It’s always great to receive letters from readers who have real-world experience to share, even when it means my commentary has put me in the “hot seat.” In this case, my comments about ranking Republican on the House Intelligence Committee Devin Nunes sparked a reply by someone with a background in law enforcement, specifically, obtaining search warrants.

From David:

I totally disagree with you and Nunes. There are existing laws that were blatantly broken by personnel in the FBI and the Justice Department. Why don't we enforce existing laws instead of creating new laws that obviously will not be enforced?

I am a retired law enforcement officer who was involved with the creation of numerous search warrants. If I did not disclose all the information that would be relevant to the search warrant, and the information had to be properly vetted, once the judge and my department learned of my deception, I would be terminated and charged with violating someone’s constitutional rights. Nunes, why are these people not in prison? I would be!

From the Gov:

Thanks for writing, David. I get the sense from your letter that we actually do agree on quite a lot, and that Nunes would, too. Certainly he shares our belief that some people should be in prison who are not, but he as a member of Congress can’t put them there.

We agree that there are existing laws that have been broken, and that existing laws should have been enforced, as they would have been in the hypothetical scenario involving you. But they haven’t been in this case, at least so far, so what to do? Would you agree with Nunes and me that we have, in practice, a two-tier justice system, and that a chronic lack of transparency has contributed to this over many years? As long as we have this situation,, laws will continue to go unenforced or selectively enforced. So that’s where the reform needs to be.


Commentary continues below advertisement


Of course, Nunes is a legislator, so I’m reminded of the old adage that “to a carpenter, every problem looks like a nail.” Writing new laws that won’t be enforced isn’t going to do any good. But re-writing existing laws and policies to make it harder to enforce the law inconsistently, well, that makes some sense.

Nunes’ list of names is one way to make the investigation and the law apply to all, not just Republicans. Mueller’s probe and, now, the myriad House investigations are obviously so politically motivated that they won’t even look at what “Team Hillary” did that was clearly illegal. Nunes is right to turn the “interview” list over to Lindsay Graham, who has subpoena power in the Senate and will use it. This is how you use the existing system to enforce existing law.

But it appears that existing law, as currently written, needs to be examined, mostly from the standpoint of transparency. The FISA court seems to operate as a sort of “star chamber”; even now, to my knowledge, not one of the FISA judges has spoken about what happened in the case of Carter Page. We have serious problems with oversight, of the FISA court and also of the special counsel, as it was possible for someone with unbelievable conflicts of interest (Rod Rosenstein) to supervise Mueller for virtually the entire investigation, and any suggestion of placing limits on the special counsel was attacked as “obstruction.” And the rules about unmasking were easily skirted by the Obama DOJ; we need to look at how our principle of protecting the privacy of Americans can be better codified into enforceable law.

This kind of reform is not going to pass in the Democratic House, which won't even touch it.  In the meantime, in the name of transparency, Nunes has called for complete declassification of everything related to the Trump/Russia probe. I agree that sunlight is the best disinfectant. Except for protecting information that would damage an innocent person caught up in this mess, I say “go for it,” and let the chips fall.

 

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Comments 26-31 of 31

  • Mike Smith

    03/06/2019 09:50 AM

    HI Governor,
    Good Morning!
    About the idea of the Senate getting "the List" from Mr Nunes:
    I believe it is very wrong and part of the problem that Congress subpoenas the actual perpatrator(s) of suspected criminal activity. By this action, the "perp" is able to deflect attention and blame from themselves. Any exposure of the suspected activity during congressional hearings will always have one side of the other coming up with a good rationalization or even excuse for what happened. If Congress would simply subpoena the "perp's" supervisor/manager/next in chain-of-command, they could open up the activity to the light of day and then give directions or implications to the proper law enforcement departments and prosecutors to lay the blame squarely where it lies.
    I believe that would make it less likely that existing laws would be improperly applied and enforced. Congress is PART OF THE PROBLEM right now. Hence the "Draining of the Swamp" attempts.

  • stephen mitchell

    03/06/2019 09:43 AM

    Yes . Laws do exist , and should be enforced . We are a Nation of laws , rules , regulations , but somewhere we've lost sight of our laws . They're only enforced on the " non- elite " of society ( the common folks ). The " elite ' in society don't recognize laws , they're not meant for them . The " elite " have such a bond of corruption , that one dares not " rat " on the other . They're all beholding to each other for their place in society . It's similar to how the Mafia operates , I own you , you're beholding to me . I do not agree with Nunes' . We don't have anyone connected to politics , that has the backbone to enforce the laws on the " elite " . You'll never see any of them brought to " justice " .

  • Karen Armstrong

    03/06/2019 09:36 AM

    Well if they declassify everything in the Trump / Russia investigation can we then ask they do the same to the Hillary investigation? I do not understand why she is not being investigated with a special (Not Mueller) Prosecutor since all the evidence revealed of late points straight at her. Why are the FBI officials still in their same roles, working 9-5 like nothing has happened? I am not from Washington and do not know how it all works there but in our town when a new head of office is appointed the old staff (because of allegiance) is more than likely looking for new jobs, as the new head of the dept. then places the people they want in the positions around them. Does the President not have that same luxury? And on a different subject how are Muslims allowed positions in Americas congress? To have access to our nations most inner workings, and vote on anything to do with Israel, one already suggesting things about our military workings? They are obviously anti-Semitic, is that ok with Washington? Are we so offended now that we can't say anything about installing known enemies into our Congress? God is coming soon, and he has given us President Trump as our time to get ourselves ready. If you have not listened to the prophesies 'Kim Clement' made several years back (before President Trump had decided to run) 2007-2014 in particular, youtube them and listen. He is passed away now, but Foretold Trump to the point your arm hair will stand on end. He also foretold after Pres Trumps 2 terms a woman will be the demise of America. Give the man a honest listen, I think you will be as shocked as I was. Bet you will even share with the President, he never gave a name because he could not see the mans face, but described Pres Trump to a tee. And the situation we are in now. Thanks for letting me vent about the crazy circus that is now Washington.

  • mark spowage

    03/06/2019 09:13 AM

    Clearly the fisa judges failed to examine the paperwork and just rubber stamped approval for the FBI/DOJ to attack TRUMP.
    They ARE OBAMA people !! DEEP STATE anyone !! The judges are also out to get TRUMP !!

  • Joseph Chase

    03/06/2019 08:51 AM

    Sir, all I can see with any issue the problem is politics. My choice At elections is the lesser of two evils. We in this country need to get to the root problem POLITICS. What is to be done anarchy? This country is so divided now,nothing by any party can fix anything we just fight more. Yes I do have some thoughts on this,the first one is clean house. Please if you have some thoughts on how to fix politics sound off.

  • william m mason

    03/06/2019 08:06 AM

    Why can't Nunes or any other law maker be arrested and put in jail? Are they above the law?

It’s always great to receive letters from readers who have real-world experience to share, even when it means my commentary has put me in the “hot seat.” In this case, my comments about ranking Republican on the House Intelligence Committee Devin Nunes sparked a reply by someone with a background in law enforcement, specifically, obtaining search warrants.

From David:

I totally disagree with you and Nunes. There are existing laws that were blatantly broken by personnel in the FBI and the Justice Department. Why don't we enforce existing laws instead of creating new laws that obviously will not be enforced?

I am a retired law enforcement officer who was involved with the creation of numerous search warrants. If I did not disclose all the information that would be relevant to the search warrant, and the information had to be properly vetted, once the judge and my department learned of my deception, I would be terminated and charged with violating someone’s constitutional rights. Nunes, why are these people not in prison? I would be!

From the Gov:

Thanks for writing, David. I get the sense from your letter that we actually do agree on quite a lot, and that Nunes would, too. Certainly he shares our belief that some people should be in prison who are not, but he as a member of Congress can’t put them there.

We agree that there are existing laws that have been broken, and that existing laws should have been enforced, as they would have been in the hypothetical scenario involving you. But they haven’t been in this case, at least so far, so what to do? Would you agree with Nunes and me that we have, in practice, a two-tier justice system, and that a chronic lack of transparency has contributed to this over many years? As long as we have this situation,, laws will continue to go unenforced or selectively enforced. So that’s where the reform needs to be.


Commentary continues below advertisement


Of course, Nunes is a legislator, so I’m reminded of the old adage that “to a carpenter, every problem looks like a nail.” Writing new laws that won’t be enforced isn’t going to do any good. But re-writing existing laws and policies to make it harder to enforce the law inconsistently, well, that makes some sense.

Nunes’ list of names is one way to make the investigation and the law apply to all, not just Republicans. Mueller’s probe and, now, the myriad House investigations are obviously so politically motivated that they won’t even look at what “Team Hillary” did that was clearly illegal. Nunes is right to turn the “interview” list over to Lindsay Graham, who has subpoena power in the Senate and will use it. This is how you use the existing system to enforce existing law.

But it appears that existing law, as currently written, needs to be examined, mostly from the standpoint of transparency. The FISA court seems to operate as a sort of “star chamber”; even now, to my knowledge, not one of the FISA judges has spoken about what happened in the case of Carter Page. We have serious problems with oversight, of the FISA court and also of the special counsel, as it was possible for someone with unbelievable conflicts of interest (Rod Rosenstein) to supervise Mueller for virtually the entire investigation, and any suggestion of placing limits on the special counsel was attacked as “obstruction.” And the rules about unmasking were easily skirted by the Obama DOJ; we need to look at how our principle of protecting the privacy of Americans can be better codified into enforceable law.

This kind of reform is not going to pass in the Democratic House, which won't even touch it.  In the meantime, in the name of transparency, Nunes has called for complete declassification of everything related to the Trump/Russia probe. I agree that sunlight is the best disinfectant. Except for protecting information that would damage an innocent person caught up in this mess, I say “go for it,” and let the chips fall.

 

LEAVE ME A COMMENT BY CLICKING HERE. I READ THEM!

Leave a Comment

Note: Fields marked with an * are required.

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Your Comment
BBML accepted!
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YES, George Soros is involved with Justice Democrats

The REAL story about "The Squad"

Trump's tweets

Comments 26-31 of 31

  • Mike Smith

    03/06/2019 09:50 AM

    HI Governor,
    Good Morning!
    About the idea of the Senate getting "the List" from Mr Nunes:
    I believe it is very wrong and part of the problem that Congress subpoenas the actual perpatrator(s) of suspected criminal activity. By this action, the "perp" is able to deflect attention and blame from themselves. Any exposure of the suspected activity during congressional hearings will always have one side of the other coming up with a good rationalization or even excuse for what happened. If Congress would simply subpoena the "perp's" supervisor/manager/next in chain-of-command, they could open up the activity to the light of day and then give directions or implications to the proper law enforcement departments and prosecutors to lay the blame squarely where it lies.
    I believe that would make it less likely that existing laws would be improperly applied and enforced. Congress is PART OF THE PROBLEM right now. Hence the "Draining of the Swamp" attempts.

  • stephen mitchell

    03/06/2019 09:43 AM

    Yes . Laws do exist , and should be enforced . We are a Nation of laws , rules , regulations , but somewhere we've lost sight of our laws . They're only enforced on the " non- elite " of society ( the common folks ). The " elite ' in society don't recognize laws , they're not meant for them . The " elite " have such a bond of corruption , that one dares not " rat " on the other . They're all beholding to each other for their place in society . It's similar to how the Mafia operates , I own you , you're beholding to me . I do not agree with Nunes' . We don't have anyone connected to politics , that has the backbone to enforce the laws on the " elite " . You'll never see any of them brought to " justice " .

  • Karen Armstrong

    03/06/2019 09:36 AM

    Well if they declassify everything in the Trump / Russia investigation can we then ask they do the same to the Hillary investigation? I do not understand why she is not being investigated with a special (Not Mueller) Prosecutor since all the evidence revealed of late points straight at her. Why are the FBI officials still in their same roles, working 9-5 like nothing has happened? I am not from Washington and do not know how it all works there but in our town when a new head of office is appointed the old staff (because of allegiance) is more than likely looking for new jobs, as the new head of the dept. then places the people they want in the positions around them. Does the President not have that same luxury? And on a different subject how are Muslims allowed positions in Americas congress? To have access to our nations most inner workings, and vote on anything to do with Israel, one already suggesting things about our military workings? They are obviously anti-Semitic, is that ok with Washington? Are we so offended now that we can't say anything about installing known enemies into our Congress? God is coming soon, and he has given us President Trump as our time to get ourselves ready. If you have not listened to the prophesies 'Kim Clement' made several years back (before President Trump had decided to run) 2007-2014 in particular, youtube them and listen. He is passed away now, but Foretold Trump to the point your arm hair will stand on end. He also foretold after Pres Trumps 2 terms a woman will be the demise of America. Give the man a honest listen, I think you will be as shocked as I was. Bet you will even share with the President, he never gave a name because he could not see the mans face, but described Pres Trump to a tee. And the situation we are in now. Thanks for letting me vent about the crazy circus that is now Washington.

  • mark spowage

    03/06/2019 09:13 AM

    Clearly the fisa judges failed to examine the paperwork and just rubber stamped approval for the FBI/DOJ to attack TRUMP.
    They ARE OBAMA people !! DEEP STATE anyone !! The judges are also out to get TRUMP !!

  • Joseph Chase

    03/06/2019 08:51 AM

    Sir, all I can see with any issue the problem is politics. My choice At elections is the lesser of two evils. We in this country need to get to the root problem POLITICS. What is to be done anarchy? This country is so divided now,nothing by any party can fix anything we just fight more. Yes I do have some thoughts on this,the first one is clean house. Please if you have some thoughts on how to fix politics sound off.

  • william m mason

    03/06/2019 08:06 AM

    Why can't Nunes or any other law maker be arrested and put in jail? Are they above the law?

It’s always great to receive letters from readers who have real-world experience to share, even when it means my commentary has put me in the “hot seat.” In this case, my comments about ranking Republican on the House Intelligence Committee Devin Nunes sparked a reply by someone with a background in law enforcement, specifically, obtaining search warrants.

From David:

I totally disagree with you and Nunes. There are existing laws that were blatantly broken by personnel in the FBI and the Justice Department. Why don't we enforce existing laws instead of creating new laws that obviously will not be enforced?

I am a retired law enforcement officer who was involved with the creation of numerous search warrants. If I did not disclose all the information that would be relevant to the search warrant, and the information had to be properly vetted, once the judge and my department learned of my deception, I would be terminated and charged with violating someone’s constitutional rights. Nunes, why are these people not in prison? I would be!

From the Gov:

Thanks for writing, David. I get the sense from your letter that we actually do agree on quite a lot, and that Nunes would, too. Certainly he shares our belief that some people should be in prison who are not, but he as a member of Congress can’t put them there.

We agree that there are existing laws that have been broken, and that existing laws should have been enforced, as they would have been in the hypothetical scenario involving you. But they haven’t been in this case, at least so far, so what to do? Would you agree with Nunes and me that we have, in practice, a two-tier justice system, and that a chronic lack of transparency has contributed to this over many years? As long as we have this situation,, laws will continue to go unenforced or selectively enforced. So that’s where the reform needs to be.


Commentary continues below advertisement


Of course, Nunes is a legislator, so I’m reminded of the old adage that “to a carpenter, every problem looks like a nail.” Writing new laws that won’t be enforced isn’t going to do any good. But re-writing existing laws and policies to make it harder to enforce the law inconsistently, well, that makes some sense.

Nunes’ list of names is one way to make the investigation and the law apply to all, not just Republicans. Mueller’s probe and, now, the myriad House investigations are obviously so politically motivated that they won’t even look at what “Team Hillary” did that was clearly illegal. Nunes is right to turn the “interview” list over to Lindsay Graham, who has subpoena power in the Senate and will use it. This is how you use the existing system to enforce existing law.

But it appears that existing law, as currently written, needs to be examined, mostly from the standpoint of transparency. The FISA court seems to operate as a sort of “star chamber”; even now, to my knowledge, not one of the FISA judges has spoken about what happened in the case of Carter Page. We have serious problems with oversight, of the FISA court and also of the special counsel, as it was possible for someone with unbelievable conflicts of interest (Rod Rosenstein) to supervise Mueller for virtually the entire investigation, and any suggestion of placing limits on the special counsel was attacked as “obstruction.” And the rules about unmasking were easily skirted by the Obama DOJ; we need to look at how our principle of protecting the privacy of Americans can be better codified into enforceable law.

This kind of reform is not going to pass in the Democratic House, which won't even touch it.  In the meantime, in the name of transparency, Nunes has called for complete declassification of everything related to the Trump/Russia probe. I agree that sunlight is the best disinfectant. Except for protecting information that would damage an innocent person caught up in this mess, I say “go for it,” and let the chips fall.

 

LEAVE ME A COMMENT BY CLICKING HERE. I READ THEM!

Leave a Comment

Note: Fields marked with an * are required.

Your Information
Your Comment
BBML accepted!
Captcha

More Stories

YES, George Soros is involved with Justice Democrats

The REAL story about "The Squad"

Trump's tweets

Comments 26-31 of 31

  • Mike Smith

    03/06/2019 09:50 AM

    HI Governor,
    Good Morning!
    About the idea of the Senate getting "the List" from Mr Nunes:
    I believe it is very wrong and part of the problem that Congress subpoenas the actual perpatrator(s) of suspected criminal activity. By this action, the "perp" is able to deflect attention and blame from themselves. Any exposure of the suspected activity during congressional hearings will always have one side of the other coming up with a good rationalization or even excuse for what happened. If Congress would simply subpoena the "perp's" supervisor/manager/next in chain-of-command, they could open up the activity to the light of day and then give directions or implications to the proper law enforcement departments and prosecutors to lay the blame squarely where it lies.
    I believe that would make it less likely that existing laws would be improperly applied and enforced. Congress is PART OF THE PROBLEM right now. Hence the "Draining of the Swamp" attempts.

  • stephen mitchell

    03/06/2019 09:43 AM

    Yes . Laws do exist , and should be enforced . We are a Nation of laws , rules , regulations , but somewhere we've lost sight of our laws . They're only enforced on the " non- elite " of society ( the common folks ). The " elite ' in society don't recognize laws , they're not meant for them . The " elite " have such a bond of corruption , that one dares not " rat " on the other . They're all beholding to each other for their place in society . It's similar to how the Mafia operates , I own you , you're beholding to me . I do not agree with Nunes' . We don't have anyone connected to politics , that has the backbone to enforce the laws on the " elite " . You'll never see any of them brought to " justice " .

  • Karen Armstrong

    03/06/2019 09:36 AM

    Well if they declassify everything in the Trump / Russia investigation can we then ask they do the same to the Hillary investigation? I do not understand why she is not being investigated with a special (Not Mueller) Prosecutor since all the evidence revealed of late points straight at her. Why are the FBI officials still in their same roles, working 9-5 like nothing has happened? I am not from Washington and do not know how it all works there but in our town when a new head of office is appointed the old staff (because of allegiance) is more than likely looking for new jobs, as the new head of the dept. then places the people they want in the positions around them. Does the President not have that same luxury? And on a different subject how are Muslims allowed positions in Americas congress? To have access to our nations most inner workings, and vote on anything to do with Israel, one already suggesting things about our military workings? They are obviously anti-Semitic, is that ok with Washington? Are we so offended now that we can't say anything about installing known enemies into our Congress? God is coming soon, and he has given us President Trump as our time to get ourselves ready. If you have not listened to the prophesies 'Kim Clement' made several years back (before President Trump had decided to run) 2007-2014 in particular, youtube them and listen. He is passed away now, but Foretold Trump to the point your arm hair will stand on end. He also foretold after Pres Trumps 2 terms a woman will be the demise of America. Give the man a honest listen, I think you will be as shocked as I was. Bet you will even share with the President, he never gave a name because he could not see the mans face, but described Pres Trump to a tee. And the situation we are in now. Thanks for letting me vent about the crazy circus that is now Washington.

  • mark spowage

    03/06/2019 09:13 AM

    Clearly the fisa judges failed to examine the paperwork and just rubber stamped approval for the FBI/DOJ to attack TRUMP.
    They ARE OBAMA people !! DEEP STATE anyone !! The judges are also out to get TRUMP !!

  • Joseph Chase

    03/06/2019 08:51 AM

    Sir, all I can see with any issue the problem is politics. My choice At elections is the lesser of two evils. We in this country need to get to the root problem POLITICS. What is to be done anarchy? This country is so divided now,nothing by any party can fix anything we just fight more. Yes I do have some thoughts on this,the first one is clean house. Please if you have some thoughts on how to fix politics sound off.

  • william m mason

    03/06/2019 08:06 AM

    Why can't Nunes or any other law maker be arrested and put in jail? Are they above the law?