Ex-FISA court chief defends DOJ, FBI for handling of Carter Page surveillance applications

Washington Examiner ^ | 2/17/19 | Daniel Chaitin

[Fedora]

What kind of FISA Fourth Amendment violations did Bates preside over during his term?

[Fedora]

John D. Bates

Notable rulings[]

• On August 3, 2018 Judge Bates ruled that "the Trump administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA" and ordered DACA to be reinstated. He gave the administration 20 days to appeal.^[7][8]
• On April 24, 2018, Judge Bates ruled that the Trump administration must resume accepting new applications for Deferred Action for Childhood Arrivals (DACA) but stayed his decision for 90 days to allow the Department of Homeland Security to explain why DACA was being canceled.^[9]
• On February 8, 2017, Judge Bates blocked the $54 billion merger between health insurance companies Anthem and Cigna, saying the deal would increase prices and reduce competition.^[10]
• On October 25, 2016, Judge Bates dismissed freed Guantanamo Bay detention camp prisoner Shawali Khan's petition for habeas corpus as moot.^[11] Khan had opposed the dismissal, arguing that, because his detention had never been declared illegal, his past as a U.S. prisoner was preventing him from getting medical treatment for injuries suffered during his imprisonment. While dismissing Khan's lawsuit, Bates wrote he was nevertheless "sympathetic to the pickle".^[11]
• On March 19, 2014, Judge Bates in Innovator Enterprises, Inc v Jones found for the plaintiff and vacated BATFE's classification of the company's "stabilizer brake" as a "firearm silencer".^[12]

  Hypotheticals further illustrate the weakness of this methodology. A mouse is not an "elephant" solely because it has three characteristics that are common to known elephants: a tail, gray skin, and four legs. A child's bike is not a "motorcycle" solely because it has three characteristics common to known motorcycles: two rubber tires, handlebars, and a leather seat. And a Bud Light is not "Single-Malt Scotch," just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern. To close with a firearm-related example: a hockey puck is not a "rubber bullet," just because it has rounded sides, is made of vulcanized rubber, and is capable of causing injury when launched at high speeds. Learning that one object has three characteristics in common with some category may not be very helpful in determining whether the object in question belongs in that category.

• In November 2013, the Office of the Director of National Intelligence declassified and released a circa-July 2010 (date classified) FISC ruling by Judge Bates authorizing the National Security Agency to restart mass collection of internet metadata, including those of U.S. citizens.^[13] Bates noted that the NSA had been violating provisions of various laws, but nevertheless decided to allow the government to continue many aspects of the mass surveillance program. Critics of encroaching U.S. security state policies, in a nod to the Bates numbering method used in the legal field, appropriated the "Bates stamp" moniker as a neologism to refer to often uncritical FISC scrutiny of U.S. government conduct when considering Foreign Intelligence Surveillance Act (FISA) applications.^[14]
• On December 10, 2010, Bates dismissed a challenge to President Barack Obama's targeted killing order against Muslim cleric Anwar al-Awlaki, a dual American and Yemeni citizen with ties to al-Qaeda. Bates ruled that al-Awlaki's father, Nasser al-Awlaki, who filed the suit with assistance by the American Civil Liberties Union and the Center for Constitutional Rights, lacked legal standing in the case against the Obama Administration. Bates stopped short of granting the executive branch "unreviewable authority" to order the killing of an American citizen, instead concluding that the case would likely be settled in another forum outside the courtroom.^[15]
• On July 31, 2008, Bates ruled, in a dispute between the Administrative and Legislative branches, that President George W. Bush's advisers, chief of staff Josh Bolten and former legal counsel Harriet Miers, are not immune from congressional subpoenas to testify about the firing of nine U.S. attorneys and turn over all related, non-privileged documents.^[16][17]
• As a District Court Judge, Bates dismissed the GAO's effort to learn with whom Vice President Dick Cheney's energy task force conferred.^[18]
• On July 19, 2007, he dismissed a lawsuit filed by Valerie Plame Wilson and her husband against Vice President Dick Cheney, White House political adviser Karl Rove, former White House aide I. Lewis "Scooter" Libby and former Deputy Secretary of State Richard Armitage. Plame's lawyers had said from the beginning of the lawsuit that it would be quite difficult to win, since public officials and servants are generally immune from such suits filed in connection with their jobs. Plame's identity as a Central Intelligence Agency field operative was revealed in a syndicated newspaper column in 2003. This revelation coincided with (Plame's husband) Wilson's criticism of the Bush administration's policy in Iraq. Many of the administration's opponents questioned the timing of the leak of Plame's identity, and assign blame of the leak to officials in the administration. Although several administration officials were questioned in an investigation of the leak, no formal charges were brought, and Libby was then found guilty of lying and obstruction of the investigation as a consequence of his lying. President George W. Bush subsequently commuted Libby's jail sentence as unduly harsh.^[19] In April 2018, President Donald Trump fully pardoned Libby.^[20]
• Bates stated in his ruling that the couple's allegations "pose important questions relating to the propriety of actions undertaken by our highest government officials," but that he had to dismiss their claims for jurisdictional reasons. While saying the Bush administration officials' actions "may have been highly unsavory", Bates nonetheless ruled "there can be no serious dispute" that speaking to the press to rebut Wilson's criticism was "within the scope of defendants' duties as high-level Executive Branch officials."^[21] The Wilsons appealed.
• In a December 30, 2002 decision, Bates of the U.S. District Court ruled that lead plaintiff Representative Dennis Kucinich and 31 other members of the United States House of Representatives have no standing to challenge President Bush's withdrawal from the Anti-Ballistic Missile (ABM) Treaty without congressional approval. He also ruled that the case presents a "political question" not suitable for resolution by the courts."^{[citation needed]}

[Fedora]

•In November 2013, the Office of the Director of National Intelligence declassified and released a circa-July 2010 (date classified) FISC ruling by Judge Bates authorizing the National Security Agency to restart mass collection of internet metadata, including those of U.S. citizens.[13] Bates noted that the NSA had been violating provisions of various laws, but nevertheless decided to allow the government to continue many aspects of the mass surveillance program. Critics of encroaching U.S. security state policies, in a nod to the Bates numbering method used in the legal field, appropriated the "Bates stamp" moniker as a neologism to refer to often uncritical FISC scrutiny of U.S. government conduct when considering Foreign Intelligence Surveillance Act (FISA) applications.[14]

[MAGAthon]

Bates “warned against the release of application materials”...

funny that. let the FISC judges speak for themselves.

meanwhile, release all the docs.

[Candor7]

John Bates is the canary in a cage.

Bates sees whats coning and he is singing!

The Steele Dossier was completely fabricated , and the DOJ and the FBI committed fraud in its FISA court filings concerning Carter Page.

[YogicCowboy]

Translation:

It is a secret court without opposing counsel just so that we can do whatever we want to you rubes.

Get a clue!

[YogicCowboy]

Yep. As I figured all along. All the “they kept the judge in the dark” propaganda is worthless.

Not one judge has made a peep, much less a citation of contempt of court.

[Robert DeLong]

U.S. District Judge John Bates

Appointed by George W. Bush
Judge of the United States District Court for the District of Columbia December 14, 2001 – October 12, 2014
Presiding Judge of the United States Foreign Intelligence Surveillance Court May 19, 2009 – February 21, 2013
Appointed by John Roberts

[Freee-dame]

Republicans should have been mentioning the “two hop” rule every time they mentioned spying on Carter Page. Most people have no idea about it. Republicans are so stupid.

[Flaming Conservative]

How would he know that, unless someone leaked information to him? Doesn’t he know he shouldn’t even be commenting on it? It’s unethical for him to do so, unless it’s public information, even if he’s no longer on the FISA Court. Oh...wait...Roberts appointed him? That explains his lack of ethics.

[hal ogen]

Is no one not corrupt in the fed govt?

[faucetman]

“... I have seen nothing that indicates that the court was misled...”

Exactly, it was OMITTED!, You couldn’t “see it” because they purposely didn’t include it. MORON!

[jdsteel]

I’ve been aware of that. It makes the case.

[Ann Archy]

Obviously Bates is DIRTY...a CORRUPT SWAMP DWELLING DEMOCRAT!

[Cementjungle]

During his tenure, during Obama years, this guy (and the court) probably did loads if shady stuff... the FBI likely spies on many of their political enemies and blackmails them to control them.

He surely doesn't want anyone looking into their recent activities.