From @charlie_savage in Feb: “To issue a FISA order authorizing investigators to eavesdrop on an American, a judge must agree that there is reason to believe the target was knowingly engaging in clandestine intelligence activities for a foreign power that violate American (1)
criminal laws — or is knowingly aiding or conspiring with someone else who is doing that. “It’s a common-sense test,” said Matthew G. Olsen, who presented FISA applications to the court as the top Justice Department intelligence official during the George W. Bush admin. (2)
It requires a reasonable basis that is reached on facts that can be articulated. It’s not as high a standard as ‘beyond a reasonable doubt,’ but it’s more than a hunch or speculation.” nytimes.com/2018/01/29/us/… The IG will focus on first application and —my guess— especially on (3)
the candor, or lack thereof, concerning provenance of Steel Dossier. I reviewed hundreds of these for AGs Smith and Meese. It’s still almost all classified. But never doubted everything a judge needed to know to protect American citizens’ privacy was included in an application.
