FISA application violated important safeguards

February 6, 2018 |

Before the FBI can take information before the FISA court, it must make sure it has followed what are called the Woods Procedures, which haven’t received much attention yet but need to. These rules are named not for actor James Woods --- who would no doubt approve of them, though --- but by Michael Woods, who as head of the Office of General Counsel’s National Security Law Unit drafted them in April, 2001, after concerns that the FBI had presented inaccurate information to the court. These rules lay out all the levels of approval that must be received at the FBI and Justice Department to make sure “evidence” presented to the FISA court is indeed true.

The sequence of steps is extremely complicated, by design.

Sharyl Attkisson, one of the finest journalists on the planet --- note I don’t have to put quotation marks around the word “journalist” when describing her --- has a great piece explaining how these rules fit into how we should view Christopher Steele’s “dossier” and the fact that it ever got in front of the FISA judges to justify spying on an American citizen and, by expansion, the Trump campaign. She does a great job in explaining all the stages of approval required under the Woods Procedures. With all the steps in the process of “verification” --- I WILL use quotes around that --- it’s mind-boggling how this particular FISA application, full of partisan opposition research we already know was described as “salacious and unverified” by then-FBI Director James Comey, made it up the chain of command. A bevy of lawyers and bureaucrats had to be smoothing its way.

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Now, get ready for the kicker. Guess who was FBI Director when the Woods Procedures were put in place? Wake up and smell the irony; it was none other than Robert Mueller. Fast-forward 17 years: if it weren’t for what appear to have been multiple violations of those very rules, there would have been no use for the Steele dossier; no FISA application (that’s what Andrew McCabe has testified); no spying on Carter Page or others involved with the Trump campaign; no grand jury; and no “Robert Mueller, Special Counsel.” Given that, perhaps Mueller should just disband his team and call it a day.


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Comments 1-24 of 24

  • Ann Holmes Bush

    02/17/2018 07:06 PM

    Mike, as your influence may have an effect on Fox News, I would like to make a suggestion that all news media stop publicizing the names of gun bearing murderers. I believe most are losers, having no success in life, maybe suicidal, and with no hope. They do know that when others have committed similar atrocities, their names appear on the news every hour and sometimes for days. They become famous and this may be enough to a sick mind to emulate. The latest criminal killing at the school scene, could be described as a nineteen year old white guy who had been a student at that school, who had many scrapes with local law, he is in custody and is charged with multiple murder charges. Put local police on air, the grieving, community leaders, etc but do not tell the name unless he/she is on the run. Ann

  • Dorothy Glad

    02/16/2018 12:30 PM

    Mike -

    I'm a friend of Alverta Johns and she forwards your emails to me. I do enjoy reading them. I do have just one questions regarding mass shootings in our schools. Has anyone brought up the fact that these things didn't take place back in the days before God was kicked out of our public schools? America needs to wake up.

    Thanks for listening..................Dorothy Glad

  • gennita easterly

    02/10/2018 10:25 AM

    is anyone going to be held accountable I'm watching all this take place and anyone with common sense can see the trail of lies and deceit that the dems have imposed on the American people only to beholden to Obamas sick agenda I'm so upset that my President gets the blame for everything that's wrong in Washington which has been created by the last years of rule by Obama what a mess???? I PRAY FOR HIM AND OUR COUNTRY. GOD BLESS SARAH SHES SUCH A TRUE ANNIE OAKLY FOR SURE.....

  • Gregort Weinman

    02/09/2018 07:29 PM

    Does the Hoover-Rooney FBI tickle a memory or two?

  • Robert Deplorable Baublitz

    02/08/2018 09:11 PM

    Can we get a refund for the ‘special counsel’ investigation?!?

  • Charles M

    02/08/2018 12:16 PM

    The longer this horror story drags out, the less faith I have in any of the many, many Swamp Critters ever seeing the inside of a courtroom, much less a prison cell or a more-deserved noose. Hate to be so cynical, but I bet it will all just "go away" because the commie media says so, and all the perps will enjoy their fully funded retirements in gated security (like Lois Lerner, Koskinen, et al, ad nauseum) while we suckas keep toiling away, paying taxes, trying to avoid murderous, or thieving, illegals, ducking the PC Gestapo, and attempting to remain healthy.
    Sucks, really sucks!!

  • Anita Kubes

    02/08/2018 10:32 AM

    With all the information about Mr. Mueller's job at the FBI, why is he still in charge of investigating Mr. Trump when he was involved in
    trying to bring Mr. Trump down? I see the injustice in this investigation, and it makes me mad that our government is so full of hate that
    this continues. I think an investigation is needed into Mr. Mueller's past record before he passes judgement on anyone. Thank you for
    keeping us informed.

  • Phyllis Thomas

    02/08/2018 07:49 AM

    All the other comments are the same as my views. I still have a hard time believing how corrupt our government has been for many years now and we the American people had no ideal how bad it was. It is such a shame that we have worked so hard to make a living for ourselves and our families (an believe me some of us worked several jobs to make ends meet just to pay our taxes) and this is how we were treated. I believe God is now intervening in all the ugliness that is coming out, not just in politics, but everywhere. Thank Mr. Huckabee for bringing to us these stories. I can read them and know I am getting the truth.

  • Ruby Lewis

    02/07/2018 07:29 PM

    read them. Thanks Mike.

  • Paulette Taylor

    02/07/2018 06:23 PM

    What a joke. The College of William and Mary has retained James Comey to teach the class, "Ethical Leadership" starting in September 2018.

  • Danny Coleman

    02/07/2018 05:13 PM

    I think we are all hoping Robert Mueller cares enough about his reputation that he will be unbiased in his investigation. Most of us have noted he has not given any update reports of the investigation except when it was time to call out those two men who allegedly broke laws years before the 2016 campaign. Mueller was not presiding over the FBI when all this fertilizer was dumped on the FISA court so he (we hope) would have completed it correctly especially since he was in control when the Woods Procedures were initiated. He was probably burned that time. I think James Comey is coming out of this looking like a stooge and I wonder if it is not because he left most or all of this to his underlings at the time and perhaps just signed off w/o really reading. I know they are not supposed to do that but is it possible? For sure the best thing he can do now is be quiet and stop digging his hole deeper. If Mueller really was Comey's mentor he probably had a hard time reconciling the behavior. Additionally, I wonder about James Comey's background. I tried to research that during the general election and the site I went to indicated that he was once a board member of the Clinton Foundation. I have / had trouble believing that so I did not pursue it but to me that would say he should not have been approved by Congress for the FBI position.. You really do need to challenge Congress' thinking on him wouldn't you say?

  • Sandy Sullins

    02/07/2018 04:10 PM

    Of course they violated the safeguards, they are a bunch of corrupt individuals that should be prosecuted - the whole bunch of them. It is the only way to make believers out of people in the future that there are consequences to pay if you break the law no matter what you last name is or which office you hold. This whole investigation is nothing but falsehoods and cover up that makes Watergate look lame in comparison.

  • CarolHead

    02/07/2018 03:43 PM

    We must remember they by this FISA warrant had cart-blanc access to any and all electronic communications from the one being investigated. This every phonecslk, email, message etc from anyone in the Trump campaign including the president and all his family!

  • Patricia A. McMahon

    02/07/2018 02:59 PM

    It was terrible about the death of the Indianapolis Colt's player at the hands of a 'alleged' drunk driver who was
    3 times over the limit. Yes, the guy is a two time returning deportee. However, why was the other man listed simply as "The Uber Driver?" Doesn't he have any family that needs to be comforted? Why is he being ignored? Usually
    we have a picture of the other person killed by a drunk driver? Not trying to be nosey or goulish . Who was this
    self-employed individual that was also killed by this Drunk Driver?
    Pat McMahon
    Buffalo, NY

  • Michael Egbert

    02/07/2018 02:27 PM

    Mueller won't drop any investigation until Mueller says its time to...there is so much partisan politics in this investigation even he recognizes the democrats would put up such a loud cry of objection he would be deafened by all the noise and the mainstream media would turn him into bigger pariah than they have been trying to do with President Trump. Mueller is not stupid. He knows the investigation is a waste of taxpayer money and a bigger waste of his time but he must wait for "the right time" to end it...whenever that would be

  • Allen M Swatsworth

    02/07/2018 02:09 PM

    Sir, A very interesting and informative article. Hopefully the congress cant get to the bottom of the FISA court process in this matter and where necessary apply both corrective and punitive actions as required.

    Thanks for bring this article to my attention. Please keep up the good work.

  • Neal Hannon

    02/07/2018 02:03 PM

    Short of having the President dismiss the special council, what is the procedure for ending the investigation? Who has oversight over the special council? Why aren't they investigating the true wrongdoing of the people who sent false information to the FISA court?

  • Clara Todd

    02/07/2018 01:59 PM

    I agree; and thank you very much for keeping us informed with the truth.

  • Karen A Armstrong

    02/07/2018 01:17 PM

    How is it possible our own FBI have gotten so mixed up in all of this mess, the people we depend on to be honest and trustworthy, to be unbiased and truthful? Who can you trust 'not' to be bought out if not them? Its a scary time we are living in, maybe its always been like this but when we are younger we didn't really notice as much. Sound like he needs to clean house there too, its obviously as corrupt as the DNJ & DNC. It makes me scared for the world we are leaving our children & grandchildren. So glad to see unemployment at a all time low, and taxes cut, now if he addresses the social security problems I believe I will be a truly happy camper. Sincerely, Karen Armstrong

  • Michael

    02/07/2018 01:15 PM

    What is sad and disturbing to me, an average citizen, is that these seemingly intentional misconducts go unpunished. Why bother with the laws when violators are not prosecuted. Violators of the highest order. If I violated one of these I'd be arrested.

  • Tom Huls

    02/07/2018 01:14 PM

    Governor Huckabee how do we insure that justice is completed and all the guilty parties are prosecuted?
    We now know that there are possibilities of people from the highest levels of government that participated! Aren’t all American’s subject to our laws?
    I really doubt that those in high places will ever go to trial.

  • Julie Craft

    02/07/2018 01:06 PM

    Thank you for spelling this out so clearly - it's mind boggling all right. Corruption 101!

  • John P Hurabiell

    02/07/2018 01:00 PM

    Post Sheryl’s article or at least provide a link. I’d love to read it.

  • John P Hurabiell

    02/07/2018 12:59 PM

    Post Sheryl’s article or at least provide a link. I’d love to read it.