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re: Grassley suggests Rosenstein gave Mueller full FISA powers ...

Posted on 5/18/18 at 9:37 pm to
Posted by McChowder
Hammond
Member since Dec 2006
5278 posts
Posted on 5/18/18 at 9:37 pm to
quote:

The Special Counsel basically has the investigatory powers of the DOJ, so that makes sense. Of course, any request for a FISA warrant would have to be approved by a FISA Court. 

I'm pretty sure and confident that FISA applications, given their special nature, require signatures from a very select group of people.

I don't think you can simply delegate that authority out even to a special prosecutor. In fact, I know that isn't the case (see 50 U.S.C. § 1804(a)

The certification provision in FISA requires a "Senate-confirmed official".......and no, that doesn't mean he/she was confirmed at one point in their career. It must be in their current role. The only exception is with the AG. But the statute defines it this way....
quote:

the Attorney General of the United States (or Acting Attorney General), the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.

If I'm reading this correctly, RR does not have the authority to delegate that power and if that's the case......there are some FISC judges that have some explaining to do.
Posted by VOLhalla
Knoxville
Member since Feb 2011
4469 posts
Posted on 5/18/18 at 9:42 pm to
Again, the warrant executed against Manafort’s home had nothing to do with a FISA Court. It was a search warrant issued by a magistrate in the Eastern District of Virginia.

The FISA warrants issued against Manafort were sought by the DOJ in 2014 and 2016. They predate the Mueller investigation. You all are confusing the two.
This post was edited on 5/18/18 at 9:43 pm
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