“The Memo” – that 4 page document that’s tied our overlords in Washington into knots for over a week – has finally been released! If you haven’t read it yet, I suggest you you click here and do so. Now.
Forgetting the political implications for a moment, I want to focus on the critical aspect I haven’t heard anyone mention yet: the FISA court’s existence. Think about it for a moment. None of what our nation has been subjected to over the past 20 months would have been possible, if not for a Constitutionally questionable extra-legal entity that was created for the sole purpose of allowing the federal government to spy on American citizens.
Absent the FISA court, the shady dealings of messers Comey, Rosenstein, Ohr, McCabe, et al., would have been presented in open court. Absent the FISA court, Mr. Steele’s questionably sourced, partisan “dossier” would have had to be presented as a verified source in open court – where any judge not asleep would have laughed the warrant application away. Absent the FISA court, Mr. Page and President Trump would have been notified they were the targets of a federal investigation.
That the last administration weaponized the various enforcement arms of the federal government as a political retribution tool has never been in much doubt. That they attempted to ply their retribution campaign in the shadows is also without dispute (think of the damage a weaponized IRS did to dozens of legitimate conservative groups). That some of the leading members of that administration’s Justice Department were utilizing a secret court to engage in a political dirty tricks campaign should not surprise anyone.
We, the people, gave the government that tool 40 years ago. Just like giving a spoiled child a hammer and telling him “No!”, how can we be surprised that the government uses that tool to smash everything in it’s way?
The political fallout from this will be with us for a while, possibly years. I hope that before those ashes are done burning America takes a good, hard look at the entire FISA process and decides to kill it. Any government that aspires to egalitarian principles cannot have secret courts, cannot grant the police authority to spy on it’s citizens, can never allow political actors control over those same police. Oversight, yes – operational control, never. That is the overriding lesson we need to learn from this fiasco.