The Washington Outsider

Carter Page Surveillance Conspiracy: FISC Needs Advocates For FISA Warrant Targets

7/23/2018

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​Thanks to the release of the heavily redacted application to conduct surveillance on former Trump campaign official Carter Page, the American People have a rare look into the review process of FISC.  The Foreign Intelligence Surveillance Court, or FISC, is the secret court that must approve any covert surveillance operations of US intelligence agencies that involve US citizens.  FISC is supposed to operate in accordance with the Foreign Intelligence Surveillance Act, or FISA, but there is little transparency and accountable for this secret court.  While informing targets of the government’s intent to spy on them would defeat the purpose of any surveillance, FISA does not even provide targets with a FISC advocate, who could object to questionable arguments asserted by the government.  Efforts like the 2014 USA Freedom Act have attempted to address national security overreach, yet such reforms have done little to prevent the issuance of questionable warrants nor ease concerns that FISC is little more than a rubber stamp. 
As part of a political effort by the Trump Administration and Congressional Republicans to frame the investigation into Russian efforts to interfere in the 2016 Presidential Election and alleged collusion with the Trump campaign as nothing more than a politically motivated “witch hunt,” the release of the 400 plus page document was destined to be politicized.  Much like the release of the so-called Nunes Memo months earlier, Republicans have seized upon key sections of the warrant request then automatically concluded the FBI violated Page’s civil liberties by acting on politically biased heresy instead of credible intelligence.  Donald Trump, of course, has proclaimed the entire investigation into Russian election hacking and collusion with his campaign null and void.  Many others have, of course, refuted the pro-Trump conclusion.  If an advocate had been part of the FISC proceeding for Carter, “due process” would have been served and this specific debate would not need to take place in pubic nor would the ensuing conspiracy theories be able to distract from the broader issues.  At the very least, the FBI could more readily disarm critics of its investigation.
 
With that in mind, the FISA warrant application does nothing to discredit the investigation into Russian attempts to hack the 2016 US Presidential Election.  The surveillance of Carter was, after all, only an attempt to explore one aspect of how the Russians were attempting to influence both the 2016 Presidential Election and the Trump Administration.  The investigation had begun long before Page survelliance.  Although it is true the FBI relied heavily upon the so-called Steele Dossier, which was paid for by Democrats and was compiled by someone who despised Donald Trump to paint Trump in a negative light, to legally justice its surveillance of Trump officials, Page and other Trump campaign staff member had been regularly linked to Russian contacts.  These meetings, of course, took place in the context of the Ukraine Crisis, which was the driving force behind heavy US Sanctions against Russia.  Moscow obviously wanted a US President more favorable to Russian interest than President Obama’s Secretary of State while Putin wanted access to the next US President in order to facilitate the lifting of sanctions.  Not only does not Russia have a history of interfering in foreign elections and politics, even after the Cold War, the Kremlin-sponsored Internet Research Agency was already being investigated for its political activities.
 
To the common observer, it is obvious the Putin government had a clear motive to gain favor with the next US President.  It is also obvious that the Putin government had a clear modus operandi in terms of election hacking.  Witnessing members of the Trump campaign reach out to Russian contacts and Donald Trump himself making overtures to the Russian government for help to win the 2016 Presidential Election, most people would have to conclude probable cause existed in the case of Carter Page.  The problem is that the FBI included a very weak and indirect legal argument to obtain the FISA warrant, which FISC issued and reissued several times.  When people look at the legal system, they like to think law enforcement, prosecutors, and judges approach legal matters the same way scientists approach scientific inquiry.  They use inductive reasoning to induce a potential conclusion from evidence they have.  Once they gather enough evidence, they then engage in deductive reasoning to deduct unbiased, well-supported conclusions.  In theory, the legal system should work this way, but it does not in practice.
 
Like all people, legal professionals derive most of their conclusions from abductive reasoning, not the deductive reasoning used by objective scientists to solidly justify their findings.  Abductive reasoning is the process by which people make an observation then seek to find the simplest and most likely explanation based on their preconceived notions and past experiences.  It is how most people function on a day to day basis.  It is why pro-Trump supporters are so quick to seize upon the Carter Page warrant application and automatically invalidate the rest of the Russian investigation.  Regrettably, it also is why law enforcement, prosecutors, judges, and juries so frequently accept weakly structured and supported arguments instead of pushing for judgments that actually go beyond a reasonable doubt.  In most courts, the pitfalls of abductive reasoning are somewhat overcome by empowering the accused to confront accusers, question evidence, and counter arguments.  They also tend to include juries, which add alternative perspectives.  While Carter Page may or may not have been a validate FBI target, it is clear FISA still needs reforms, including provisions to ensure advocates on FISC.
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      • On Defunding Political Science Research
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      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
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      • The Case for Personal Responsibility
      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
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      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
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      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
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      • Why Does Terrorism Exist?
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      • Responding to "the Soldier as Sacrficial Victim"
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        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
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        • Recognizing Abuse
      • The Role of Substitution in Decision Making
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      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
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      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
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        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
      • Income inequality: understanding the limitations and psychology of disadvantage
      • Looking at the Future of American Jobs >
        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
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      • Is Technology Threatening Jobs?
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      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
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      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
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      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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