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 ➡

Ethics Group Urges Dismissal of Charges Against General Flynn

General Michael Flynn (Shutterstock)

Tomorrow morning, the full panel of 10 judges of the U.S. Court of Appeals for the D.C. Circuit will rehear the appeal of General Michael Flynn seeking to have District Court Judge Emmett Sullivan grant the Department of Justice’s motion to drop the charges against Gen. Flynn because of misconduct by FBI agents and government prosecutors for withholding evidence as well as for setting up Gen. Flynn in an FBI interview in January 2017 about his talks with Russian Ambassador Kislyak when there was no underlying criminal investigation to warrant the interview.  

Contrary to the district court rules, Judge Sullivan had appointed a biased former prosecutor and judge as a “friend of the court” to advise him on whether he should grant the Justice Department’s motion to dismiss the charges.  Flynn’s attorneys appealed Sullivan’s decision to the D.C. Circuit which ruled last month that Judge … Read More ➡