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re: Grassley suggests Rosenstein gave Mueller full FISA powers ...
Posted on 5/18/18 at 9:14 pm to Sentrius
Posted on 5/18/18 at 9:14 pm to Sentrius
quote:
Theoretically, yes he can.
Everybody in the Justice Department and the FBI is acting with the President's powers and consent to execute and enforce the laws of the United States. It's the same reason why Mueller can't indict Trump.
There's no such thing as AG powers, he's just a subordinate official using the President's power to investigate and prosecute.
I thought POTUS had the power to appoint / recommend people to offices like USAG but it was congress that granted certain authorities - and that they never granted potus this type of power. But I may have that wrong.
1
Posted on 5/18/18 at 9:14 pm to VOLhalla
quote:
This notion that you have that Mueller would have to ask permission before seeking a warrant from a court is kind of baffling.
I'm just going by what I've read. Please correct me if I am wrong.
Foreign_Intelligence_Surveillance_Act
Posted on 5/18/18 at 9:18 pm to scrooster
quote:
Now, with the release of the IG's findings, it would appear that Grassley has now seen proof that indeed, Mueller was handed full FISA warrant REQUEST powers bypassing Sessions without Sessions' knowledge and, if that is the case, then someone is definitely going to jail.
Ok, but RR signed FISA applications, so power must be granted at his level. But you're saying he did not have the authority to further delegate it, is that correct? If so, wil that be a "go to jail" item or will it just act to invalidate anything Mueller did outside of proper authority?
Posted on 5/18/18 at 9:22 pm to scrooster
I’m about 99% sure that the warrant to search Manafort’s home didn’t go through a FISA court to begin with, so not sure how that applies at all. The case against Manafort was filed in the US District Court of Eastern VA. This isn’t what FISA courts do
Posted on 5/18/18 at 9:23 pm to BobBoucher
quote:
Isn't this exactly what happened? I thought docs revealed he raided, then was given authorization later as an oopsie.
That's what the Intell Committee findings alluded-to in their memo ... but this claim by Grassley takes it to another level. It would appear he is saying something in the IG's findings make this far more heinous than just a simple oversight or timing issue.
Chatter now that the IG's report actually contains within it a verifiably indictable offense by someone ... and while we were all thinking it was Comey (and it may still be with regard to the Clinton Investigation) it may be that Grassley has found-out something forthcoming in the IG's FISA investigation report.
Here's the thing about ole Chuck Grassley. That guy rarely speaks or comments on matters this important without knowing something for a fact. And he's been around a long time and made a lot of friends in high places.
Posted on 5/18/18 at 9:37 pm to VOLhalla
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 on 5/18/18 at 9:41 pm to scrooster
quote:
Mueller did indeed sign the warrant REQUEST himself, or so Grassley is claiming, without the AG's or FISA court's approval ... and they used that to raid Manafort's home in the middle of the night.
I thought only judges could APPROVE a warrant.
Mueller REQUESTING a warrant is only part A.
Someone else would have to approve it before the raid.
Posted on 5/18/18 at 9:42 pm to McChowder
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.
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
Posted on 5/18/18 at 9:45 pm to VOLhalla
quote:
Again, the warrant executed against Managort’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.
You're right. I thought they were claiming Mueller in his role as a SC was given the authority to sign a FISA warrant application.
Posted on 5/18/18 at 11:17 pm to starsandstripes
quote:
I thought POTUS had the power to appoint / recommend people to offices like USAG but it was congress that granted certain authorities - and that they never granted potus this type of power.
You know why congress keeps asking intel officials if Trump has asked them to shut down the Russia investigation and prosecution or impede them in any way at all?
Or Obama refusing to prosecute illegal aliens under DACA under prosecutorial discretion?
It's because the President has that explicit power.
The constitution is pretty clear on this. The President is charged with enforcing and executing the laws of the United States of America as duly passed by Congress. Subordinate officials in the executive branch are merely exercising that same power with the President's consent and following his orders.
Posted on 5/18/18 at 11:26 pm to Sentrius
quote:
You know why congress keeps asking intel officials if Trump has asked them to shut down the Russia investigation and prosecution or impede them in any way at all?
Or Obama refusing to prosecute illegal aliens under DACA under prosecutorial discretion?
It's because the President has that explicit power.
The constitution is pretty clear on this. The President is charged with enforcing and executing the laws of the United States of America as duly passed by Congress. Subordinate officials in the executive branch are merely exercising that same power with the President's consent and following his orders.
I'll have to go read art 2 again. I thought there was the bit about congress creating powers for certain roles and POTUS obligated to make sure the laws were enforced. Forgot it was wider than that.
Posted on 5/18/18 at 11:36 pm to scrooster
quote:I'm sure some guy named Brian Tidwell who is a sales manager at a Ford Dealership in Florida is really tapped into the chatter.
Chatter is Muller authorized the raid himself on Manafort. If all is true then @realDonaldTrump will have no choice but to fire and prosecute them both. Sad day for America.
Posted on 5/19/18 at 12:10 am to buckeye_vol
quote:
I'm sure some guy named Brian Tidwell who is a sales manager at a Ford Dealership in Florida is really tapped into the chatter.
LINK
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Everyone needs to get their timeline right with regard to ill-gotten FISA warrant using the Steele dossier and when Manafort's home was raided and when Rosenstein wrote a memo giving Mueller permission to go after the warrant used in the Manafort raid and why the FISA warrant request was used to gain the warrant for the Manafort raid 7 days prior to Rosenstein writing the second memo giving Mueller permission to obtain the warrant used to kick-in Manafort's doors.
Posted on 5/19/18 at 12:39 am to scrooster
How can Rosie give authority that he does not have to give?
Posted on 5/19/18 at 12:46 am to scrooster
quote:
Chatter is
Thats how fake news stories start.
Posted on 5/19/18 at 1:59 am to scrooster
quote:Well we can start with not citing tweets from a random car salesman who looks to have misunderstood the basis of the stories below since authorization of a warrant typically involves more than an executive branch member's approval.
Everyone needs to get their timeline right with regard
Posted on 5/19/18 at 2:17 am to scrooster
Where is the source for this?
Posted on 5/19/18 at 4:13 am to IrishTiger89
Posted on 5/19/18 at 8:48 am to starsandstripes
quote:
Trump can't prosecute.
The frick he can't. He's the President of the United States - he's the chief law enforcement officer of the nation. Technically, the AG would have to do it, but the AG can be fired and replaced with someone who will prosecute.
That's the way it works. POTUS is not omnipotent - but he is more powerful than any 3 or 4 people on Earth that you could name, combined.
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