The procurers of the FISA warrants that are the subject of the Nunes memo failed to disclose material facts on which the FISA judges could determine the credibility of the probable cause before issuing and re-issuing the warrants.
The Fourth Amendment warrant authorizes and justifies what is otherwise a trespass — an intrusion or encroachment on the right of security — by government officials, but solely to protect the community against specific wrongdoers. Its requirement of oath and affirmation before issuance of a warrant helps ensure the search is based in honestly and solemnly presented facts that may be discerned — and judged — by neutral judicial officers.
The solemn protocol of oath and affirmation before issuance of a warrant, with potential consequences of perjury for knowingly presenting false information, helps prevent an unreasonable trespass. The ex ante protocols are expressly required by the Fourth Amendment for all warrants (“no Warrants shall issue, but upon probable cause, supported by Oath or affirmation”), and are indispensable to the right of security when the awesome power of justifiably trespassing on private properties and affairs is to be exercised via warrants.
Comey & Co., along with allies such as Eric Holder, have every reason to be nervous. The FBI, DOJ, and FISA warrant process seem to have been corrupted, not just by partisan politics, but potentially perjurious actors who omitted material information in the warrant-procuring process.
[give_form id=”79809″] [contentcards url=”http://www.americanthinker.com/blog/2018/02/why_the_fisa_memo_could_lead_to_perjury_convictions_of_comey__co.html?utm_content=buffer841a3&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer” target=”_blank”]