FISA Abuse & the FISC
Rogers presented his findings directly to the FISA court’s presiding judge, Rosemary Collyer. Collyer and Rogers would work together for the next six months, addressing the issues that Rogers had uncovered.
It was Collyer who wrote the April 26, 2017, FISA court ruling on the entire episode. It also was Collyer who signed the original FISA warrant on Carter Page on Oct. 21, 2016, before being apprised of the many issues by Rogers.
The litany of abuses described in the April 26, 2017, ruling was shocking and detailed the use of private contractors by the FBI in relation to Section 702 data. Collyer referred to it as “a very serious Fourth Amendment issue.” The FBI was specifically singled out by the court numerous times in the ruling:
“The improper access previously afforded the contractors has been discontinued. The Court is nonetheless concerned about the FBI’s apparent disregard of minimization rules and whether the FBI may be engaging in similar disclosures of raw Section 702 information that have not been reported.”
Rogers informed Collyer of the ongoing FISA abuses by the FBI and NSD just three days after she personally signed the Carter Page FISA warrant.
Virtually every FBI and NSD official with material involvement in the original Carter Page FISA application would later be removed—either through firing or resignation.
On Oct. 24, 2016, Rogers verbally informed the FISA court of his findings:
“On October 24, 2016, the government orally apprised the Court of significant non-compliance with the NSA’s minimization procedures involving queries of data acquired under Section 702 using U.S. person identifiers. The full scope of non-compliant querying practices had not been previously disclosed to the Court.”
Rogers appeared formally before the FISA court on Oct. 26, 2016, and presented the written findings of his audit:
“Two days later, on the day the Court otherwise would have had to complete its review of the certifications and procedures, the government made a written submission regarding those compliance problems … and the Court held a hearing to address them.
“The government reported that the NSA IG and OCO were conducting other reviews covering different time periods, with preliminary results suggesting that the problem was widespread during all periods under review.”
The FISA court was unaware of the FISA “query” violations until they were presented to the court by then-NSA Director Rogers.
Carlin didn’t disclose his knowledge of FISA abuse in the annual Section 702 certifications, apparently in order to avoid raising suspicions at the FISA court ahead of receiving the Carter Page FISA warrant.
The FBI and the NSD were literally racing against Rogers’s investigation in order to obtain a FISA warrant on Carter Page.