FISA Court Shamefully Protects the Swamp

This letter to the editor by NLPC Counsel Paul Kamenar appears in the Wall Street Journal today:

Your editorial “A Pass for Kevin Clinesmith” (Jan. 30)—condemning the slap on the wrist of former FBI attorney Kevin Clinesmith, who was sentenced only to probation by Obama-appointed Foreign Intelligence Surveillance Court Judge James Boasberg for altering a CIA email to get a surveillance warrant to spy on Trump campaign adviser Carter Page as an example of “two-tiered justice”—It omits a more compelling example than how Gen. Michael Flynn and George Papadopoulos were more harshly treated.

In our filing with Judge Boasberg, we pointed out how attorney Alex van der Zwaan, the first person sentenced in special counsel Robert Mueller’s Russia investigation, also pleaded guilty to one count of making a false statement. Like Mr. Clinesmith, he asked for probation as a first offender and because his wife, too, was pregnant … Read More ➡

‘Miscarriage of Justice’ as Clinesmith Gets Slap on the Wrist

Judge James Boasberg

Federal Judge James E. Boasberg, who also presides over the secret Foreign Surveillance Intelligence Court (FISC), sentenced former FBI attorney Kevin Clinesmith to probation instead of prison as he had requested at his sentencing hearing this morning.

NLPC filed a sentencing memorandum with the court earlier in the week calling upon the judge to incarcerate Clinesmith The government requested three-to-six month prison sentence. Instead, the judge sentenced him to community service and imposed no fine.

“This was a total miscarriage of justice,” fumed NLPC Counsel Paul Kamenar who attended the hearing.  “Equal justice demanded at least the same sentence for Clinesmith as was given to Alex van der Zaan, and more, since he held a position of trust,” said Kamenar, who drafted the sentencing memorandum.  NLPC also recommended that any probation include requiring Clinesmith to make a video expressing his remorse to be shown to all Department … Read More ➡