February 14, 2025
The 21 words uttered by FISA court that change the Russia collusion case forever
Judge rules for first time FBI misled, rejecting years of excuse making and suggesting process reforms won't be enough.
Judge rules for first time FBI misled, rejecting years of excuse making and suggesting process reforms won’t be enough.

For much of the last three years, key law enforcement leaders have insisted they did nothing wrong in pursuing counterintelligence surveillance warrants targeting the Trump campaign starting during the 2016 election. And, they’ve added, if mistakes were made, they were unintentional process errors downstream from them and not an effort to deceive the judges.

But in a little-noted passage in a recent order, U.S. District Judge James A. Boasberg, the new chief judge of the Foreign Intelligence Surveillance Court, took direct aim at the excuses and blame-shifting of these senior Obama administration FBI and DOJ officials.

In just 21 words, Boasberg provided the first judicial declaration the FBI had misled the court, not just committed process errors. “There is thus little doubt that the government breached its duty of candor to the Court with respect to those applications,” Boasberg wrote.

The no-fault mantra has been spread by everyone from President Trump’s former deputy attorney general Rod Rosenstein, who insisted the DOJ took its responsibility to submit “admissible evidence, credible witnesses” very seriously, to the ex-FBI Director James Comey, who declared recently it was “nonsense” to suggest the bureau opened a probe without good cause.

Some of these defenses — including a focus on fixing process suggested by current FBI chief Christopher Wray — have persisted even after Justice Department Inspector General Michael Horowitz issued a damning report in December finding the Foreign Intelligence Surveillance Act warrant applications targeting former Trump campaign adviser Carter Page were riddled with mistakes, including 17 examples of misconduct, misinformation or outright lies. 

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