Steele report in question was sent to FISA without complete attribution, not that it was presented as an unbiased source. It mentions one specific article that was not corroboration for the Steele report, and doesn't actually claim that there was no corroboration. Nunes appears to have been very careful to not actually say something false, and carefully constructed a network of facts that sure looks like it was designed to obscure the truth.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  12. Re:Not worse just different by DamnOregonian · · Score: 1

    They're clearly still rubber stamping. The numbers should be put into perspective.
    They denied 26 orders... out of 1600, as opposed to the previous years 9 out of 1700.
    I don't think they're embarrassed in the slightest. There are many explanations for increase from .5% denial rate to 1.5% denial rate.... The one I like the most- it doesn't mean dick, period. Everyone's trying to put a political spin on a slightly bigger raindrop falling into Lake Michigan.

  13. Re:This fits the narrative of lefties by youngone · · Score: 3, Informative
    You completely misunderstood the point of the article, and have it back to front:
    This is the FISA court refusing government surveillance orders. The implication is that the current regime is asking for things they shouldn't get.

    Obama refused 21

    21 orders between when the court was first formed in 1978 and President Barack Obama's final year in office in 2016.

    That quote is from TFA, you should read it.

    A secretive Washington DC-based court that oversees the US government's foreign spy programs denied more surveillance orders during President Donald Trump's first year than in the court's 40-year history, according to newly released figures.

    That is also from TFA, first sentence.
    Let's not pretend that secret courts are a good idea however.

  14. Andy McCabe will by trying on orange jumpsuits... by Anonymous Coward · · Score: 2, Insightful

    Yep, the very same Andy McCabe whose wife got almost $1 million from Hillary.

    Did McCabe issue ‘Stand-Down’ order on FBI Clinton Email Investigation?

    Former FBI Deputy Director Andrew McCabe is now facing possible criminal charges for lying under oath about leaks he made to The Wall Street Journal in 2016, in an effort to salvage his reputation and give his account to journalists who were questioning whether he gave a “stand-down” order to FBI agents investigating the Clinton Foundation.

    Multiple former FBI officials, along with a Congressional official, say that while there may have been internal squabbling over the FBI’s investigation into the Clinton Foundation at the time, there was allegedly another “stand-down” order by McCabe regarding the opening of the investigation into Hillary Clinton’s use of her private email for official government business.

    McCabe’s stand-down order regarding Clinton’s private email use happened after The New York Times first reported Hillary Clinton Used Personal Email Account at State Dept., Possibly Breaking Rules in March 2015 and before the official investigation was requested by the Justice Department toward the end of July 2015.

    After The New York Times publication, the FBI Washington Field Office began investigating Clinton’s use of private emails and whether she was using her personal email account to transmit classified information. According to sources, McCabe was overseas when he became aware of the investigation and sent electronic communications voicing his displeasure with the agents.

    “McCabe tried to steer people off the private email investigation and that appears to be obstruction and should be investigated,” said one former FBI official with knowledge of the circumstances surrounding the investigation. ...

    Who among James Comey, Loretta Lynch, and Barack Obama had to be aware of this?

    Given that Obama also sent emails to Hillary's illegal email server, I'm betting it goes right to the top.

    Obama used a pseudonym in emails with Clinton, FBI documents reveal

    President Barack Obama used a pseudonym in email communications with Hillary Clinton and others, according to FBI records made public Friday.

    The disclosure came as the FBI released its second batch of documents from its investigation into Clinton’s private email server during her tenure as secretary of state.

    ...

  15. Re:This fits the narrative of lefties by Anonymous Coward · · Score: 1

    In 2017 (Trump): 26 Denied (1.6%), 50 Denied in Part (3.1%), 1147 Granted (71.1%)
    In 2016 (Obama): 9 Denied (0.5%), 26 Denied in Part (1.5%), 1378 Granted (78.7%)

    http://www.uscourts.gov/sites/default/files/ao_foreign_int_surveillance_court_annual_report_2016_final.pdf

    http://www.uscourts.gov/sites/default/files/ao_foreign_int_surveillance_court_annual_report_2017.pdf

  16. Re:This fits the narrative of lefties by Anubis+IV · · Score: 4, Interesting

    If they say Obama refused 21, and Trump has said fsck off to 26

    You've got the situation reversed. When you're a law enforcement officer dealing with national security and want to request a warrant, you can't go to a normal court to ask for a warrant since it's a sensitive matter, so you instead go to a FISA court to ask for a warrant. The Presidential administration isn't refusing anything: they're the ones making the requests, and it's the FISA court refusing the requests of the intelligence/law enforcement agencies serving under the President.

    Anyway, depending on how you interpret the information, this difference could mean a few different things:
    1) If you assume that the FISA court has up to now been failing at its duty to provide oversight (which is a frequent complaint among many people here), then one interpretation is that the FISA court has finally started performing its duty instead of rubber-stamping everything that crosses their desks.

    2) If you assume that the rejection rate for requests being made under Trump is the same as prior rejection rates, that would mean that agencies under Trump are making SIGNIFICANTLY more requests than agencies serving under previous administrations.

    3) If you assume that the FISA court is behaving impartially and otherwise the same as before, then this difference is evidence that Trump's administration is abusing the system by asking for unwarranted warrants on a regular basis.

    4) If you assume that the FISA court is acting partially, this difference could be evidence that the judges serving on the FISA court are rejecting requests on account of who's the boss of the people making the requests.

    Or it could be some combination of the above or other factors that I've failed to account for here. The fact is, a single data point doesn't really tell us much about what's going on. I'm hoping the FISA court is finally waking up to their duties, but I figure that it's likely a combination of #1, #3, and #4.

  17. Re:Not worse just different by HornWumpus · · Score: 1

    It's not great, but it's better.

    The ideal time to fix this is after the next election. After the Ds have had a candidate's campaign spied on. But the danger is they will lose and the spying will remain hidden, as it would have if Hillary had won.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  18. Re:Andy McCabe will by trying on orange jumpsuits. by greenwow · · Score: 1

    > almost $1 million from Hillary.

    Not true. That money was from Terry McAuliffe the Virginia governor who got it from Hillary, and the part from Hillary was much less than a million dollars. According to Newsweek, and I save the article just to debunk these sort of claims, it was only $675,288. Not evidence that it influenced McCabe has ever been release much less proof that McCabe didn't fully investigate Hillary because of it.

  19. Better stats by leehwtsohg · · Score: 4, Informative

    2010: 1511, 0 rejected
    2011: 1676, 0 rejected
    2012: 1789, 0 rejected
    2013: 1588, 0 rejected
    2014: 1379, 0 rejected
    2015: 1457, 5 rejected
    2016: 1485, 34 rejected
    2017: 1614, 26 rejected

    https://epic.org/privacy/surve...

    1. Re:Better stats by leehwtsohg · · Score: 2

      It could have to do with changed rules under the "USA freedom act" https://en.wikipedia.org/wiki/... , June 2, 2015.
      and in particular, possibly the panel of advisers appointed: https://www.pcworld.com/articl...

    2. Re:Better stats by leehwtsohg · · Score: 1

      Better stats than the linked paper. But you are right - I thought only full rejections were counted, but it seems full or part rejections were, so the number for 2017 should indeed by 76. In any case, it is pretty obvious that 2016,2017 are different from 2010-2014 in the fraction rejected - even if this difference is tiny.

      I used https://www.documentcloud.org/... for the data for 2017.

  20. Simple math by lsllll · · Score: 1

    Citing both numerators without citing both denominators doesn't mean anything.

    --
    Is that a roll of dimes in your pocket or are you happy to see me?
  21. Re:Not worse just different by HornWumpus · · Score: 1

    Those morons surveilled themselves.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  22. Re:What this country needs is... by taustin · · Score: 1

    "Slapping Zoo" is the name of my heavy metal band.

  23. Re:Good? by tlhIngan · · Score: 5, Insightful

    It says 'they' are embarrassed by the unreasonable approval rates that were revealed after the election. The judges are _now_ doing their jobs, not rubber stamping.

    Which is good, I guess. Another example of routine corruption that got exposed and derailed by Trump's election.

    The problem is, it's statistics that don't mean jack squat.

    It COULD mean the administration is doing their job. Or it COULD mean the administration is producing very poor requests that judges are denying because they're stupid.

    And the latter is certainly possible if a certain commander in chief wanted to spy on all his "enemies" and got rejected more times.

    The problem is, we don't know. We can never know because the nature of the courts won't let use determine if the rejections are because the courts are applying more scrutiny, or because the requests are of poorer quality and thus rejected because there is no basis for approving them?

  24. Liberal, here by BankRobberMBA · · Score: 3, Insightful

    So, as a way-out-there social liberal who really dislikes Trump and has said bad things about him (and thought worse things), I feel like I owe it to somebody to say 'well done.'

    The cognitive dissonance in my head right now is making it hard for me to follow the threads in the comments. I really did not see this one coming.

    Just, wow.

    1. Re:Liberal, here by BlueStrat · · Score: 4, Interesting

      So, as a way-out-there social liberal who really dislikes Trump and has said bad things about him (and thought worse things), I feel like I owe it to somebody to say 'well done.'

      The cognitive dissonance in my head right now is making it hard for me to follow the threads in the comments. I really did not see this one coming.

      Just, wow.

      I'm on the conservative/libertarian end across from you. I did not vote for Trump. I think he's an egotistical asshole with no fixed ideological principles of his own to speak of, has no filters between his emotions and his mouth, and doesn't know when it's best to keep said mouth shut.

      I'm almost as stunned as you.

      I admire your honesty, we need more of that.

      If I may, allow me to suggest reading a fantastic book by Jonah Goldberg called "The Suicide Of The West". Absolutely brilliant, no matter where you stand ideologically or politically.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    2. Re:Liberal, here by sexconker · · Score: 2, Insightful

      He also seems to be instrumental in getting progress towards an actual peace treaty between North & South Korea.

      But hey, let's focus on a hooker he may or may not have fucked years ago!

    3. Re: Liberal, here by Anonymous Coward · · Score: 2, Insightful

      Nk is playing the same old song and dance, except they got what they wanted -validation as a nuclear power and got the mighty USA to come and talk with them and acknowledge them.

    4. Re:Liberal, here by Anonymous Coward · · Score: 5, Insightful

      I'm almost as stunned as you.

      What is more likely, a sudden break out of ethics in Trump world or something else?

      I'm guessing it is something else. Here are some possibilities.

      1.) Good people are doing their jobs. It has nothing to do with Trump. Some other event is responsible.
      2.) Trump appointed one or more of those good people. (It is certainly possible. His major criteria is how much they praise him, which doesn't eliminate the possibility of competence.)
      3.) They are being rejected because the requests are now so bat shit crazy that not even FISA will tolerate it.

      Personally, if I was going to bet money, I'd bet on 3. We'd need to see a random sampling of requests then and now to really conclude much...

    5. Re: Liberal, here by greenwow · · Score: 1

      It is the same old song and dance since they previously tricked Bill Clinton.with the Agreed Framework in 1994. Same old song and dance.

    6. Re: Liberal, here by Reverend+Green · · Score: 2

      The disinherited working and lower middle classes voted anyone-but-Clinton.

    7. Re:Liberal, here by Kaenneth · · Score: 2

      Or it's FBI warrants investigating Trump's collusion with the Russians.

    8. Re:Liberal, here by iNaya · · Score: 1

      It's both. But Hitler was after those of the Jewish race.

      --
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    9. Re:Liberal, here by Peter+P+Peters · · Score: 2

      So, as a way-out-there social liberal who really dislikes Trump and has said bad things about him (and thought worse things), I feel like I owe it to somebody to say 'well done.'

      .

      I'm not American, but aren't the Executive branch, Legislative, and Judicial all independent? ie action by one is not necessarily because of the other?
      This always confused me when every single thing gets credited (or blamed) to the President of the day, when the whole idea is that they are supposed to be separate.

    10. Re:Liberal, here by Peter+P+Peters · · Score: 2

      He also seems to be instrumental in getting progress towards an actual peace treaty between North & South Korea.

      What is it exactly that he is doing other than huffing and puffing? And what progress do you think is being made other than political gamesmanship that we've seen numerous times before?

      But hey, let's focus on a hooker he may or may not have fucked years ago!

      The US is a country of 320 Million people. It is possible some people can work on foreign relations, while at the same time some other people can investigate crime.

    11. Re: Liberal, here by Killall+-9+Bash · · Score: 1

      "Pussy". The word is pussy. Grab 'em by the pussy.

      --
      "Prediction: within 10 years, Windows will be a Linux distribution." Me, 7-6-2016
    12. Re:Liberal, here by Anonymous Coward · · Score: 2, Interesting

      You might want to temper that "well done" with a little bit of reality. The statement that more FISA orders were denied in 2017 than in the court's 40 year history is almost certainly false. We don't have any regular data on this for years prior to 2016; the court was not required to release this information, so for most of those years we only know about failed orders where information was released due to some other circumstance (for example, as part of a report about the efficacy of the USA FREEDOM Act, which is why we know about five of the FISA orders that were denied in late 2015). The idea that more FISA orders were denied in 2017 than in the 40 years before that is based on treating the value for any year that we have no data for as 0, which is obviously very dishonest.

      We have no idea if the rate of FISA order denials has changed meaningfully. What we do know is that the government's reporting method changed partway through 2016, leading to us actually having data on the number of denied applications. 2017 is just the first year for which we have the full data.

    13. Re:Liberal, here by pnutjam · · Score: 1

      From the Amazon reviews:
      "The most alarming chapter was when explaining identity politics and tribalism, the author focused solely on the progressive movement. Did not mention his conservative brethren at all. Buyer beware."

      Sounds pretty one sided. Another reviewer mentions that there are few citations and it's mostly the authors "feelings".

    14. Re:Liberal, here by pnutjam · · Score: 1

      Thanks, that's an important distinction. I wonder why it's not more heavily featured in the article...?

    15. Re:Liberal, here by david_thornley · · Score: 1

      Heck, my son got his job because of Trump. Trump scared Infosys into hiring lots of people already legal to work in the US. There's something Trump did that I definitely like. (Finding another is going to be more difficult.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    16. Re:Liberal, here by david_thornley · · Score: 1

      That's the way to bet, but it doesn't always turn out that way.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    17. Re: Liberal, here by david_thornley · · Score: 1

      You don't? Insulting at least half the population worked for Trump.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    18. Re:Liberal, here by david_thornley · · Score: 1

      They're separate, but the President has a good deal of influence over Congress, and the President appoints judges with Senate consent (pretty much a rubber stamp currently,. changing from flat refusals when Obama nominated someone). Most of the short-term stuff coming out of the government is from the Executive Branch.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:Liberal, here by HornWumpus · · Score: 1

      Which is an obvious improvement, much as you don't want to admit it.

      You should worry about what happens after Trump's staff has had time to get their ducks in a row. It took the Clintons time, expect the quality of Trump's team's warrant apps to improve with time.

      Also recognize the FISA judges themselves will have skeletons in their closets. With time they will be compromised. Some are no doubt currently compromised by each side, some by both, and maybe a few 'not yet'.

      The whole thing was a bad idea.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    20. Re: Liberal, here by HornWumpus · · Score: 1

      And if N Korea is finally coming around, it's because Beijing is pulling him around. They're the only ones that can. If Trump did anything, it was when he was in China.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    21. Re:Liberal, here by Peter+P+Peters · · Score: 1

      Ok so I read some more, and this FISA court is run by 11 judges only one of which was appointed under the current POTUS. It's hard to see their judgments have any connection to him positive or negative.

    22. Re:Liberal, here by david_thornley · · Score: 1

      As I understand it, FISA judges are actual judges that are appointed in a nonpartisan process that doesn't involve the executive branch. It's not possible to completely insulate it from politics, but there is an effort made.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    23. Re: Liberal, here by pnutjam · · Score: 1

      Thanks for showing up to shit in the punch bowl, your contribution is appreciated. Next time eat more nuts... or is that cannibalism...

    24. Re:Liberal, here by VisceralLogic · · Score: 1

      He also seems to be instrumental in getting progress towards an actual peace treaty between North & South Korea.

      But hey, let's focus on a hooker he may or may not have fucked years ago!

      It's like Bill Clinton and Monica Lewinsky. Salacious content sells.

      --
      Stop! Dremel time!
    25. Re:Liberal, here by samwichse · · Score: 1

      I know no one will read this comment, posted so long after the article. I just had to come back here and link this news item from today (the future!) though... it's just too poignant...

      https://mobile.reuters.com/art...

      TL;DR NSA phone record collections have tripled since 2016. Making it great again!

  25. ALMOST ALL REQUESTS CONTINUE TO BE APPROVED by Impy+the+Impiuos+Imp · · Score: 1

    Very few are ever denied. In fact, if pressed they don't even have to go to court first and can just spy and get FISA approval later. Sometimes this retroactive request is denied, but you know. Emergencies. This happens to various presidents.

    The running joke is that very few are denied, so this headline is idiotic.

    A better headline might, sadly, be, "As with all other presidents, almost every single FISA request is approved."

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  26. Interesting idea by BankRobberMBA · · Score: 1

    Most of what you suggest would also be a good idea for regular criminal justice procedure. I'd love for Grand Juries to be contested procedures and I don't know why lying on a warrant application still isn't a crime.

    It does kind of raise the question of whether you want to rule out so much evidence though. If you're investigating some international industrial espionage and stumble upon some terror cell getting ready to do something stupid, do you really want to throw out that evidence?

    1. Re:Interesting idea by bobbied · · Score: 1

      For FISA warrants? Yes, you toss the inadvertently found evidence about a US citizen that wasn't specifically being looked for. It is the price of using the secret warrant. This doesn't preclude you from using information on foreign national outside the country to direct an investigation of a US citizen, you just cannot use the FISA obtained information unless you get a warrant for the new crime, which means collecting enough evidence to get the FISA warrant and collecting new information you can use.

      The Grand Jury process is a problem and it's obviously used for political purposes more than it should. However, I don't have a clue how you fix this. I worry about the process where only one side presents evidence and I worry about the ramifications of taking the 5th during such proceedings, where you cannot change your mind about that after you start answering questions. Maybe they should grant immunity to witnesses for anything discussed not related to the crime(s) being investigated? Maybe they should be required to provide exact questions which they can force you to answer, but allow you to refuse any additional questions? I don't know. But I agree, the process is troubled.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  27. I'm a liberal by BankRobberMBA · · Score: 1

    I don't think you have to complain about him not fixing everything to stop loving Obama. He had an American citizen overseas assassinated after determining that he was a terrorist. That's not how that's supposed to work.

  28. Is anyone surprised? by BadTuna · · Score: 1

    This is from the guy that wants a security department that answers only to him. 17 aren't enough.

    --
    Your sig here!
  29. Re:Andy McCabe will by trying on orange jumpsuits. by BlueStrat · · Score: 3, Insightful

    > almost $1 million from Hillary.

    Not true. That money was from Terry McAuliffe the Virginia governor who got it from Hillary, and the part from Hillary was much less than a million dollars. According to Newsweek, and I save the article just to debunk these sort of claims, it was only $675,288. Not evidence that it influenced McCabe has ever been release much less proof that McCabe didn't fully investigate Hillary because of it.

    Oh, well then, no harm, no foul if it was only a measly ~$700,000 from a DNC political apparatchik. Oh, and ~$300,000 from HRC. That's chump-change, not even worth mentioning! I mean, sure, you could probably hire a contract-killer for less, but human life is cheap! There's no way that tiny amount of pocket change could influence somebody being paid those luxurious government wages.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  30. Re:Transcripts? by skids · · Score: 3, Interesting

    if they are already doing this, then the hearing that authorized the Trump campaign surveillance needs to be made available to the appropriate committees.

    Do you actually live in the U.S.? If so, what rock are you living under to have escaped the news of the failed Nunes stunt and not know that that's essentially what happened... or that it is kinda the nature of the FISA court that the presented information would often compromise our or our allies' intelligence assets.

  31. Re:Andy McCabe will by trying on orange jumpsuits. by eaglesrule · · Score: 1

    Not evidence that it influenced McCabe has ever been release much less proof that McCabe didn't fully investigate Hillary because of it.

    He didn't recuse himself for a conflict of interest. He lied multiple times under oath and got fired as per recommended by the OIG. There's the matter of intentionally misleading with "extremely careless" rather than "gross negligence".

    The investigation was a sham, and that will become increasingly clear as information is dragged out of the justice dept. via FOIA lawsuits.

  32. Hard to tell what this means without more info. by dlkwnt · · Score: 1

    Without more context, it's hard to know what to make of this news article.

    A. This could mean that all of a sudden career federal law enforcement and intelligence officers got really sloppy and have been asking for FISA warrants based on flimsy evidence and they're getting rejected by the FISC judges.

    B. This could mean that the FISC judges all of a sudden decided to become MUCH more discriminating about what constitutes a valid warrant request.

    C. This could mean that there's a massive uptick in Americans suspected of acting as foreign agents and the FBI/CIA/NSA is getting sloppy trying to keep up.

    D. This could mean that there's a massive uptick in Americans suspected of acting as foreign agents and the FISC judges are more discriminating for fear of political repercussions.

    E. This could mean "the deep state" has gotten emboldened and is spying on Trump/Russians on a larger scale because they're evil.

    F. This could mean "the deep state" is spying on Trump/Russians on a larger scale because there is active, ongoing collusion taking place because Trump is being blackmailed and betraying America.

    G. This could mean that the Trump Administration is desperately trying to spy on people and getting rejected by the courts.

    Basically, without knowing the what the FISA warrant requests were for there's no way of knowing why they're getting rejected. Could be something, could be nothing. We may never know.

  33. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  34. Re:Good? by Anonymous Coward · · Score: 1

    Not stated in the numbers presented is the total number of FISA warrants requested and issued. There are typically something like 1500 such warrants every year, so rejecting 26 in one year (instead of rejecting a mere handful) means we've shifted from "we approve virtually every warrant" to "we approve almost every warrant".
    (Or, in round numbers, "we reject the most egregious 2% now, where before we rejected close to 0%")

  35. Re:Good? by Anonymous Coward · · Score: 1

    Lots of jobs at the State Dept have gone unfilled, because Trump hasn't nominated anyone to fill them (and Tillerson was in no hurry to, either). The CIA and FBI have both suffered a lot of shakeout since Trump basically declared war on them.

    Maybe some of those jobs involved vetting these requests and making sure the paperwork was in order, and now nobody's doing that, or at least the one guy who really knows how to do it has left and there's no-one with the same knowledge to replace him.

    Just an idea.

  36. Re:Good? by Anonymous Coward · · Score: 3, Insightful

    Lots of jobs at the State Dept have gone unfilled, because Trump hasn't nominated anyone to fill them (and Tillerson was in no hurry to, either). The CIA and FBI have both suffered a lot of shakeout since Trump basically declared war on them.

    Did you see the Comey exchange with Anderson Cooper on CNN? Cooper - super liberal Cooper - busted Comey's chops for being the FBI leaker. It was hilarious to see him try to explain himself. Hell, even the left hated Comey's guts before the election. Now with Comey and McCabe both exposed, not to mention the Strzok/page Trump hate fest, it sure looks like Trump was right on the money.

    I don't know about the CIA specifically, but when DNI James Clapper lied to Congress, it didn't give me the warm fuzzy feelings about any of the secret societies.

    Before you complain about anyone declaring war, maybe consider it was a self defense action.

  37. FBI Ethics Office Cleared McCabe's Conflict by Anonymous Coward · · Score: 1

    Who among James Comey, Loretta Lynch, and Barack Obama had to be aware of this?

    The FBI ethics office. That's right, McCabe voluntarily went to the FBI ethics office and got a ruling on how he should proceed.

    Of course if you are a trumpanzee conspiracy fantasist that's just proof the entire FBI, packed to the gills with republicans, was in the bag for killary because conspiracy fantasies are unfalsifiable.

  38. Re: Transcripts? by Reverend+Green · · Score: 1

    Secret laws, secret courts, tyranny.

  39. Re: Good? by Reverend+Green · · Score: 1

    You tell 'em, Comrade Wang!

  40. The jig is up by Thelaststraw · · Score: 1

    IMHO, the court started being more selective and started rejecting a few more "token cases" when knowledge of them became public. They figure they can reject a few more cases here and there and push the news to the media,"Look, we're improving." All the while, no real progress has been made.

    --
    Nothing to see here, move along please.
  41. Re: Good? by Ian+A.+Shill · · Score: 1

    Please,if you would be so kind. Draw us a map of some kind that explains the path from "apparently", through "obviously", to arrive comfy and cozy at "obviously".

    --
    For hire.
  42. Re: Good? by Ian+A.+Shill · · Score: 2

    Oh wait! Start at "allegedly".

    --
    For hire.
  43. Re:Good? by frazamatazzle · · Score: 3, Insightful

    That is so cool. How exactly did Trump get the Freedom Act passed in 2015? Please do tell because I would love to hear more about Trump's time travelling skills!

  44. Protip by tacokill · · Score: 1

    It's been fake news for a long time. I think you forgot how fake news started: It started by the large media providers (NY Times, CBS, NBC, CNN, Fox, etc) calling out the sites you mentioned as fake news. The only problem is that the spotlight accidentally shined upon them as well. All of a sudden it became obvious that something way more sinister was amiss than normal journalistic "bias".

    1. Re:Protip by dlkwnt · · Score: 1

      What on earth are you talking about?

    2. Re:Protip by david_thornley · · Score: 2

      Fake news is pretty old. What's new is the fake news websites. The difference between fake news and the New York Times is that the Times works for accuracy and retracts inaccuracies. Fake news works more like propaganda as described in Mein Kampf.

      If a fact is reported in the NYT, it's very likely accurate. That doesn't apply to fake news, which will make up all sorts of things.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  45. Re:Andy McCabe will by trying on orange jumpsuits. by DRJlaw · · Score: 1

    > almost $1 million from Hillary.

    Not true. That money was from Terry McAuliffe the Virginia governor who got it from Hillary, and the part from Hillary was much less than a million dollars. According to Newsweek, and I save the article just to debunk these sort of claims, it was only $675,288. Not evidence that it influenced McCabe has ever been release much less proof that McCabe didn't fully investigate Hillary because of it.

    Oh, well then, no harm, no foul if it was only a measly ~$700,000 from a DNC political apparatchik. Oh, and ~$300,000 from HRC. That's chump-change, not even worth mentioning! I mean, sure, you could probably hire a contract-killer for less, but human life is cheap! There's no way that tiny amount of pocket change could influence somebody being paid those luxurious government wages.

    Strat

    So your position is that money received indirectly from politically motivated persons by relatives of government employees is a corrupting influence?

    Gotcha. I now completely understand how the fact that Trump has delegated "management" of his businesses to his sons, the fact that prices for memberships or services in those businesses have drastically inreased, and the fact that politically motivated persons are flocking to them, means that there is no way that those tiny amounts of pocket change could influence him.

    Oh, and he also just happens to have retained ownership of those businesses... but it's OK because he's rich and therefore above being influenced by money.

  46. Re:and...? by david_thornley · · Score: 1

    I've seen no good evidence of recently publicized abuses. I've seen people strongly implying that there were such abuses, but not actually supplying any support for such a claim.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  47. Re:Not worse just different by david_thornley · · Score: 1

    Exactly what would those warrants be? Warrants can be issued on the basis of unreliable information. It isn't a problem as long as the information is noted as from an unreliable or partisan source, which is something Nunes obviously wanted to deny (in the case of the Steele report) but couldn't.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  48. Re: Good? by HornWumpus · · Score: 1

    'The FISA courts issued a warrant for a Trump associate during the election, based largely on an unconfirmed report paid for by the Clinton campaign.'

    That's just a fact on the record. The only thing they can claim is 'they had other allegations' on the record. Duh, everybody commits 3 felonies per day, that's old news.

    We also have incomplete chat logs between corrupt feds conspiring on a setup, obviously angling for Justice Department Appointments in the inevitable Clinton admin.

    Take off you partisan hat and consider how you would react if the roles were reversed. Because expect it, next presidential election cycle. D candidate better invest in real crypto, hire ex NSA and Mossad to run IT and campaign comms. Constantly 'test fish' the necessary idiots, have real consequences. Reimage devices 4 times daily.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  49. Really poor article by AutodidactLabrat · · Score: 1

    Did not cite rejection rate comparisons, number of applications per day, number of persons cited, claims before the court.
    Best answer, no one is allowed to know
    Most reasonable answer, tRump and co have demanded more FISA on spurious grounds than prior administrations

  50. Re:Good? by dgatwood · · Score: 1

    It says 'they' are embarrassed by the unreasonable approval rates that were revealed after the election. The judges are _now_ doing their jobs, not rubber stamping.

    Or it says that the quality of the requests is significantly lower, or that the rate of requests is significantly higher, or both.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  51. Re:Not worse just different by HornWumpus · · Score: 1

    Information that came from the opposition candidate isn't 'credible'. It's beyond unreliable.

    Enjoy it when the next D candidate is FISA surveilled and incomplete, unverified, uncredible information is leaked during the campaign.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  52. Re:What this country needs is... by ConceptJunkie · · Score: 1

    You know, I was really starting to think I should just block ACs, but this comment brightened up my day.

    --
    You are in a maze of twisty little passages, all alike.