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| | These ‘passed-along’ FISA-702 search results were used by [[Glenn Simpson]], Mary Jacobs, and [[Nellie Ohr]]; “unmasked” by [[Obama administration]] officials; enhanced by [[Christopher Steele]] in the ''[[Steele dossier]]'', and returned to the FBI Counterintelligence Deputy [[Peter Strzok]], DOJ Deputy [[Bruce Ohr]], and DOJ/FBI lawyer [[Lisa Page]], for an “insurance policy” against the election of [[Donald Trump]]. | | These ‘passed-along’ FISA-702 search results were used by [[Glenn Simpson]], Mary Jacobs, and [[Nellie Ohr]]; “unmasked” by [[Obama administration]] officials; enhanced by [[Christopher Steele]] in the ''[[Steele dossier]]'', and returned to the FBI Counterintelligence Deputy [[Peter Strzok]], DOJ Deputy [[Bruce Ohr]], and DOJ/FBI lawyer [[Lisa Page]], for an “insurance policy” against the election of [[Donald Trump]]. |
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| − | In October 2016 the DOJ and FBI then took the ''Steele dossier'', full circle, back to the FISA Court to gain the most intrusive FISA Title I surveillance authority and approval upon the Trump Campaign and Donald Trump. Immediately after the DOJ lawyers formatted the information for a valid FISC application, the head of the DOJ National Secirity Division, Asst. Attn. Gen. [[John P Carlin]], left his job. Carlin’s exit came as the DOJ-NSD and NSA Dir. Mike Rogers informed the FISA court that frequent unauthorized FISA-702 searches had been conducted. | + | In October 2016 the DOJ and FBI then took the ''Steele dossier'', full circle, back to the FISA Court to gain the most intrusive FISA Title I surveillance authority and approval upon the Trump Campaign and Donald Trump. Immediately after the DOJ lawyers formatted the information for a valid FISC application, the head of the DOJ National Secirity Division, Asst. Attn. Gen. [[John P Carlin]], left his job. Carlin's exit came as the DOJ-NSD and NSA Dir. Mike Rogers informed the FISA court that frequent unauthorized FISA-702 searches had been conducted. |
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| | All the intelligence information the Obama DOJ and FBI collected via their illegal FISA-702 queries, combined with the intelligence [[FusionGPS]] created during their earlier contractor access to FISA-702(17) “about queries”, was the intelligence data delivered to Christopher Steele for use in creating the ''Steele dossier''. | | All the intelligence information the Obama DOJ and FBI collected via their illegal FISA-702 queries, combined with the intelligence [[FusionGPS]] created during their earlier contractor access to FISA-702(17) “about queries”, was the intelligence data delivered to Christopher Steele for use in creating the ''Steele dossier''. |
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| | ===Obama expands E.O. 12333=== | | ===Obama expands E.O. 12333=== |
| − | The executive order’s history dates back to President [[Ronald Reagan]]. He signed the order into law in 1981, giving the intelligence community the ability to extend their powers and streamlining the ability of federal agencies also investigating intelligence issues, to cooperate with the CIA requests for information. | + | The executive order's history dates back to President [[Ronald Reagan]]. He signed the order into law in 1981, giving the intelligence community the ability to extend their powers and streamlining the ability of federal agencies also investigating intelligence issues, to cooperate with the CIA requests for information. |
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| | It gives the NSA almost unlimited authority to access information and intercept overseas communications. | | It gives the NSA almost unlimited authority to access information and intercept overseas communications. |
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| | But the changes came at the end of his presidency. On Jan. 3, then Attorney General [[Loretta Lynch]] signed the expansion of the executive order, which had already been signed by [[DNI]] [[James Clapper]] in mid-December. | | But the changes came at the end of his presidency. On Jan. 3, then Attorney General [[Loretta Lynch]] signed the expansion of the executive order, which had already been signed by [[DNI]] [[James Clapper]] in mid-December. |
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| − | For many years the executive order didn’t draw a lot of attention, but NSA [[Whistleblower Statutes|whistleblower]] [[Edward Snowden]] exposed its vast reach. | + | For many years the executive order didn't draw a lot of attention, but NSA [[Whistleblower Statutes|whistleblower]] [[Edward Snowden]] exposed its vast reach. |
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| | Snowden, who is being sought by U.S. authorities for leaking classified information and is now in [[Russia]], was the catalyst that exposed the vast authority of the NSA by revealing how the agency is capable of retrieving and storing vast amounts of what Americans considered private communications in their servers."<ref>http://circa.com/politics/some-us-intelligence-officials-want-trump-to-rescind-obamas-expansion-of-nsa-data</ref> | | Snowden, who is being sought by U.S. authorities for leaking classified information and is now in [[Russia]], was the catalyst that exposed the vast authority of the NSA by revealing how the agency is capable of retrieving and storing vast amounts of what Americans considered private communications in their servers."<ref>http://circa.com/politics/some-us-intelligence-officials-want-trump-to-rescind-obamas-expansion-of-nsa-data</ref> |
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| | *If, instead, the government has probable cause to believe that an American—or any non-citizen who is located inside the United States—is an agent of a foreign power, it can obtain an order from the so-called “FISA Court” (known as a “Title I FISA order”) to conduct surveillance for foreign intelligence purposes. | | *If, instead, the government has probable cause to believe that an American—or any non-citizen who is located inside the United States—is an agent of a foreign power, it can obtain an order from the so-called “FISA Court” (known as a “Title I FISA order”) to conduct surveillance for foreign intelligence purposes. |
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| − | *Americans’ communications may also be acquired indirectly. Under Section 702 of the [[Foreign Intelligence Surveillance Act]] (“FISA”), if the target of surveillance is a foreigner overseas, the government, acting inside the United States, can acquire all of the target’s communications, including all of his communications with Americans, without any individualized court order. The FISA Court must approve the broad contours of the program, but it does not sign off on targeting decisions. There are even fewer constraints on foreign intelligence surveillance conducted overseas under Executive Order 12333.<ref> | + | *Americans’ communications may also be acquired indirectly. Under Section 702 of the [[Foreign Intelligence Surveillance Act]] (“FISA”), if the target of surveillance is a foreigner overseas, the government, acting inside the United States, can acquire all of the target's communications, including all of his communications with Americans, without any individualized court order. The FISA Court must approve the broad contours of the program, but it does not sign off on targeting decisions. There are even fewer constraints on foreign intelligence surveillance conducted overseas under Executive Order 12333.<ref> |
| | https://www.archives.gov/federal-register/codification/executive-order/12333.html</ref> | | https://www.archives.gov/federal-register/codification/executive-order/12333.html</ref> |
| | *Under both Section 702 and Executive Order 12333, various rules require the government to redact or delete any information about Americans (minimization procedures or masking) “incidentally” acquired during the warrantless surveillance. However, there are several exceptions. For instance, information about Americans that is necessary to understand foreign intelligence or that is evidence of a crime may be kept and shared. Moreover, once the government has collected the communications, it may search them for information about Americans, which (in the case of information obtained under Section 702) can be used in ordinary criminal cases as well as national security investigations. | | *Under both Section 702 and Executive Order 12333, various rules require the government to redact or delete any information about Americans (minimization procedures or masking) “incidentally” acquired during the warrantless surveillance. However, there are several exceptions. For instance, information about Americans that is necessary to understand foreign intelligence or that is evidence of a crime may be kept and shared. Moreover, once the government has collected the communications, it may search them for information about Americans, which (in the case of information obtained under Section 702) can be used in ordinary criminal cases as well as national security investigations. |
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| | During the months of November and December 2016, and January 2017, members of the Trump campaign and transition team had their identities unmasked in surveillance transcripts on foreign dignitaries and information was gathered and disseminated within the government by the Obama administration under the guise of foreign intelligence surveillance, then selectively leaked to the media to give an unsubstantiated impression that a political opponent was illegitimate. | | During the months of November and December 2016, and January 2017, members of the Trump campaign and transition team had their identities unmasked in surveillance transcripts on foreign dignitaries and information was gathered and disseminated within the government by the Obama administration under the guise of foreign intelligence surveillance, then selectively leaked to the media to give an unsubstantiated impression that a political opponent was illegitimate. |
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| − | Dozens of times in 2016, those intelligence reports identified Americans who were directly intercepted talking to foreign sources or were the subject of conversations between two or more monitored foreign figures. Sometimes the Americans’ names were officially unmasked; other times they were so specifically described in the reports that their identities were readily discernible. Among those cleared to request and consume unmasked NSA-based intelligence reports about U.S. citizens were Obama’s national security adviser [[Susan Rice]], his CIA Director [[John Brennan]] and his Attorney General [[Loretta Lynch]]. Some intercepted communications from November to January involved Trump transition figures or foreign figures' perceptions of the incoming president and his administration. Intercepts involving congressional figures also have been unmasked occasionally for some time.<ref>http://circa.com/politics/barack-obama-changed-how-nsa-intercepts-of-americans-like-donald-trump-could-be-shared</ref> | + | Dozens of times in 2016, those intelligence reports identified Americans who were directly intercepted talking to foreign sources or were the subject of conversations between two or more monitored foreign figures. Sometimes the Americans’ names were officially unmasked; other times they were so specifically described in the reports that their identities were readily discernible. Among those cleared to request and consume unmasked NSA-based intelligence reports about U.S. citizens were Obama's national security adviser [[Susan Rice]], his CIA Director [[John Brennan]] and his Attorney General [[Loretta Lynch]]. Some intercepted communications from November to January involved Trump transition figures or foreign figures' perceptions of the incoming president and his administration. Intercepts involving congressional figures also have been unmasked occasionally for some time.<ref>http://circa.com/politics/barack-obama-changed-how-nsa-intercepts-of-americans-like-donald-trump-could-be-shared</ref> |
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| | The unmasking and public disclosure of an American citizen's identity which was acquired during surveillance of a foreign diplomat is a criminal act punishable by ten years in prison. Only 20 persons in the Intelligence Community have the ability to unmask a US citizen's identity in transcripts of conversations gathered in a surveillance on a foreign diplomat.<ref>[http://www.realclearpolitics.com/video/2017/03/23/bob_woodward_if_obama_unmasked_trump_teams_names_it_would_be_a_gross_violation.html]</ref> One person whose privacy and civil rights were violated was [[Michael Flynn]], a private citizen at the time of the wiretapping. However, Flynn was [[National Security Advisor]] to the President of the United States at the time his name was [[felon]]iously leaked to the press and public by Obama appointees. | | The unmasking and public disclosure of an American citizen's identity which was acquired during surveillance of a foreign diplomat is a criminal act punishable by ten years in prison. Only 20 persons in the Intelligence Community have the ability to unmask a US citizen's identity in transcripts of conversations gathered in a surveillance on a foreign diplomat.<ref>[http://www.realclearpolitics.com/video/2017/03/23/bob_woodward_if_obama_unmasked_trump_teams_names_it_would_be_a_gross_violation.html]</ref> One person whose privacy and civil rights were violated was [[Michael Flynn]], a private citizen at the time of the wiretapping. However, Flynn was [[National Security Advisor]] to the President of the United States at the time his name was [[felon]]iously leaked to the press and public by Obama appointees. |