"punitive"
Posted on 03/06/2017 4:30:18 PM PST by RoosterRedux
Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the Central Intelligence Agency (CIA), the United States Department of Justice and the Department of the Treasury regarding records related to the investigation of retired United States Army Lieutenant General Michel Flynn’s communications with Russian Ambassador Sergey Kislyak (Judicial Watch v. Central Intelligence Agency et al. (No.1:17-cv-00397)). (The National Security Agency refused to confirm or deny the existence of intelligence records about communications between Gen. Flynn and Amb Kislyak.)
Judicial Watch filed the lawsuit after the agencies failed to respond to a January 25, 2017, FOIA request seeking:
Any and all records regarding, concerning, or related to the investigation of retired Gen. Michael Flynn’s communications with Russian Ambassador to the United States Sergey Kislyak between October 1, 2016 and the present.This request includes, but is not limited to, any and all related warrants, affidavits, declarations, or similar records regarding the aforementioned investigation.
For purposes of clarification, please find enclosed a CNN report regarding the investigation, which cites information that was provided to CNN by members of the Intelligence Community.
In its complaint Judicial Watch asks the court to order the agencies to search for all records responsive to its FOIA requests and demonstrate that they employed reasonable search methods; order the agencies to produce by a specific date all non-exempt records and a Vaughn index of all withheld records; and instruct the agencies to cease withholding all non-exempt records.
On January 23, 2017, CNN reported that the government was investigating Flynn, former national security adviser to President Trump:
(Excerpt) Read more at judicialwatch.org ...
Ping.
Judicial Watch, once again doing the job Republicans refuse to do.
Awesome
Flynn in particular has demonstrable damages as provided under the civil recovery provisions of FISA, which also provides for costs, attorneys fees and PUNATIVE damages.
If you can elaborate on that, please do. I am thick at times and often need help.;-)
"punitive"
50 U.S. Code § 1810 - Civil liability
An aggrieved person, other than a foreign power or an agent of a foreign power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 1809 of this title shall have a cause of action against any person who committed such violation and shall be entitled to recover—
(a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater;
(b) punitive damages; and
(c) reasonable attorney’s fees and other investigation and litigation costs reasonably incurred.
The FISA act explicitly requires that any surveillance of a foreign subject that could discover information about an American must be subject to "minimization procedures" defined by 50 U.S. Code § 1801 subpart (h) as:
“Minimization procedures”, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
Section 1802 pertaining to warrants provides similar requirements for minimization.
Yeah when you type all caps spell check doesn’t work. You got a twofer - misspelled and needless caps.
I really wish Flynn were not gone, and that Sessions had not recused himself. Two big hits to our team, and there sits Sessions with only two others, in the Justice Dept, and he himself recused from upcoming campaign investigations, and no Deputy yet appointed to work such an investigation, though they know who among several can serve in that case.
Could it be a foreign entity that did the recoding and leaking l? Not American?
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