Ed Morrissey at Hot Air is reporting today that there have been some small steps taken by the Foreign Intelligence Surveillance (FISA) Court to insure that the civil rights of Americans will not be violated as they were in the case of Carter Page.
The article reports:
Substantively, it might not seem like much, but symbolically, this order will sting the FBI and Department of Justice. The Foreign Intelligence Surveillance Court effectively barred any agents involved in the Carter Page FISA warrants from taking part in its proceedings as a consequence of the misconduct that took place in Operation Crossfire Hurricane. Also, the court will now require agents and attorneys to swear under oath explicitly that they have included all potentially exculpatory evidence in their presentations:
A secretive federal court on Wednesday effectively barred F.B.I. officials involved in the wiretapping of a former Trump campaign adviser from appearing before it in other cases at least temporarily, the latest fallout from an internal inquiry into the bureau’s surveillance of the aide.
A 19-page opinion and order by James E. Boasberg, the chief judge of the Foreign Intelligence Surveillance Court, also largely accepted changes the F.B.I. has said it will make to its process for seeking national-security wiretaps following a damning inspector general report about errors and omissions in applications to monitor the adviser, Carter Page.
But Judge Boasberg ordered law enforcement officials to specifically swear in future cases that the applications to the court contain “all information that might reasonably call into question the accuracy of the information or the reasonableness of any F.B.I. assessment in the application, or otherwise raise doubts about the requested findings.”
…The banishment of Crossfire Hurricane figures is almost certainly meant to be embarrassing, but that’s about as much teeth as FISC has in this situation. As the New York Times’ Charlie Savage points out, the court has limited authority to deal with FBI misconduct. It has no oversight over the Department of Justice at all, which is an executive-branch agency. Presumably the court’s rotating judges had already adopted a more skeptical approach to more recent surveillance warrant applications after reading the Michael Horowitz report, but unless Congress changes the FISA law, courts are still required to follow it.
Speaking of which, the law is due to expire, and Donald Trump has already declared he won’t sign an extension without significant changes. Given what happened in Crossfire Hurricane, few would be surprised to know that, of course:
Unless it it renewed, FISA sunsets on March 15th. There are recommendations on the table to reform the law. President Trump has stated that he will not sign an extension of the law without reforms. Considering how the law was illegally used against him and his campaign, I think that is a very reasonable approach.