Audit of FISA Applications Provide More Evidence of Political Motivation for Carter Page Warrants

In the aftermath of the DOJ's Inspector General finding material finding "apparent errors or inadequately supported facts" in the DOJ's FISA applications to surveil Carter Page, the DOJ undertook a comprehensive review of practices to determine whether those errors were common or uncommon.

The answer to that question would help determine whether the Carter Page warrants were politically motivated or not. If those errors are common, for example, then the FBI is systematically riding roughshod over Americans' rights so that they can get secret warrants issued and surveil anyone and everyone they possibly can.

If, on the other hand, those errors were unique to Carter Page, then the FBI is generally by the book, but for some reason, in this case, they broke the rules so that they could procure a warrant. Conservatives will argue that the reason was politically motivated.

Benjamin Wittes from the Lawfare Blog put it well: "If the FBI botched its applications for Foreign Intelligence Surveillance Act warrants against Mr. Page because of political bias, after all, problems of the sort Mr. Horowitz identified are most likely unique to this case."

In the first phase of the review, the Horowitz audited 29 FBI applications to the FISA court and found "widespread problems" including deficient documentation in 4 of the 29 and "apparent errors or inadequately supported facts" in the remaining 25. The discovery that every one of the reviewed applications had problems (an average of 20 issues/application) supports the position that the FBI's application process is awful and the Carter Page warrants were not politically biased but just business as usual.

The next phase of the investigation would look more closely at the errors and determine if they were material or not--if they resulted in warrants that should not have been granted. They determined that "nearly all of the inaccuracies" were minor. 

This supports the argument that the FISA warrants against Page and the errors committed to guarantee them were politically motivated.

Furthermore, it is worthwhile to compare the errors found in the comprehensive audit to those in the Carter Page warrants. 

From the audit:

"The FBI stressed in its new filing that many of the apparent mistakes it identified were minor, involving typographical errors, agents using the wrong dates for underlying documents or misidentifying underlying documents."

From the original review of the Carter Page warrants:

"The errors in the FISA applications on Carter Page were significant and serious. They were not, in my experience, the kind of errors you would expect to find in every case. ... It’s not acceptable to rely on a Confidential Human Source and then not check with his FBI handler in describing his bona fides to the FISA Court. It’s not acceptable to omit some potentially exculpatory recorded statements made by the FISA target to a source. It’s not acceptable to leave unresolved credibility and perhaps factual disputes between a key source and his primary subsource. It’s not acceptable, after closing the key source, to continue to get information from him through an Office of the Deputy Attorney General (ODAG) staffer, thereby effectively treating him as a subsource of the ODAG staffer. And it’s certainly not acceptable for an FBI attorney to alter an email from another intelligence community agency as to whether the other agency had contact with the FISA target or treated him as a source. (Internal citations omitted.)"

I will leave it to the reader to decide for themselves if the errors in the Carter Page applications were similar to those found in the subsequent audit, and if not, what was the driving force that led to the errors in the former.