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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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Every dirty Democrat trick shows in bid to oust Kavanaugh

American democracy truly is mob rule now, and the mob is stupid, with no one taking a moment to truly consider the situation.

Seraphim Hanisch

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The most amazing thing about what is ostensibly the last minute “Hail Mary” smear campaign by the left against Judge Brett Kavanaugh is how utterly transparently partisan it is. Let’s look at the list of tactics used thus far in this very dirty escapade:

  • Democrat Senator Diane Feinstein sat on this allegation for three months, until after the confirmation hearings were over (and after no other barnstorming tactic during the confirmation hearings worked against the nominee).
  • The accuser, Christine Blasey Ford, is a registered Democrat, and a feminist. RT notes that she appears to have a strong interest in politics.
  • Reports of “death threats” against Dr. Ford have been reported. This is a common feature of any anti-Trump attack, to relate him to some sort of “right-wing” radicalism. This radicalism does not exist among conservatives, but the media is determined to say otherwise.
  • Democrat Senate Minority Leader Chuck Schumer, naturally, believes Ford’s story.
  • Every Democrat senator is in agreement that this matter should table the confirmation vote. Some Republicans were at first but appear to be backing away.
  • A woman Democrat senator,  Mazie Hirono, went on record telling men to “shut up and step up.” It seems abundantly clear that this assumes that there can only be one “step” that the men are expected to do. A second lady senator , Patty Murray of Washington, gave all men a warning against stepping off the plantation by saying “Women are watching.”
  • The Senate Republicans offered a chance for Dr Ford to testify on Monday. She refused, but now she is offering to come “next Thursday” – this is ten days later, past the October 1 start date of the US Supreme Court, and closer to the November Midterm elections.

We interrupt this list to make this point. The issues at hand are threefold.

First, the Democrats and other left-wing activists are terrified that they will lose the “Warren Court”, which is the name of the Supreme Court Justice who was a major left-wing judicial activist that enabled the Court to “legislate from the bench” along liberal policy lines since 1969. If Kavanaugh comes in, even if President Trump is somehow magically removed from office, his mark will remain on the Court for at least a generation. Of course, the removal of President Trump is predicated on the Democrats regaining control of the House, which actually looks somewhat likely if polling data is to be believed, and of course a Democrat Senate. (The actual tiny caveat that the President has done absolutely nothing which warrants impeachment will not be taken into consideration. He is to be eliminated. That is Democrat point number one, and make no mistake.)

Second, if the Judge is confirmed, it will look great on the President’s achievement list and energize his voter base even more than it already is. The result could be that the Senate expands its Republican majority, and gains Trumpian conservatives in its ranks, which would likely help the President continue his really great agenda. A defeat in the House that holds or expands GOP, again with Trumpian conservatives, would solidify this, and make it more difficult to stop Trump’s re-election and further solidification of reforms in 2020.

Third, and probably even more important, is that the possibility of a third seat getting vacated on the Court in the time period between now and 2024 is relatively high. Ruth Bader Ginsburg is the oldest Justice on the Court, and she is a raving liberal. If she retires (which she promises not to do), or if she is retired by the processes of old age, Trump can score a three-peat and get a third constitutionalist justice into the Court and that will signal the closure of one of the biggest avenues of liberal activism.

To return to the list, some of the further characteristics that make this situation patently obvious are these:

  • As reported in The Duran, the smear job is looking a bit ragged around the edges as time goes by. President Trump called Dr Ford’s bluff by saying he is interested in having her come to testify and that it would be “unfortunate” if she didn’t do so. Ford’s response was as shown above, to try and delay this testimony.
  • The Hollywood “sisterhood” is on record defending Dr Ford. For them, she’s right. She said Kavanaugh did this, so she is right. And why? Because she is a woman, a feminist and a Democrat. She is one of them. It would very interesting to know if the sisterhood would stand behind a conservative woman raising such a concern against a Democrat, but we have President Clinton to show how well that all went.

This by no means concludes the list of characteristics, but as noted earlier here, anyone that does even just a little critical thinking about this can see that this issue is no moral outrage, it is strictly partisan hackery, making use of the greatest weapon against conservative men put in use over the last fifty years – the sexual allegation from a woman, who must always be believed, because the woman is always right. 

The unfortunate truth is that this tactic works. It works because most men are actually gentlemen. We honor women, and we are taught to defer to them in America, because that is what a gentleman does. Feminism takes this characteristic of men, especially in modern times who really want to make sure they treat the ladies right, and it throws it back in their face in contempt. It is so bad it even has a physiological effect on men, who are now marrying less, and having fewer kids. There are even physiological changes that result from this abuse.

Further, there is an appalling lack of critical thinking in our society. The British news site, The Independent offers a poll with questions about the Kavanaugh case. The astonishing lack of critical thinking is clearly evident as the reader votes his or her thought and then sees the results for that question. Going through the questions and observing their responses can be very illuminating.

Dr Ford is demanding an FBI investigation, but she has no date, time or location attached to the incident she accuses now-Judge Kavanaugh of perpetrating. Rush Limbaugh did a great job at showing just how absurd this demand actually is, given these glaring areas of non-knowledge and we include some of that transcript below:

What would happen, let’s say — I don’t know — in the last 10 years up to last week if any woman had walked into any FBI office in the country and said the following: “Hi. I’m here to report that I was abused 35 years ago. I was — I was — I was at a party. Uh, I was 15, a little bit to drink, and a 17-year-old guy pushed me down on top of a table and laid on top of me. And then — and then and then I think — I think — a friend came in and did something and anyway they left and I was left locked in the room. And I want to you to investigate.”

Do you think if somebody shows up at an FBI office with that story, if they show up in person with that story, that the FBI is gonna give it any time whatsoever? The agents are gonna look at each other with kind of wary eyes and they’re gonna crack silent jokes to one another. I’m not kidding. You take this out of the realm of a letter to a crazed, partisan United States senator, Dianne Feinstein, and just move this into the victim walking into an FBI office, “It was 35 years, 34 years. I’m not sure where. But I know that when I was 15, I was at a party, and some guy jumped on top of me.”

So let’s say the FBI agent decides to actually take this further and in a very respectful way says, “Well, Miss, were you raped or injured?”

“Uh, no, not really.”

“Did you report this or tell anyone at the time, 36, 35 years ago?”

“Uh, no.”

“What year was this, again, that this happened?”

“Uhhh, I’m not — I’m not sure. I think it was 1982.”

“Where did this happen?”

“I don’t know! I don’t know. I was so traumatized; I don’t remember any of it. I just remember some guy jumping on me and I was drunk and — and I don’t know. But I want you to investigate it.”

“Okay. Ma’am, were there any witnesses?”

“Just the one friend of his that pushed him off, and then they left before he could do anything.”

What would the FBI do with this, if that scenario happened in one of their field offices? I will tell you what they would do: Zip, zero, nada. And the reason for bringing it up this way is to try to shine some kind of a different light on this and try to put this kind of allegation in some kind of context. The president is handling this in a quite fascinating way. He’s saying, “I hope she shows up. I want to hear what she has to say. I really hope she shows up. I’m very interested in what she has to say. We all are. And if she shows up and if she’s credible, why, then we’re gonna have to do something about that.”

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Russian Hierarch explains Ukrainian issue in detail (VIDEO)

A Russian Orthodox Hierarch explores the incursion of earthly politics into the life, pastoral activity and needs of the Orthodox Church.

Seraphim Hanisch

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RT’s “Worlds Apart” interview program recently interviewed Metropolitan Hilarion (Alfeyev), a hierarch who heads the Department of External Church Relations for the Moscow Patriarchate of the Orthodox Church. The Duran has covered the crisis in Ukraine surrounding the activity of the Ecumenical Patriarch, Bartholomew I, of Constantinople, intended to create a fully independent Ukrainian Orthodox Church. This effort falls completely outside the normal and authorized operating procedures of the Orthodox Church, but to the lay listener it is difficult to understand what the fuss really is all about.

Metropolitan Hilarion and Oksana Boyko do an excellent job with both the answers, but more importantly, the questions, since Ms. Boyko asks the questions that someone who knows nothing about the Church might ask. This situation is completely about politics and not about the true work of the Church, and Met. Hilarion answers these questions very completely and thoroughly.

One of the really interesting points that Met. Hilarion makes is the idea that the Ecumenical Patriarch seeks to bring about the creation of a fully independent Ukrainian Orthodox Church from these four groups:

  • The Ukrainian Orthodox Church of the Moscow Patriarchate (which is canonical and which has not requested self-rule, called autocephaly
  • The Ukrainian Orthodox Church “Kyiv Patriarchate”, led by Filaret Denisenko, which is a completely schismatic group. This group, and Filaret, are leading the charge.
  • The Ukrainian Orthodox Autocephalous Church – another schismatic group that is not in communion with Filaret’s church
  • The Greek Catholic Church of Ukraine – and this is truly interesting, because this group is not even Orthodox, but is an Eastern Rite group under the Pope of Rome, and is in fact Roman Catholic.

The notion of bringing together such a disparity of groups is stunning to the Metropolitan, and yet he understands the motives of the men driving this idea, President Petro Poroshenko of Ukraine, Patriarch Bartholomew, and Filaret Denisenko.

While the United States is not mentioned in this interview in any prominent sense, it should be noted that this move also does have strong US support as the American political leadership has been advocating for the Poroshenko government in an effort to continue to surround and isolate Russia. As we have noted elsewhere, this series of moves may well create more problems for Russia, by design.

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James Woods Suspended From Twitter Over Satirical Meme That Could “Impact An Election”

James Woods crushes Jack Dorsey: “You are a coward, @Jack.”

Alex Christoforou

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Via Zerohedge


Outspoken conservative actor James Woods was suspended from posting to Twitter over a two-month-old satirical meme which very clearly parodies a Democratic advertisement campaign. While the actor’s tweets are still visible, he is unable to post new content.

The offending tweet from July 20, features three millennial-aged men with “nu-male smiles” and text that reads “We’re making a Woman’s Vote Worth more by staying home.” Above it, Woods writes “Pretty scary that there is a distinct possibility this could be real. Not likely, but in this day and age of absolute liberal insanity, it is at least possible.”

According to screenshots provided by an associate of Woods’, Twitter directed the actor to delete the post on the grounds that it contained “text and imagery that has the potential to be misleading in a way that could impact an election.

In other words, James Woods, who has approximately 1.72 million followers, was suspended because liberals who don’t identify as women might actually take the meme seriously and not vote. 

In a statement released through associate Sara Miller, Woods said “You are a coward, @Jack,” referring to Twitter CEO Jack Dorsey. “There is no free speech for Conservatives on @Twitter.

Earlier this month, Woods opined on the mass-platform ban of Alex Jones, tweeting: ““I’ve never read Alex Jones nor watched any of his video presence on the internet. A friend told me he was an extremist. Believe me that I know nothing about him. That said, I think banning him from the internet is a slippery slope. This is the beginning of real fascism. Trust me.”

Nu-males everywhere non-threateningly smirk at Woods’ bad fortune…

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