Media spin on the FISA report versus what the report actually says

BREAKING: Russia probe report finds no evidence of political bias, despite performance failures, per summary obtained by AP. https://t.co/cje8vNKl41— The Associated Press (@AP) December 9, 2019

The DoJ inspector general has found that the FBI’s Russia investigation was justified and untainted by political bias, debunking Trump’s “deep state conspiracy” nonsense. He also found serious problems with the Carter Page FISA application, which should concern everyone.— Ken Dilanian (@KenDilanianNBC) December 9, 2019

They took these headlines from this text:

We concluded that the failures described above and in this report represent serious performance failures by the supervisory and non-supervisory agents with responsibility over the FISA applications. These failures prevented OI from fully performing its gatekeeper function and deprived the decision makers the opportunity to make fully informed decisions. Although some of the factual misstatements and omissions we found in t his review were arguably more significant than others, we believe that all of them taken together resulted in FISA applications that made it appear that the information supporting probable cause was stronger than was actually the case.

We identified at least 17 significant errors or omissions in the Carter Page FISA applications, and many additional errors in the Woods Procedures. These errors and omissions resulted from case agents providing wrong or incomplete information to OI and failing to flag important issues for discussion. While we did not find documentary or testimonial evidence of intentional misconduct on the part of the case agents who assisted OI in preparing the applications, or the agents and supervisors who performed the Woods Procedures, we also did not receive satisfactory explanations for the errors or problems we identified. In most instances, the agents and supervisors told us that they either did not know or recall why the information was not shared with OI, that the failure to do so may have been an oversight, that they did not recognize at t he time the relevance of t he information to t he FISA application, or that they did not believe the missing information to be significant . On this last point, we believe that case agents may have improperly substituted their own judgments in place of the j udgment of OI, or in place of the court, to weight the probative value of the information. Further, the failure to update OI on all significant case developments relevant to the FISA applications led us to conclude that the agents and supervisors did not give appropriate attention or treatment to the facts that cut against probable cause, or reassess the information supporting probable cause as the investigation progressed. The agents and SSAs also did not follow, or appear to even know, the requirements in t he Woods Procedures to reverify the factual assertions from previous applications that are repeated in renewal applications and verify source characterization statements with the CHS handling agent and document the verification in the Woods File.

That so many basic and fundamental errors were made by three separate, hand- picked teams on one of the most sensitive FBI investigations that was briefed to the highest levels within the FBI, and that FBI officials expected would eventually be subjected to close scrutiny, raised significant questions regarding the FBI chain of command’s management and supervision of the FISA process. FBI Headquarters established a chain of command for Crossfire Hurricane that included close supervision by senior CD managers, who then briefed FBI leadership throughout the investigation. Although we do not expect managers and supervisors to know every fact about an investigation, or senior officials to know all the details of cases about which they are briefed, in a sensitive, high-priority matter like this one, it is reasonable to expect that they will take the necessary steps to ensure that they are sufficiently familiar with the facts and circumstances supporting and potentially undermining a FISA application in order to provide effective oversight, consistent with their level of supervisory responsibility. We concluded that the information that was known to the managers, supervisors, and senior officials should have resulted in questions being raised regarding the reliability of the Steele reporting and the probable cause supporting the FISA applications, but did not.

In our view, this was a failure of not only the operational team, but also of the managers and supervisors, including senior officials, in the chain of command. For these reasons, we recommend that the FBI review the performance of the employees who had responsibility for the preparation, Woods review, or approval of the FISA applications, as well as the managers and supervisors in the chain of command of the Carter Page investigation, including senior officials, and take any action deemed appropriate. In addition, given the extensive compliance failures we identified in this review, we believe that additional OIG oversight work is required to assess the FBI’s compliance with Department and FBI FISA-related policies that seek to protect the civil liberties of U.S. persons. Accordingly, we have today initiated an OIG audit that will further examine the FBI’s compliance with the Woods Procedures in FISA applications that target U.S. persons in both counterintelligence and counterterrorism investigations. This audit will be informed by the findings in this review, as well as by our prior work over the past 15 years on the Department’s and FBI’s use of national security and surveillance authorities, including authorities under FISA.

This report condemns the FBI, makes it clear that agents misrepresented events to the FISA court to justify surveillance of an American citizen and presidential campaign. And the details are a hell of a lot more damning than this excerpt.

Do you think the media has poor reading comprehension, or do you think they are deliberately lying to their audience?

The issue in this report was not political bias. Supervisors made ill-informed decisions that abused the constitutional rights of US citizens from a position of pure ignorance, because their underlings decided to withhold significant contradictory and exculpatory evidence from them as they chose to rubberstamp the paperwork. That is not a defense of the FBI.

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