Suspicions starting to emerge: The DOJ's failure to enforce FARA violations was intentional.
Not because they ignored the law - but because the DOJ used FARA (or conflated as Section 951) "violations" as a predicate to obtain FISA warrants.
Not because they ignored the law - but because the DOJ used FARA (or conflated as Section 951) "violations" as a predicate to obtain FISA warrants.
Some background.
The DOJ's National Security Division (NSD) enforces FARA violations and prepares and files "all applications for Court orders pursuant to FISA"
The DOJ's National Security Division (NSD) enforces FARA violations and prepares and files "all applications for Court orders pursuant to FISA"
Per DOJ IG, FARA prosecutions are very rare. 7 in 50+ years.
The reason for this may be that the NSD has decided to focus on 18 USC 951.
Why Section 951? Because they can go after "political or non-political activities of agents under the control of foreign governments."
The reason for this may be that the NSD has decided to focus on 18 USC 951.
Why Section 951? Because they can go after "political or non-political activities of agents under the control of foreign governments."
The NSD Officials say "a Section 951 case generally involves espionage-like or clandestine behavior... or a connection to an intelligence service"
Meanwhile, the FBI's system "commingles both FARA and Section 951 cases."
Meanwhile, the FBI's system "commingles both FARA and Section 951 cases."
Considering all that, read this whole excerpt from the IG Report.
The NSD was turning away FBI agents with solid FARA cases.
The NSD is in denial, telling the Inspector General that this never occurred. [Something to hide.]
The NSD was turning away FBI agents with solid FARA cases.
The NSD is in denial, telling the Inspector General that this never occurred. [Something to hide.]
FBI agents saw FARA violations as a way to develop sources. They were ignored by the NSD.
The NSD even overruled local DOJ prosecutors who saw opportunities to bring cases.
The NSD even overruled local DOJ prosecutors who saw opportunities to bring cases.
This brings us back to Section 951.
It's how the DOJ cast a wide FISA net - not only against the Trump Campaign (Carter Page FISA; see also Mueller Report excerpt below)...
But also against US citizens going back to at least 2012.
It's how the DOJ cast a wide FISA net - not only against the Trump Campaign (Carter Page FISA; see also Mueller Report excerpt below)...
But also against US citizens going back to at least 2012.
As @TheLastRefuge2 has noted, Obama-era political spying abuse has been going on for years - perhaps since 2012.
But it's not just how they abuse the intelligence.
It's how they got the intelligence in the first place. (Section 951)
But it's not just how they abuse the intelligence.
It's how they got the intelligence in the first place. (Section 951)
There's no reason to prosecute FARA violations when the more robust Section 951 is available for intelligence collection.
Case in point: General Flynn.
Potential charge: Not FARA (618) but Section 951.
Case in point: General Flynn.
Potential charge: Not FARA (618) but Section 951.
Section 951 (foreign agent) would have been the tool used to gain a FISA warrant on Flynn - whether through the Turkey work or through the IC's use of Halper.
This may also explain Judge Sullivan's freak out over "treason" and Mueller's mention of the Espionage Act re: Flynn.
This may also explain Judge Sullivan's freak out over "treason" and Mueller's mention of the Espionage Act re: Flynn.
The DOJ's latest filing in the Flynn Intel Group (Rafiekian) FARA case proves the point.
It's an admission that a FARA violation (even if not a criminal violatio) makes a person an "agent of a foreign government" under Section 951.
It's an admission that a FARA violation (even if not a criminal violatio) makes a person an "agent of a foreign government" under Section 951.
This update to the IG Report (referencing the opening of Crossfire Hurricane) puts our concerns into context: alleging FARA violations to open counterintelligence investigations.
Releasing the full Carter Page apps will be necessary to determine the full extent re: FISA.
Releasing the full Carter Page apps will be necessary to determine the full extent re: FISA.
New FISA declassification: Our suspicions have been confirmed.
They were using FARA as a basis, in part, for the FISA warrant on @carterwpage
This is significant. And perhaps this answers why FARA was never prosecuted...
They were using FARA as a basis, in part, for the FISA warrant on @carterwpage
This is significant. And perhaps this answers why FARA was never prosecuted...
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