Fix the Previous Transgressions of FISC Before Going Forward

By Edward Timperlake

“By Strength and Guile” is the motto of the Royal Navy’s heroic Special Boat Service, SBS.  Their lineage of undaunted courage as a special operations force successfully melding direct action with intelligence gathering is perhaps not as well-known as their fellow service the SAS or Special Air Service.

I suspect Americans are more use to seeing the SAS depicted in movies and TV shows.

However, both are uniquely revered for their quite modest determined courage.

Earlier in the SBS existence, the fun of serving in the SBS during World War II was perfectly captured by their Latin motto “Excreta Tauri Astutos  Frustrantor” or in English “Bullshit Baffles Brains.”

One has to respect a special forces combat/intelligence service that understands such a fundamental principle of human nature.

The merging of direct purposeful action, melded with intelligence gathering and the word “ bullshit” has a fine tradition but only when in the hands of courageous honorable well-trained individuals who are dedicated to serving the greater good to protect all.

Unfortunately, in America as Candidate Trump made his move to become President Trump many individuals who should have known better abused the special trust and confidence that was expected of them in their swearing an oath to our Constitution.

Messrs. Brennan, Clapper and Comey are three perfect examples of ethically challenged scheming lightweight minds in position of great responsibility that tried and tried to use “Excreta Tauri Astutos Frustrantor” to destroy President Trump.

Their failed use of  using flawed British Intelligence, the Steele Dossier, I suspect will soon  become a case study  in American history as the greatest abuse of our Federal Government intelligence and legal system ever.

The actions of Brennon, Claper and Comey in rigging the FISC Court with faulty intelligence  should be officially corrected in the FISC record before any consideration of  Congressional renewal.

A fundamental rule in the intelligence world is that information goes up and out.

The corollary to that rule is there is something worse than no intelligence and that is bad intelligence.

Consequently, very very early on when the entire “Russia Russia Russia” Intel hoax was discovered it should have been officially corrected immediately.

As bad intelligence was used for FISC filings the lawyers making the request, upon gaining knowledge, and had  the responsibility to correct the record.

Both the Department of Justice and the American Bar Association agree that for the integrity and confidence necessary to keep the sanctity of all our Court systems intact, it makes no difference if FISC Criminal or Civil legal filings, when a mistake is discovered, it must be immediately corrected in the record.

But before Congress reauthorizes the FISC, it would be prudent in building confidence going forward to see if any of the lawyers involved have issued a correction that the seriously flawed intelligence document requesting  surveillance of innocent Americans , to put it in laymen  terms was bullshit.

And also where are the FISC Judges who have been selected and tasked with enforcing the legal integrity of Chief Justice John Roberts’ Court system?

He alone owns the FISC.

“Senior Leadership (DOJ) Offices and Heads of Components (SLOs & HoCs) are responsible for the quality of the information they produce and disseminate to the public.  

Request for Correction

SLOs & HoCs will allow the public to submit a Request for Correction (RFC) when disseminated information does not comply with OMB, DOJ, and SLO & HoC policy, guidelines, and procedures.  SLOs & HoCs will process the request in accordance with the below.

Additionally, not being blessed with a law degree or the union ticket as a member of the Bar, I can only ask where is the American Bar Association standards Committee in so far not enforcing “candor toward the tribunal?”

Rule 3.3: Candor Toward the Tribunal

 (a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

Before Congress considers any further safe-guards in attempting to renew the FISC process, how about simply looking at the enforcement of current standards?

If they chose not to than the entire re-authorizing process will be simply a Congressional  version of “Excreta Tauri Astutos  Frustrantor”