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Can the Government “Judge Shop” to Obtain a Wire-tap Warrant from the FISA Court?

Justice photoJudge shopping. We see it all the time. Liberals have found that if they want to “resist” President Trump on any front, a good place to stop is Hawaii Federal Judge Derrick Watson. Watson has sided against Trump at every turn in Trump’s attempts to ban immigrants from countries that make it impossible to vet people because of the lack of a real government and corruption.

So why go to Watson time and again to resist Trump? Watson was a law school classmate of Obama as well as an Obama appointee and an activist judge that is as liberal as the day is long.

And the appeal path is through the 9th Circuit Court of Appeals, the most overturned court in the land having their decisions vacated or overturned by the Supreme Court 80% of the time. Sure, they will eventually be overturned, but it can take many months, even years.

The Liberal defenders of the activist judicial system claim that you can’s judge shop on the 9th Circuit Court of Appeals because they assign cases “randomly”. Even if you believed that the assignments were truly random, consider that a total of 18 judges or 75% were appointed by Clinton and Obama. Only 6 of the Appeals Court Justices were appointed by “W” Bush. And remember, Bush nominated Chief Justice John Roberts who gave us Obamacare. So his record is less than stellar. Democrat appointees NEVER fail to be liberal activists.

So the anti-Trump resist movement finds a Liberal judge to issue the ruling they want and then slow track it for years – if they can – to the Supreme Court where they know it will be reversed.

Too bad we don’t have a “3 Strikes You’re Out” rule for activist judges. 3 Vacated or overturned rulings and you are fired.

So can you judge shop the FISA Court?

This is a secret court and it is rare when we get a glimpse at the things that go on in the secret court bunker in a Washington DC fortress. We don’t even know which room in the Court Building houses the courtroom.

So when the government wants to spy on Americans, we know they go to the FISA court. We also know that the judge does not get to hear anything except the government’s case. The “other side” is not represented or even notified. We must trust that the government is an honest broker and presents an honest case and true evidence to the FISA judge.

We don’t know which judge signed off on unmasking Trump Campaign and transition team members. But we do know who the 11 judges on the FISA Court are.

And we also know who appointed them. The Chief Justice of the Supreme Court. John Roberts. The same guy that found Obamacare perfectly constitutional. Roberts has appointed all 11 of the FISA Judges. These judges serve a 7 year term and may not be reappointed. Congress does not confirm them and has no oversight. Secrecy! So in Robert’s 12 years as Chief Justice, he has appointed every one of the FISA judges, without oversight.

Of the 11 Roberts appointed judges, 6 were nominated to be judges by “W” Bush and one was nominated by Reagan. The other 4 were nominated to be judges by Clinton and Obama – 2 each.

So of the 11 judges, 4 were initially nominated to be judges by Democrats and 7 by Republicans. I am not sure why Roberts would even consider appointing judges initially nominated by Obama or Clinton, but then Roberts has been a major disappointment.

So if the Obama Administration wanted to listen in on the Republican nominee’s conversations for political purposes, which judge would he want? One would think one of the two FISA judges that he appointed to be a judge in the first place would be most friendly to his request. But given that the FISA Court rarely declines to issue a warrant, no matter which one they end up with is probably going to allow the wire-tap.

So are the cases assigned randomly? No, they are not. Each judge serves on an “on call” basis for 7 days. So, approximately on week every quarter each judge takes a turn. How hard would it be to wait until a friendly judge is serving his week? Who is serving might not be openly known, but I doubt the Justice Department, FBI or even the president could not easily find out.

What has leaked about the Trump FISA warrant is that it was initially declined and then, after more evidence was presented – most assume that was the “Dirty Dossier” – the warrant was granted. What we do not know is which judge denied the initial request and which judge approved it. Was it the same judge? Or two different FISA judges?

Because of the secret nature of this court, we may never know if there was a pattern of judge shopping by the Obama Administration on the FISA Court. But I would hope the Congress at some point installs some oversight into this process. Even just an “after the fact” review by Congress.

We may know more if, or when, the 4 page Memo is released, though I would doubt we will be able to view the actual warrants.

Interestingly, researching this article I found a ton of “Fact Check” stories reporting that Trump’s tweets about being “wire-tapped” were “false”. Some of these media sites are going to have to go back and update the incorrect stories. Because at this point, there is no doubt whatsoever Trump and his team were, indeed, wiretapped.

Perhaps after we see the memo it will be worth some research to point out the stories that deny Trump could have possible been under surveillance.

For starters, Fact Check.Org might want to revisit their story Examining Trump’s Wiretap Claim.

But somehow, I doubt truth is that great of a concern to Liberals who are perfectly fine with false information or “fake news”.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

3 Responses to “Can the Government “Judge Shop” to Obtain a Wire-tap Warrant from the FISA Court?”

  1. GeneThePopulist says:

    The road right wing AM radio and Fox news is going down allows no one with common sense to ask intelligent questions, as usual. Only questions designed to mislead the base where they want them to be led are allowed.

    If a judge in the FICA Court was lied to or laws were broken to obtain a warrant, then why is the right wing media not asking who actually broke the law to obtain the warrant?

    The real question here is why Comey told us that the Hillary investigation was being re-opened just before the election, but never told us Trump was also under investigation. Now that is what we need
    to be investigating.

    You people still holding out and having dreams of Obama, Hillary, Holder, or Lynch, being prosecuted are sick. Mentally ill. The election was 15 months ago, wake up. Obama is on the golf course. The lock her up rallies were just a lie, just like just about everything else.

    You have been had by Trump. Ask Steve Bannon. Trump destroys everybody’s life he touches sooner or latter. Nobody wants to work for the Trump S—t House. The deal maker couldn’t negotiate his way out of a paper bag. What about that Trump DACA deal, called a Bill of “Love” Trump idea?

    What a joke.

  2. Bob Shannon


    Excellent analysis of the current state of affairs regarding this dangerous abridgment of our Constitution.

    I like the idea of any Judge being fired if overturned 3 times, then again we are relying on common sense coming into a political arena.

    My pessimism stems from what we are beginning to witness, namely that our top law enforcement agencies have been politicized beyond anything we ever imagined in our worst dreams. Yesterdays news that some 50,000 texts between two of the main culprits in how the FBI and the U.S Justice department handled the dossier issue clearly demonstrates how badly damaged these institutions are. What is at the core is that the news story included that scores of these texts have ” went missing”.

    You can not abide by the Constitution when the various departments are being run by human beings who are themselves so thoroughly corrupted.

    We can hope through the remaining appointments Trump will have the opportunity to make the Supreme Court will be strengthened . Lord knows Congress isn’t going to fix it.
    Bob Shannon

  3. Great post , Thanks for shearing this topic .I am very interested in this topic . I would like to share my opinion on this topic . Additionally, when licenses are given out to bonded locksmiths, the governments, companies such because the FBI acquire identification particulars.


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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