It seems I was not the only person to find the recent revelations of the FBI’s routine failure to follow their own proceedures to be problematic. Presiding Judge Boasberg, in his Order IN RE ACCURACY CONCERNS REGARDING FBI MATTERS SUBMITTED TO THE FISC (Docket No. Misc. 19-02) , writes:
…the OIG expressed a “lack of confidence that the Woods Procedures are working as intended” – i.e., “as a means toward achiev[ing]” the FBI’s professed policy “that FISA applications be ‘scrupulously accurate. ‘ ” Id. at 2. It would be an understatement to note that such lack of confidence appears well founded.
[Emphasis added]
translation: The IG lacks confidence that you are following your own procedures in any meaningful way and this court questions the honesty of the FBI’s “professed” policy.
Indeed, one does not achieve 0% compliance by accident, nor does a self verification program which demonstrates 7% compliance happen by accident. The DoJ and FBI have been saying one thing to the Court, and doing the polar opposite.
It’s good to see that out in the open.
Judge Boasberg’s remedy, is in my opinion, akin to treating an amputation with a bandaid.
THEREFORE, the Court ORDERS as follows:
1. The government forthwith shall I provide the Court with the names of the targets and
the docket numbers for the 29 applications reviewed by the OIG and specify which targets and docket numbers correspond to the four applications for which the FBI could not locate a Woods File and the three for which it could not say whether a Woods File ever existed;2. The government shall:
(a) assess to what extent those 29 applications involved material misstatements or
omissions; and
(b) assess whether any such material misstatements and omissions render invalid , in
whole or in part, authorizations granted by the Court for that target in the reviewed
docket or other dockets.
In making those assessments, the government shall prioritize cases and targets for which the FBI was unable to locate a Woods File for the OIG’s review;3. By June 15, 2020, the government shall make a sworn submission reporting on the
conduct and results of the assessments required by paragraph 2 above , including the basis for assessing that particular misstatements or omissions were not material or otherwise did not render invalid any Court authorization;4. Starting no later than June 15, 2020, and at two-month intervals thereafter , the
government shall report on the progress of efforts to account for and ensure the proper
maintenance of Woods Files for all dockets beginning on or after January 1, 2015, and, as
appropriate, take associated remedial steps. The government undertook such efforts in response to one of the recommendation s in the OIG Memorandum. See OIG Memorandum at 9, 12, and 5. In its March 5, 2020, Corrected Opinion and Order, the Court required the government, by May 22, 2020, to submit “a description of any audit, review, or compliance mechanisms implement ed or to be implemented by the FBI’s Office of Integrity and Compliance or Resource Planning Office that bear on the efficacy of any of the remedial measures discussed” therein. See Opinion and Order at 18. Such submission shall also describe how the government will use the results of accuracy reviews to identify patterns or trends so that the FBI can enhance training to improve performance in following the Woods Procedures or improve policies to help ensure the accuracy of FISA applications, as it has undertaken to do in response to the other recommendation in the OIG Memorandum. See OIG Memorandum at 9, 12, 15.
One finds it hard to believe that the FIS Court holds this to be a process and/or training issue and not the DoJ and FBI telling the Court one thing, and then proceeding to act as an un-accountable enforcer of the Derp state’s agenda.
