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The folly and illegality of FISA courts

A brief look at how the FISA warrants obtained against Carter Page were in violation of the Constitution of the United States of America – and no one paid attention

Seraphim Hanisch

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In the last several weeks, the term “FISA” has been widely used in discussion regarding the investigations into whether or not the campaign of Donald Trump was involved with Russian agencies in a collusion to win the White House. House Representative Devon Nunes compiled a summary document eliciting the abuses of the FISA warrant process, created through either knowing or unknowing biases against Candidate Trump, and the Democrat Party leadership just had their own “memo’s” declassification request refused, in an intentional effort to frame President Trump as “non-transparent.”

But a bigger issue is hiding in plain sight here, that being the constitutionality of the Foreign Intelligence Surveillance Act (FISA) itself, and the secret court which conduct this clandestine business. Just what is FISA, and is it actually legal?

History of the Foreign Intelligence Surveillance Act

The effective history of this act begins in 1974, after President Richard Nixon resigned from office. At that time, a bipartisan congressional investigation took place, which revealed that the ex-president had violated the Constitution in a number of ways. The most serious one was that he used FBI and CIA agents to spy on American citizens, which is a violation of federal law, and the Fourth Amendment of the US Constitution. For clarity, here is that amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This amendment is so clearly written that it is amazing to consider how a law that was used to directly contravene it could possibly be passed. Nevertheless, that is what happened. First, Mr. Nixon argued that the actions he took were necessary in order to shore up national security, but then he struck an unusually bold note and said:

When the President does it, that means it is not illegal.

Okay, so the Constitution can be broken by the Chief Executive, despite the fact that his oath is to protect, preserve and defend that very same Constitution, so help him God.

Congress took exception to the boldness of Nixon’s statement, but they oddly did NOT take exception to the matter the statement was about. Their solution was to pass a law, called the Foreign Intelligence Surveillance Act in 1978, during the Carter Administration. In a 102-page long document, this law specifies the conditions and procedures by which surveillance may be conducted against foreign agents operating in the United States. However, embedded in Title I of this Act, the stipulation ceases to specify that only non-citizens can fall under surveillance activities:

(2) any person who—

(A) knowingly engages in clandestine intelligence gathering activities for or on behalf of a foreign power, which activities involve or may involve a violation of the criminal statutes of the United States;

(B) pursuant to the direction of an intelligence service or network of a foreign power, knowingly engages in any other clandestine intelligence activities for or on behalf of such foreign power, which activities involve or are about to involve a violation of the criminal statutes of the United States;

(C) knowingly engages in sabotage or international terrorism, or activities that are in preparation therefor [sic], for or on behalf of a foreign power;

(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or

(E) knowingly aids or abets any person in the conduct of activities described in subparagraph (A), (B), or (C) or knowingly conspires with any person to engage in activities described in subparagraph (A), (B), or (C).

What does this mean (and what does it NOT mean?)

This is about as liberal as the statute gets, though, and through the rest of Section 101 of this law, the context is clearly stated that this is for the purpose of preventing violent acts, dangerous to human life from happening. Included in this description are things like sabotage, use of weapons of mass destruction, or clandestine intelligence by a foreign power.

In other words, these are very serious concerns. It is amazing that a surveillance warrant would therefore be obtained, not once, but four times, to track the behavior of a person who was involved in a presidential campaign, unless one is led to believe that Mr. Trump plans to destroy the United States of America.

That being said, this is the closest possible approach to “legality” of this act.  The double protection of American citizens both from primary targeting and also, as has been reported, the requirement stipulated under this provision that any data coming from any American citizen as the result of this surveillance MUST be destroyed and discarded, plus the context that this is a law designed to protect national security are both understandable under the Constitution.

This is not a violation of the Fourth Amendment, because the Fourth Amendment applies to American citizens.

But Carter Page is an American citizen.  He was in no way suspected of terrorism, or the use of weapons of mass destruction (though liberal snowflakes may be inclined to see it this way) against the United States or any of its citizens. Further, the secrecy of the FISA courts made it possible for the warrant to be obtained without due process granted as a legal right under the Constitution for every American citizen. Since every American citizen is granted the right to due process of law, this is at the very least, a completely unconstitutional attempt to “apply” FISA.

This means that the use of FISA against him was illegal in every sense possible. This is an indefensible position unless one believe that Donald Trump is, himself, an explosive device capable of causing death and injury to mass numbers of Americans. To all accounts, the President is anything but a bomb. Unless you are this person, maybe…

What we appear to have here comes down to two problems. The first is the attempt to legalize what is illegal by making a 102 page document designed to show how to skirt the Fourth Amendment, which really does not need to even be skirted, as the Fourth Amendment applies to American citizens, and not foreigners who have no naturalized status at all in the USA. The second is the abuse of an act designed to protect national security, most directly against terrorism, and its use against a relatively minor operative in a political campaign for the presidency of the United States. This last problem has been revealed through the Nunes memo as being a case of strong political bias in action, resulting in a massive abuse of power. But the twisting of the text of FISA itself is probably the seed text for the strange sounding statements of Democrats like Nancy Pelosi, who were asking that the Nunes memo not be made public because “it was a threat to national security.”

While it appears that the only national security at risk was that of the National Democrat Party, it becomes easier to understand and penetrate the sophistry of the liars we keep electing to office in some parts of the country.

This also reveals the extreme importance of understanding the Law of the Land that is our Constitution. The reports about the FISA warrants in this case have been heavy on the abuse of power through political bias, but they have not gone far enough to examine the legality of this law in of itself, and further, to question other abuses and ways this law has been twisted against American citizens to fulfill the desires of those entrusted with power in our government.

Hopefully we can start asking those questions now.

 

 

 

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Nigel Farage lashes out at Angela Merkel, as Chancellor attends EU Parliament debate (Video)

The Duran Quick Take: Episode 17.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris take a quick look at Nigel Farage’s blistering speech, aimed squarely at Angela Merkel, calling out the German Chancellor’s disastrous migrant policy, wish to build an EU army, and Brussels’ Cold War rhetoric with Russia to the East and now the United States to the West.

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The Ukrainian President Signs a Pact With Constantinople – Against the Ukrainian Church

There is still a chance to prevent the schism from occurring.

Dmitry Babich

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Authored by Dmitry Babich via Strategic Culture:


Increasingly tragic and violent events are taking their toll on the plight of the canonical Ukrainian Orthodox Church of Ukraine . After several fights over control of the church’s property, prohibitions and blacklists are starting to spread, affecting respected church figures coming from Russia to Ukraine. The latest news is that the head of the Moscow Theological Academy, Archbishop Amvrosyi Yermakov, was deported from Ukraine back to Russia. Amvrosyi’s name popped up on the black list of Russian citizens who are not deemed “eligible to visit” Ukraine. Obviously, this happened right before his plane landed in Zhulyany, Kiev’s international airport. After a brief arrest, Amvrosyi was put on a plane and sent back to Moscow. This is not the first such humiliation of the Orthodox Church and its priests that has taken place since the new pro-Western regime came to power in Kiev in 2014. Patriarch Kirill of the Russian Orthodox Church has been declared persona non grata throughout Ukraine since 2014. That decision was made by humiliatingly low-level officials. A department within the Ukrainian ministry of culture published a ruling stating that Kirill’s visit to Ukraine’s capital of Kiev “would not be desirable.”

Since the ancestors of modern Russians, Belarusians, and Ukrainians were first baptized in 988 in Kiev, the Patriarchs of the Russian Church have never had problems visiting Kiev, the birthplace of their church. Not even under the Bolsheviks did such prohibitions exist. So, for Patriarch Kirill of the Russian Orthodox Church to be denied permission to visit Kiev can only be compared to a possible prohibition against the pope visiting Rome. Since 2014, there have also been several criminal cases filed against the priests of the canonical Ukrainian Orthodox Church (UOC MP) because they have called the hostilities in eastern Ukraine a “civil war” and have discouraged the faithful from supporting that war. This has been interpreted by the Ukrainian state authorities as a call for soldiers to desert the army.

Why Poroshenko’s meeting with Bartholomew is ominous

Despite the fact that the UOC MP has become used to all sorts of trouble since 2014, things have been looking even worse for the canonical church lately, as 2018 draws to a close. In early November 2018, Ukrainian President Petro Poroshenko broke the wall of separation between church and state in the most overt manner possible — he signed “an agreement on cooperation and joint action” between Ukraine and the so called Constantinople Patriarchate, the oldest institution of Orthodox Christianity, which is now based in Turkish Istanbul.

Rostislav Pavlenko, an aide to Poroshenko, wrote on his Facebook page that the agreement (not yet published) is premised on the creation of a new “autocephalous” Orthodox Church of Ukraine — a development that the official, existing Orthodox Churches in Russia and Ukraine view with foreboding as a “schism” that they have done all they can to prevent. Why? Because Poroshenko’s regime, which came to power via a violent coup in Kiev in 2014 on a wave of public anti-Russian sentiment, may try to force the canonical Orthodox Church of Ukraine to merge with other, non-canonical institutions and to surrender to them church buildings, including the famous monasteries in Kiev and Pochai, as well as other property.

President Poroshenko was visibly happy to sign the document — the contents of which have not yet been made public — on cooperation between the Ukrainian state and the Constantinople Patriarchate, in the office of Bartholomew, the head of the Constantinople Patriarchate. Poroshenko smiled and laughed, obviously rejoicing over the fact that the Constantinople Patriarchate is already embroiled in a scandalous rift with the Russian Orthodox Church and its Ukrainian sister church over several of Bartholomew’s recent moves. Bartholomew’s decision to “lift” the excommunication from two of Ukraine’s most prominent schismatic “priests,” in addition to Bartholomew’s declaration that the new church of Ukraine will be under Constantinople’s direct command — these moves were just not acceptable for the canonical Orthodox believers in Russia and Ukraine. Kirill, the Patriarch of the Russian Orthodox Church (ROC), as well as Onufriy, the Metropolitan of Kiev and all Ukraine, are protesting loudly, viewing this situation as a breach of two basic principles. First of all, the Ukrainian state has interfered in the church’s affairs, asking Constantinople to give the Ukrainian church “autocephaly,” which that church never requested. Second, Constantinople itself has interfered in the affairs of two autonomous national churches, the Russian and the Ukrainian. In the eyes of Ukrainian and Russian clergy, Bartholomew is behaving like the Roman pope and not as a true Orthodox leader who respects the autonomy and self-rule of the separate, national Orthodox Churches.

The Russian President sympathizes with the believers’ pain

Two days before Poroshenko made his trip to Istanbul, Russian president Vladimir Putin broke with his usual reserve when commenting on faith issues to bitterly complain about the pain which believers in Russia and Ukraine have experienced from the recent divisions within the triangle of Orthodoxy’s three historic capitals — Constantinople, Kiev, and Moscow.

“Politicking in such a sensitive area as religion has always had grave consequences, first and foremost for the people who engaged in this politicking,” Putin said, addressing the World Congress of Russian Compatriots, an international organization that unites millions of ethnic and cultural Russians from various countries, including Ukraine. Himself a practicing Orthodox believer, Putin lauded Islam and Judaism, while at the same time complaining about the plight of Orthodox believers in Ukraine, where people of Orthodox heritage make up more than 80% of the population and where the church has traditionally acted as a powerful “spiritual link” with Russia.

Despite his complaints about “politicking,” Putin was careful not to go into the details of why exactly the state of affairs in Ukraine is so painful for Orthodox believers. That situation was explained by Patriarch Kirill. After many months of tense silence and an unsuccessful visit to Barthlomew’s office in Istanbul on August 31, Kirill has been literally crying for help in the last few weeks, saying he was “ready to go anywhere and talk to anyone” in order to prevent the destruction of the canonical Orthodox Church in Ukraine.

Politics with a “mystical dimension”

Kirill said the attack against the Orthodox Church in Ukraine “had not only a political, but also a mystical dimension.” Speaking in more earthly terms, there is a danger that the 1,000-year-old historical Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) — which now owns 11,392 church buildings, 12,328 parishes, and two world-famous monasteries in Ukraine — will be dissolved. The roots of the UOC MP go back to the pre-Soviet Russian Empire and even further back to the era of Kievan Rus, the proto-state of the Eastern Slavs in the tenth-twelfth centuries AD, when the people who would later become Russians, Ukrainians, and Byelorussians were adopting Orthodox Christianity from the Byzantine Empire. It is by far the biggest church in Ukraine, as Mikhail Denisenko’s non-canonical “alternative” church has only 3,700 parishes that include church buildings (fewer than a third of what is owned by the UOC-MP, despite the fact that Denisenko enjoys official support from the Ukrainian state).

What many Russian and Ukrainian believers fear is that the Istanbul-based Patriarch Bartholomew will eventually grant Kiev what is being called autocephaly. In that event, the UOC-MP may be forced to merge with two other, non-canonical churches in Ukraine that have no apostolic liaison. The apostolic succession of the UOC-MP consists in the historical fact that its first bishops were ordained by medieval bishops from Constantinople, who had in turn been ordained by Christ’s disciples from ancient Israel. Apostolic succession is crucial for the Orthodox Church, where only bishops can ordain new priests and where the church’s connection to the first Christians is reflected in many ways, including in the clergy’s attire.

Metropolitan Hilarion (his secular name is Grigory Alfeyev), the Russian church’s chief spokesman on questions of schism and unity, accused the patriarch of contributing to the schism by officially “lifting” the excommunication from Ukraine’s most prominent schismatic church leader — the defrocked former bishop Mikhail Denisenko. That clergyman stands to gain most from the “autocephaly” promised to Poroshenko by Patriarch Bartholomew. A hierarchical Orthodox Church is considered to have autocephalous status, as its highest bishop does not report to any higher-ranking bishop. Ukrainian President Petro Poroshenko has stated that for Ukraine to be granted autocephaly from Istanbul, this would mean a complete “reformatting” of the country’s religious status quo and the severing of all links to Orthodox Russia and its “demons.”. Most likely, the new “united” church won’t be headed by the UOC MP’s Metropolitan, but by Mikhail Denisenko, who was excommunicated by both the UOC MP and the Russian church back in 1997 and with whom real Orthodox priests can only serve against their will and against the church’s internal rules.

Constantinople’s first dangerous moves

On October 11, 2018, the Constantinople Patriarchate made its first step towards granting autocephaly by repealing its own decision of 1686 that gave the Moscow Patriarch primacy over the Kiev-based Metropolitan. This 17th-century decision reflected the political reality of the merger between the states of Russia and Ukraine and established some order in the matters of church administration. After the collapse of the Soviet Union in 1991, Moscow gave the Ukrainian church complete independence in financial and administrative matters, but the two churches retained their cherished “spiritual unity.” “Constantinople’s decision is aimed at destroying that unity,” the ROC’s Patriarch Kirill explained. “We can’t accept it. That is why our Holy Synod made the decision to end eucharistic communication with the Constantinople Patriarchate.”

How Moscow “excommunicated” Bartholomew

The end of eucharistic communication means that the priests of the two patriarchates (based in Moscow and Istanbul) won’t be able to hold church services together. It will be maintained as long as the threat of autocephaly continues. The Western mainstream media, however, interpreted this decision by the Russian church as a unilateral aggressive act. The NYT and the British tabloid press wrote that it simply reveals Putin’s “desperation” at not being able to keep Ukraine’s religious life under control.

However, Patriarch Bartholomew seems undeterred by the protests from the Russian faithful and the majority of Ukraine’s believers. Bartholomew said in a recent statement that Russia should just follow the example of Constantinople, which once granted autocephaly to the churches of the Balkan nations. Bartholomew’s ambassadors in Kiev do not shy away from communicating with the self-declared “Patriarch” Filaret (Mikhail Denisenko’s adopted religious name from back when he was the UOC MP’s Metropolitan prior to his excommunication in 1997). For true Orthodox believers, any communication with Denisenko has been forbidden since 1992, the year when he founded his own so-called Ukrainian Orthodox Church of the Kiev Patriarchate (UOC-KP). Unfortunately, Denisenko enjoys the full support of Ukrainian President Poroshenko, and recently the US State Department began encouraging Denisenko, by giving its full support to Ukraine’s autocephaly.

The lifting of Denisenko’s excommunication by Patriarch Bartholomew in Istanbul both upset and embittered the Orthodox believers in both Ukraine and Moscow, since Denisenko was excommunicated by a joint decision of the Russian church and the UOC MP in 1997, after a five-year wait for his return to the fold of the mother church. So, by undoing that decision, Constantinople has interfered in the canonical territory of both the Ukrainian and the Russian churches.

The UOC-MP protested, accusing not only Patriarch Bartholomew, but also the Ukrainian state of interfering in the church’s affairs. “We are being forced to get involved in politics. The politicians do not want Christ to run our church; they want to do it themselves,” said Metropolitan Onufriy (Onuphrius), the head of the UOC-MP, in an interview with PravMir, an Orthodox website. “Since the collapse of the Soviet Union in 1991, the Ukrainian Orthodox Church of the Moscow Patriarchate has been independent. Our church did not ask for autocephaly, because we already have independence. We have our own Synod (church council) and our own church court. Decisions are made by a congress of bishops and priests from all over Ukraine. We have financial and administrative independence, so autocephaly for us will be a limitation, not an expansion of our rights.”

Poroshenko’s premature jubilation

Meanwhile, Ukrainian President Poroshenko did not conceal his jubilation about Constantinople’s moves. “This is a victory of good over evil, light over darkness,” Poroshenko said when the news about the lifting of Denisenko’s excomnmunication came from Istanbul in early October.

Poroshenko said he wanted a “united Orthodox Church” for his country, and he openly pressured Patriarch Bartholomew to provide autocephaly to Kiev during his visits to Istanbul in the spring of 2018 and in November of the same year. Meanwhile, Denisenko said that the provision of autocephaly would mean the immediate dispossession of the UOC MP. “This Russian church (UOC MP) will have to cede control of its church buildings and famous monasteries to the new Ukrainian church, which will be ours,” Denisenko was quoted by Ukrainian media as saying. “These monasteries have been owned by the state since Soviet times, and the state gave them to the Russian church for temporary use. Now the state will appoint our communities of believers as the new guardians of this heritage.” Denisenko also made a visit to the US, where he met Undersecretary of State Wess Mitchell, obtaining from him America’s active support for the creation of a “unified” Ukrainian church.

There is still a chance to prevent the schism from occurring. Poroshenko’s presidential aide, Rostislav Pavlenko, made it clear on Tuesday that the actual “tomos” (a letter from the Constantinople Patriarchate allowing the creation of an autocephalous church) will be delivered only IN RESPONSE to a request from a “unifying convention” that represents all of Ukraine’s Orthodox believers in at least some sort of formal manner. This new convention will have to declare the creation of a new church and elect this church’s official head. Only then will Constantinople be able to give that person the cherished “tomos.”

Since the UOC-MP has made it very clear that it won’t participate in any such convention, the chances of the smooth transition and easy victory over the “Muscovite believers” that Poroshenko wants so badly are quite slim. There are big scandals, big fights, and big disappointments ahead.

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Trump DEMOLISHES Macron; Tweets ‘Make France Great Again’ (Video)

The Duran Quick Take: Episode 16.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris take a quick look at US President Trump’s tweetstorm aimed at French President Macron, who just days ago used the WW1 ceremony in Paris to ridicule and talk down to the US President in front of world leaders.

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Via Zerohedge

Macron’s office has refused to comment on Trump’s claims.

OFFICE OF FRENCH PRESIDENT MACRON SAYS IT REFUSES TO MAKE ANY COMMENT REGARDING TRUMP’S TWEETS CRITICISING FRANCE AND MACRON

* * *

Without directly referencing the rumors, Trump has branded reports that he refused to appear at a cemetery for American soldiers because he didn’t want to get his hair wet as “fake news.” In the tweet, Trump insisted that he wanted the Secret Service to drive him to the speech instead of taking a helicopter, but they refused because of security concerns. He added that he gave a speech at the cemetery the next day in the pouring rain – something that was “little reported”.

Trump’s rampage against Macron continues. The president slammed his French counterpart for his low approval rating, as well as France’s high unemployment. Furthermore, in response to Macron’s “nationalist” snub, Trump pointed out that “there is no more nationalist country” than France..

…before adding a spin on his classic slogan.

Trump’s rage against Macron continues, but this time, the topic is slightly more serious. What could be more serious than questioning the foundation of Post-WWII military alliances, you might ask? The answer is simple – trade!

Trump conceded that while France makes “very good wine” (an interesting claim from Trump, who doesn’t drink), the country “makes it hard for the US to sell its wine into France, and charges very big tariffs”. Meanwhile “The US makes it easy for French wines and charges small tariffs.”

“Not Fair, must change!”

We now await Trump’s order of an investigation into the national security implications of imported French wine.

* * *

President Trump isn’t ready to forgive the “French diss” served up over the weekend by President Emmanuel Macron.

During a ceremony honoring the 100th anniversary of World War I at the Arc de Triomphe on Sunday, French President Emmanuel Macron insulted Trump to his face by launching into a screed about the dangers of toxic “nationalism” and subtly accusing the US of abandoning its “moral values”.

This did not sit well with the US president, who was already facing criticism over his decision to show up late to a ceremony honoring the war dead (the administration blamed it on security concerns though it’s widely suspected that Trump didn’t want to get his hair wet), and Trump has let his displeasure be known in a series of tweets ridiculing Macron’s suggestion that Europe build its own army, saying that France and other European members of NATO would be better served by paying their fair share for NATO while daring them to leave and pay for their own protection.

And in his most abrasive tweet yet mocking the increasingly unpopular Macron’s imperial ambitions (no, really), Trump pointed out that, historically speaking, Europe has been its own worst enemy, and that while Macron wants to defend the Continent from the US, China and Russia, “it was Germany in WWI & WWII,” adding that “they were starting to learn German in Paris before the US came along. Pay for NATO or not!”

Of course, Macron isn’t the only French official calling for the creation of a “European army”. The country’s finance minister advocated for the creation of a Continental army during an interview with Germany’s Handelsblatt – a comment that was derided by the paper’s editors, who pointed out that Germans “weren’t very supportive” of the idea. One wonders why…

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