“But every statement of fact included in an affidavit for foreign intelligence collection must withstand the scrutiny of at least 10 people in the Department of Justice hierarchy before it is reviewed by an independent court.”
He is stating like the corruption runs at least 10 people deep.
He is also referencing an affidavit for foreign intelligence collection. I think the memo makes it clear this was NOT for foreign intelligence collection...it was for DOMESTIC intelligence collection. If I am wrong about this point, please correct me, otherwise, this is the type of misinformation and misdirection they engage in.
It's pretty dense statutory prose, but "foreign intelligence" refers to the type of information sought, not a geographic location.
FISA is not well understood, but generally, the president/executive can do certain surveillance without a warrant. The courts will find no 4th amendment issue with warrantless surveillance, as long as the surveillance is for foreign intelligence. FISA was drafted as a reaction to the "Keith" case.
In United States v. United States District Court, 407 U.S. 297 (1972) - the "Keith" case - SCOTUS opens with:
The issue before us is an important one for the people of our country and their Government. It involves the delicate question of the President's power, acting through the Attorney General, to authorize electronic surveillance in internal security matters without prior judicial approval. Successive Presidents for more than one-quarter of a century have authorized such surveillance in varying degrees, without guidance from the Congress or a definitive decision of this Court.Later on comes a statement that suggests Congress can clarify the mess with legislation.
Given these potential distinctions between Title III criminal surveillance and those involving the domestic security, Congress may wish to consider protective standards for the latter which differ from those already prescribed for specified crimes in Title III. Different standards may be compatible with the Fourth Amendment if they are reasonable both in relation to the legitimate need of Government for intelligence information and the protected rights of our citizens.
FISA followed. There is the possibility of connection between foreign intelligence and criminal activity, and the FISA law aims to allow evidence gathered with a FISA warrant to find its way into criminal prosecution, if the government decides to undertake a criminal prosecution. But the general function of FISA is to hide an executive/court warrant relationship with the public, on the nonsensical theory that secret courts provide a meaningful check on power.
The threshold finding for obtaining a FISA warrant is that the person targeted is an agent of a foreign power. The FBI found probable cause that Carter Page is an agent of a foreign power. The definition for this is worth reading and pondering. There are two definitions for this, one for people who are not US persons, and one for everybody. Carter Page is in the "any person" section. You'll find it at 50 USC 1801(b)(2)
The point of the FISA law is to put a patina of fourth amendment legitimacy on a Big Brother type of operation. Without a certain amount of mumbo-jumbo from their overlords that claims they aren't really overlords, the people would get antsy. Meanwhile, the government is free to snoop as it wishes, the executive and courts are in cahoots to see to that.