FYI Baker - It wasn't FISA's fault. Court was intentionally lied to (altering emails) and was not given exculpatory evidence.
Read:https://themarketswork.com/2019/12/20/top-fisa-court-judge-condemns-fbi-for-providing-false-information-to-court-demands-prompt-government-response/
Finally, Collyer addressed the material email alterations made by Kevin Clinesmith, a senior attorney in the FBI’s Office of General Counsel, which were used in a crucial part of the Page FISA renewals. Clinesmith’s email alteration deliberately removed the fact that Page had “a prior relationship” with another governmental agency, and Clinesmith has reportedly been referred for criminal prosecution by Horowitz for his actions.
It’s worth noting that despite some media portrayals of Clinesmith as a low-level attorney, he was actually “the primary FBI attorney assigned” to the FBI’s counterintelligence investigation into alleged Russian election interference beginning in early 2017. It remains unknown what FBI attorney Clinesmith replaced in early 2017 as the original investigation was formally opened by the FBI on July 31, 2016.
Cruz: “A lawyer at the FBI creates fraudulent evidence, alters an email that is in turn used as the basis for a sworn statement to the [FISA] court that the court relies on. Am I stating that accurately?”
Horowitz: “That’s correct. That is what occurred.”
Collyer’s letter indicates that there was further communication between the NSD and the FISA court in late 2019, noting that the information regarding Clinesmith was disclosed to the FISA court through “clarified submissions” that were made to the FISA court on Oct. 25 and Nov. 27.
This matter appears to have been viewed with additional seriousness by the FISA court as noted in Collyer’s letter:
“Because the conduct of the OGC attorney gave rise to serious concerns about the accuracy and completeness of the information provided to the FISC in any matter in which the OGC attorney was involved, the Court ordered the government on December 5, 2019, to, among other things, provide certain information addressing those concerns.”
Collyer noted that based on the FBI’s actions in relation to these repeated errors and omissions regarding the Page FISA, it called into question “whether information contained in other FBI applications is reliable”: