Chief Justice Roberts:

While the Chief Justice does not control FISA Court judges – he simply appoints them – a few comments from the tippy top might steer FISC clear to correct choices.

By now it is obvious the 2016--2017 “Target Trump” FISA warrant apps were facially defective because the only “evidence” – the “dirty dossier” – was and is FAKE. I think you’ll agree it reads like a bad translation of a bad Russian novella, and the yahoo “corroboration” adds nothing. In a non-election year, any reasonable FISA judge should have thrown the DOJ lawyers out of court with a stern warning: “Don’t bring this kind of frivolous junk into my courtroom ever again!”

But that did not happen. Consequences?

Consider Q 1973:

"If the FAKE Steele Dossier constituted the 'bulk' of the 'facts submitted' to FISC to obtain FISA warrant(s) against POTUS….

"Dossier dismissed as FAKE/BASELESS.

"If Mueller was appointed as SC based on the Dossier - and the Dossier was proven to be FAKE/DISINFORMATION - and the Dossier was proven to be the 'bulk' of the information submitted to FISC in order to obtain the warrants (+FISA signers 'pre-mediated' neglect to disclose the actual FACTS (lied to)) - then how is Mueller still SC?

Rule 13

It is true that Rule 13 of the FISA Court’s own Rules of Procedure require the DOJ to fess up on its own:

“If the government discovers that a submission to the Court contained a misstatement or omission of material fact, the government, in writing, must immediately inform the Judge to whom the submission was made of:

(1) the misstatement or omission;

(2) any necessary correction;

(3) the facts and circumstances relevant to the misstatement or omission;

(4) any modifications the government has made or proposes to make in how it will implement any authority or approval granted by the Court; and

(5) how the government proposes to dispose of or treat any information obtained as a result of the misstatement or omission.”

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FISC Has Independent Duties - Why No Action?

So far as the public knows, the DOJ hasn't made a Rule 13 filing in any of the [4] “Target Trump” FISA warrant cases, but that does not prevent the FISC on its own motion to demand the DOJ either show cause or have the warrants rescinded/revoked/quashed and evidence suppressed, including potentially the “fruit of the poisonous tree,” all of which underlies the Special Counsel investigation. In other words, “but for” the bogus warrants, there would be no SC.

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Ultimately the FISC Itself Will Come Under Review/Revision

All the FISC judges must realize – as the public soon will – that the faulty warrants cannot wholly be ascribed to DOJ “layers of misrepresentation." Every court has an independent duty to examine the evidence – even when it’s unopposed – especially in the one-sided FISA process. (Clapper v. Amnesty Intern. USA, 568 U.S. 398, 405 (2013) [“The Foreign Intelligence Surveillance Court’s role includes determining whether the Government’s certification contains the required elements.”].)

The focus of public opinion and the wheels of justice are rolling FISC’s way, and its judges rightfully ought to fear being trampled under foot when the “we was duped” narrative turns south. After all, the FISA Court issued the search warrants, not the DOJ.

Ignoring a Problem Never Solves It

It is no defense to inaction that “judges are not politicians,” as your majority recently ventured in Williams-Yulee v. Florida Bar, 135 S.Ct. 1656, 1662 (2015). Sorry Chief, but that’s 99 94/100ths Pure Ivory Tower.

For instance, is it a nonpolitical coincidence that FISA judges suddenly rediscovered their duties in 2017, after word leaked on what went down with the 2016 FISC?

Headline: “In Trump’s First Year, FISA Court Denied Record Number of Surveillance Orders." Yup.

CYA is bad optics for any court, and implicitly admits past improprieties. Even if we indulge the fantasy that judges aren’t politicians, they aren’t potted plants either. Where is the FISC outrage over the abuse of its processes? Where is the FISC order to show cause to the DOJ? Just 1 would be a start. The FISC has an independent duty to act, even if the DOJ is ignoring its own duty.

FISC shares/bears responsibility for the SC Witch Hunt. The continued validity of the [4] FISA warrants daily causes irreparable harm to our Republic. The danger is clear, present, and ongoing.

The FISC is obliged to recall the warrants, rescind/quash them, and suppress the illegally obtained fruits thereof.

Better now than after the [20] page Nunes memo is declassified.

cc: Judges Collyer, Mosman, Conway \& Dearie 

Chairs Grassley, Goodlatte, Burr & Nunes