The Woods Procedures

Sheryl Attkisson, the former CBS reporter who is suing the Justice Department and others for, she says, illegally spying on her, authored a widely ignored article in the Hill that clarifies some of the problems critics have with the FISA warrants approved against Carter Page. I know that those who are determined to deny that anything is amiss regarding the FBI as long as the agency appears to be adversarial against this President don’t care about such niceties, but maybe they should stop humming with their fingers in their ears long enough to learn something.

The Woods Procedures were named for the FBI official who drafted the rules as head of the Office of General Counsel’s National Security Law Unit, Michael Woods.  In April 2001. these rules were established to “ensure accuracy with regard to … the facts supporting probable cause,” after the FBI had presented inaccurate information to the FISA court several times, with “[i]ncorrect information …repeated in subsequent and related FISA packages,” the FBI told Congress in August 2003.  Under the Woods procedures, each and every fact presented in an FBI request to electronically spy on a U.S. citizen must be thoroughly vetted for accuracy, and presented to the court only if verified.

As Attkisson points out, we know that this rigorous standard was not followed.

“There’s no dispute that at least some, if not a great deal, of information in the anti-Trump “Steele dossier” was unverified or false. Former FBI director James Comey testified as much himself before a Senate committee in June 2017. Comey repeatedly referred to “salacious” and “unverified” material in the dossier, which turned out to be paid political opposition research against Donald Trump funded first by Republicans, then by the Democratic National Committee and the Hillary Clinton campaign….Yet Comey allegedly signed three of the FISA applications on behalf of the FBI. Deputy Director Andrew McCabe reportedly signed one and former Attorney General Sally Yates, then-Acting Deputy Attorney General Dana Boente and Deputy Attorney General Rod Rosenstein each reportedly signed one or more…”
When Robert Mueller—where have I heard that name before?— was head of the FBI, here was the process that he insisted that his agency go through before it could meet the Woods Procedures with appropriate confidence: Continue reading

Ethics Note To CNN’s Don Lemon: “Beyond A Reasonable Doubt” Is A Stringent Standard And The Jury Knows Best…And I’m Withdrawing My Endorsement For President

Stop blaming the juries!

Stop blaming the juries!

Once again, a criminal trial with racial overtones has caused an outbreak of criticism over a jury verdict and the jury system, by those who have a professional obligation to know better.

This time, it’s the so-called “loud music case,” that just ended with the accused, Michael Dunn, convicted of four charges (three of attempted second-degree murder) with the fifth charge, first-degree murder, resulting in a jury stalemate. Dunn claimed that he acted in self-defense when he repeatedly fired a gun at an SUV containing four African-American teens in 2012, over an altercation regarding their playing music too loudly. One of those teens, unarmed 17-year-old Jordan Davis, was killed by his gunfire.

CNN news anchor Don Lemon, in a series of rants on his show and also on Twitter, announced to his audience that Dunn should be convicted of first degree murder, and that Lemon would be outraged if he was not. Continue reading