What this appointment seems to suggest is that the FISA Court, or at least it's presiding judge James Boasberg, are not too concerned about possible multiple violations of our civil liberties. When he appoints someone like David Kris, who claimed that the Horowitz IG report that catalogued egregious abuse of the Foreign Intelligence Surveillance Act (FISA) powers actually vindicated the FBI. He also smeared Rep. Devin Nunes in 2018, saying his initial sounding of the alarm about those abuses was incorrect, threatened national security, and should be harshly punished. This is the guy that:
The court “finds it appropriate to appoint David S. Kris, Esq., to serve as amicus curiae to assist the Court in assessing the government’s response to” a Dec. 17, 2019, order to “inform the Court . . . of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application.”
The pick was justified on the grounds that he is one of the few officials with FISA experience. But Kris has repeatedly shown himself to be a reflexive defender of the FBI, even as evidence mounted of its malfeasance. Here are some examples of that.
Kris was one of the many Washington insiders who either fell for or pretended to fall for the validity of the Russia collusion hoax.
“I suspect that POTUS and his closest advisors are and should be worried that, depending on the evidence, Mueller’s next steps will make it feel like the walls are closing in,” he opined on Twitter. As we now know, the Mueller Investigation Report found no evidence that it had colluded with any American, much less any Trump campaign affiliate, much less Trump himself, in its ongoing meddling campaign.
Kris’ biggest problem was his published denunciation of the now vindicated Nunes memo. He joined many other members of the Resistance, whether in the media, the Democratic Party, or the NeverTrump movement, in denouncing Nunes and defending the FBI as beyond reproach.
“The Nunes memo was dishonest. And if it is allowed to stand, we risk significant collateral damage to essential elements of our democracy,” Kris said. In fact, the Nunes memo was right, although it only touched on some of the FBI malfeasance that the inspector general report later confirmed in detail.
Kris specifically said the “fundamental claim” by Nunes that the FBI misled the court about Christopher Steele was “not true.” Kris said that the government “provided the court with enough information to meaningfully assess Steele’s credibility.” He accepted the FBI's claims that there was probable cause that Page was a secret Russian asset. “It’s disturbing that Page met that legal standard and that there was probable cause to conclude he was a Russian agent,” he wrote.
Kris said Nunes should be removed from office and removed as chairman of the committee. He floated the idea that Nunes should be charged with obstruction of justice. Kris called for voters to rise up against the GOP and unseat them to keep Nunes from performing oversight of the agency and intelligence community.
When the IG report came out, Kris was in lockstep with the spin that the leakers had put out for the weeks leading up to the release of the Horowitz report. He said, as the pre-report leakers asserted through friends in the media, that the “main finding” was that there was no bias and that the claims of critics were fully repudiated. He did acknowledge some mistakes, but downplayed them. This is bullshit, and this guy is the one the FISA Court wants to make sure the FBI changes it's ways?
Is he, and by extension Boasberg, defending the FBI or is he defending the Democrats in the FBI that so badly ruined that institution's reputation? The good news is that neither of these two asshats have any influence over the coming Durham Report and subsequent indictments, which I hope are many. And frankly, I'm not too happy with the way FBI Directory Christopher Wray has gone about cleaning up the FBI either. I'm thinking a really big cover-up is in the works.