Most Federal judges I knew didn’t take kindly to affiants lying to the Court.
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I hope most Federal judges are more diligent than the FISA court. This court is supposed to be a fire wall to protect our rights to privacy. The more we learn about it though, the more it seems like a rubber stamp.
Also, I would argue that lying to the FISA court for the purpose of thwarting a national election raises this deceit, and its ramifications, to a whole new level. In other words, the lying in this case (by an FBI director and his lieutenants no less) was of an extraordinary nature that I believe the FISA court has an obligation to address, at least in a perfunctory manner to let a highly cynical public know it is concerned and will review the facts when available.
That said, I appreciate your points and the fact that the court would prefer to have the facts in hand before they publically discusses anything. However, as we all know too well, accountability and consequences are extremely rare in DC.
While I agree we are facing extraordinary times in regards to the FISA court, I would ask, respond to what? The Judges only know what we know and that is media reports which are notoriously unreliable.
I think the severity of the situation will result in more than just a “slap on the wrist” for the former FBI Director and his minions. If the IG report is as damning as the leaks suggest, the Court could hardly ignore it.
The Court is dependent on Congress to re-authorize the Patriot Act. Without authorization there is no FISA court. Taking everything in toto, I submit there is little appetite in Congress to continue funding things as they are now. Throw in “wink-wink...non-nod” and the Court is history.
As it is now, Justice Gonzales has a whole lot of ‘spaining to do. He is going to have to explain his relationship with Peter Strzok. The emails between Strzok and Page paint a picture of inappropriate behavior between his court and the FBI. If anything, he will want to vindicate his name in order to maintain credibility on the Federal bench.
Sometimes investigations don’t move as quickly as we would like. Taking into consideration everything, I’d rather root out the cancer than just go for the low-hanging fruit.