FISA MEMO 1/23/18 Pages 2-4 @realDonaldTrump +++ #FLYNNL1VE5 +++ MEMO RELEASED #Qanon

in #fisa7 years ago (edited)

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I. BACKGROUND A. The Initial 2016 Certifications The September 26, 2016 Submission included .. certifications that were executed by the Attorney General ("AG") and the Director of National Intelligence ("DNI") pursuant to Section 702 of the of the .. certifications submitted in September (collectively refened to as "the Initial 2016 Certifications") was accompanied by the supporting affidavits of the Director of the National Security Agency ("NSA"), the Director of the Federal Bureau of Investigation ("FBI"), the Director of the Central Intelligence Agency ("CIA"), and the Director of the National Countertenorism Center ("NCTC"); two sets of targeting procedures, for use by the NSA and FBI respectively; 1 and four sets of minimization procedures, for use by the 1 The targeting procedures for each of the Initial 2016 Certifications are identical. The (continued ... )

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NSA, FBI, CIA, and NCTC respectively. 2 The September 26,2016 Submission also included an explanatory memorandum prepared by the Department of Justice ("DOJ") ("September 26, 2016 Memorandum"). The Court was required to complete its review of the Initial 2016 Certifications within 30 days of their submission, i.e., by October 26,2016. See 50 U.S.C. § 188la(i)(l)(B). The Court may extend this period, however, "as necessary for good cause in a manner consistent with national security." See 50 U.S.C. § 1881a(j)(2). The Court has issued two such extensions in these matters.

UnderWritten

1 ( ... continued) targeting procedures for the NSA ("NSA Targeting Procedures") appear as Exhibit A to each of the 2016 Certifications and the March 30, 2017 Submission includes identical amendments to those procedures for each of the certifications. (Unless otherwise specified, references to those targeting procedures shall refer to the procedures as amended, as discussed below, in the March 30, 2017 Submission.) The targeting procedures for the FBI ("FBI Targeting Procedures") appear as Exhibit C to each of the 2016 Certifications and are not amended by the March 30, 2017 Submission. 2 The minimization procedures for each of the Initial 2016 Certifications are identical. The minimization procedures for the NSA (''NSA Minimization Procedures") appear as Exhibit B to each of the 2016 Certifications and the March 30, 2017 Submission includes identical . amendments to those procedures for each of the certifications. (Unless otherwise specified, references to those minimization procedures shall refer to the procedures as amended, as discussed below, in the March 30, 2017 Submission.) .The minimization procedures for the FBI ("FBI Minimization Procedures") appear as Exhibit D to each of the 2016 Certifications. The minimization procedures for the CIA ("CIA Minimization Procedures") appear as Exhibit E to each of the 2016 Certifications. The minimization procedures for the NCTC ("NCTC Minimization Procedures") appear as Exhibit G to each of the 2016 Certifications. The minimization procedures for the FBI, CIA, and NCTC are not amended by the March 30, 2017 Submission.

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On October 24, 2016, the govermnent orally apprised the Court of significant noncompliance with the NSA's minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court. Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a wtitten submission regarding those compliance problems, see October 26, 2016, Preliminary and Supplemental Notice of Compliance Incidents Regarding the Querying of Section 702- Acquired Data ("October 26, 2016 Notice"), and the Coutt held a hearing to address them. The government reported that it was working to ascertain the cause(s) of those compliance problems and develop a remedial plan to address them. Without further infmmation about the compliance problems and the government's remedial efforts, the Court was not in a position to assess whether the minimization procedures accompanying the Initial 2016 Cettifications, as they would be implemented, would comply with statutmy standards and were consistent with the requirements ofthe Fourth Amendment. See 50 U.S.C. § 1881a(i)(3)(A)-(B). Accordingly, the Court found good cause to extend the time limit for its review of the Initial 2016 Certifications through January 31, 2017, and, based on the government's representations, found that such extension was consistent with national security.3 See Docket N entered on Oct. 26,2016 ("October26, 2016 Order").

Addendum

3 By operation of the statute, the predecessors to each of the Initia12016 Certifications and the procedures accompanying them remained in effect during the extended periods for the Court's consideration ofthe 2016 Certifications. See 50 U.S.C. § 1881a(i)(3)(A)-(B).

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THANKS TO ANTI SCHOOL ^^^

We are getting word that FBI Chief of Staff James Rybicki will be on the Hill Thursday to testify about the FBI’s mishandling of the Hillary Clinton email case.

Rybicki, who served ex-FBI Director James Comey as his chief of staff, will face questions from members of House Judiciary and the Oversight and Government Reform committees. The House Intelligence committee is likewise expected to question Rybiicki.

#FISA #MEMO #ReleaseTheMemo #Qanon #Deepstate #CIA

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