Home Commentary “Fruit Of The Poisonous Tree” – FISA Alterations Could Pose Significant Trouble...

“Fruit Of The Poisonous Tree” – FISA Alterations Could Pose Significant Trouble For FBI


Authored by Sara Carter via SaraACarter.com,

Key Points


  • FBI officials concerned that FBI lawyer Kevin Clinesmith’s tampered and altered documents to obtain Foreign Intelligence Surveillance Warrant will put into question all the evidence gathered to obtain the warrant.
  • Horowitz referred Clinesmith to DOJ Prosecutor John Durham appointed by Attorney General William Barr for further investigation.
  • Other FBI officials will be wrapped up into Clinesmith’s warrant tampering. Who approved the warrants?
  • Criminal Defense Attorney David Schoen says FBI failed to make immediate correction of any materially false statement or any material omission. “Clearly no such correcting submission was made here.”
  • FBI Lawyer Kevin Clinesmith led the interview on George Papadopolous in February, 2017.
  • Clinesmith was anti-Trump and removed from the Russia investigation.

Department of Justice Inspector General Michael Horowitz’s anticipated report will reveal that the Foreign Intelligence Surveillance Application warrant was tampered with but the significance of that cannot be understated. It means that Horowitz’s discovery will discredit the bureau’s handling of its investigation into President Donald Trump’s campaign and Russia during the 2016 presidential election and it could make any information discovered during the course of seeking approval for the FISA and after ‘fruit of the poisonous tree’,” according to numerous sources who spoke to SaraACarter.com.

“Based on what we know, Clinesmith’s tampering of documents appears to have been significant enough to have played a role in the FISA courts decision to grant a warrant to spy on an American, maybe more than one American,” said a U.S. official, who spoke on condition of anonymity due to the sensitivity of the matter.

“There is concern among the FBI that all the evidence will come into question, as it should – particularly the case of the ‘fruit of the poisonous tree’ that the evidence itself is tainted – if that’s true than anything gained from that evidence might also be tainted. This could be a problem for anyone who approved the FISA as well.”

What we now know is that FBI lawyer Kevin Clinesmith, allegedly altered an email that FBI officials used to prepare to seek court approval to renew the wiretaps on former Trump campaign advisor Carter Page, as first reported by the New York Times and verified by SaraACarter.com. The extent of the alterations in the FISA application is still unknown but it was significant enough for Horowitz to refer Clinesmith to Connecticut Federal Prosecutor John Durham, who was appointed by Attorney General William Barr to investigate the origins of the FBI’s handling of the probe. Durham’s probe has also expanded to the CIA, of which he has interviewed numerous officers and the Pentagon’s Office of Net Assessment, which paid FBI confidential informant Stephan Halper to collect information on several Trump campaign advisors, as first reported by this new site.

The DOJ obtained three FISA renewal orders on Page. According to the NYT “the paperwork associated with the renewal applications contained information that should have been left out, and vice versa, the people briefed on the draft report said.”

That’s a serious problem, stated the U.S. official. Why? Because Clinesmith’s alterations in the documents played a role in the ability for the FBI to continue to wiretap Page throughout the renewal process.

David Schoen, a criminal defense attorney, told SaraACarter.com that the FISA process requires absolute scrutiny as the defendant, the person targeted by the warrant, is not represented by anyone due to the extraordinary secrecy of the process.

Schoen noted, if an “agent falsifies, materially alters with false information, or makes a material omission in documents relied on to authorize surveillance – and here it was to authorize the most intrusive kind of surveillance by the most secretive court in the land – then any further step in the process and any material obtained by surveillance from the point of his illegal conduct forward is arguably poisoned by the initial illegal materially false alteration or material omission.

“Moreover, while all courts rely completely on the integrity of the surveillance application and supporting documentation and on the agents presenting them, the FISC must by definition do so to an even greater degree because it is all presented ex parte and the entire process is shrouded in secrecy , but can impact on the privacy of American citizens to the greatest degree imaginable,” he added.

More importantly said Schoen, “the FISC has an express rule of procedure affirmatively requiring the immediate correction of any materially false statement or any material omission. Clearly no such correcting submission was made here.”

Making matters worse, Clinesmith was vehemently anti-Trump, raising significant questions of bias. He was removed in February, 2018, from the Russia investigation, in the same fashion former FBI Special Agent Peter Strzok, who headed the investigation into Trump’s campaign, was removed. Clinesmith’s anti-Trump text messages stated the “crazies have won” and “viva la resistance” in relation to Trump’s presidential victory.

Was Clinesmith a low level FBI attorney? Or did he play a significant role in the early investigation?
George Papadopolous, who was central to the FBI’s investigation into Trump and believes the FBI took a FISA out on him, said no.
On Monday, Papadopolous told Fox and Friends, that Clinesmith was the “attorney who interviewed me from the Department of Justice, I know the New York Times mentioned him as some sort of low level attorney for the DOJ, but I don’t think he was a low level attorney.”

“This individual brought an entire delegation from Washington D.C. to interview me in February, 2017 and we now know he, and some of the others who interviewed me are under criminal investigation,” Papadopolous added.

“So I think the report is not going to be as pleasant as many people think it’s going to be for the FBI and its probably going to lead into criminal prosecution that Durham is going to be taking over from him.”

Will the altered evidence collected by Clinesmith taint the rest of the evidence submitted to the court?

Clinesmith was caught. But what happens to the information the FBI collected and who else may have collected information regarding the targets:Papadopolous and Page both foreign policy advisors early on during the Trump campaign. Further, it would stand to reason that any information submitted on former Trump National Security Advisor Army Lt. Gen. Michael Flynn, would also come under scrutiny as well if it was used in any way during the investigation.

Another question that lingers is the FBI’s relationship with its alleged confidential informant Halper, who was a paid contractor for the DOD. He also apparently sent reports to the FBI and those reports would be significant in Durham’s investigation, according to sources.

Halper’s reports may or may not have been used in obtaining the FISA, on Page and whose reports may now come into question by the Justice Department, said several sources familiar with the Office of Net Assessment and the FBI.

Horowitz’s report is expected to be hundreds of pages long and mostly unredacted.

If that is the case, the majority of information that has been requested by Republican lawmakers but has remained classified on the Russia investigation may be declassified in an effort to get the report out to the American public, according to sources.

A crucial piece of the classified documents would be any exculpatory evidence that wasn’t presented to the FISA court, according to a senior lawmaker. It would in effect, be evidence that would say there was no collusion between Trump and the Russians and may very well be the evidence collected by Halper during his interactions with Trump’s advisors.

In May, Trump gave Barr the authority to declassify the documents, which have been described as four major buckets by Republicans.

On December 9, Horowitz, whose office has remained tight lipped on the matter, is expected to release the report and he will testify before Congress two days later on Dec. 11.

via zerohedge


  1. “Based on what we know, Clinesmith’s tampering of documents appears to have been significant enough to have played a role in the FISA courts decision to grant a warrant to spy on an American, maybe more than one American,” said a U.S. official, who spoke on condition of anonymity due to the sensitivity of the matter.’

    So how many were really spied on along with Carter Page? Carter Page was not even working with President Trump’s campaign and he was spied on for a year? To be harassed like that by the Government, kind of like a Communist or Socialist program, NOT an American one.

    FBI got caught in this communist/socialist plot due to James Comey, Mr. McCabe, and let’s not forget Robert Mueller. They LIED so they could spy on a candidate. Gee just like Obama.

    Something better be done, because We the People need to have trust the FBI that they are using this FISA tool to protect Americans, NOT spy on them to hurt a candidate THEY don’t like.

    We shall see.


    • I’ve been pondering a thought regarding Election 2016. Is it possible that there is far more significant involvement herein than meets the eye? I’m talking about God against the invisible Forces of Darkness (fallen angels); literally. Satan would love to keep Pres. elect Donald Trump from beginning office. When you consider that Donald Trump’s nomination came as one of 19 others. And then you consider the electoral college battle. And now even to the last breath of the DNC, they are protesting into Inauguration Day, and even six months later at Independence Day. But God will prevail against the forces of darkness (the Demons). I praise God for that. Yes. We need to keep the President and Vice President and their families in our prayers. We must diligently seek your face, oh God.

      • President Trump is bringing “In God We Trust” back. Past administrations felt they WERE gods.

        I pray every day that God will protect those who stand up for what is RIGHT!. Not just for President Trump and Vice President Pence, but for our law enforcement, our military, and those taxpaying citizens who don’t want to go the socialist/communist way like the Dems and THEIR cult members want.


    • Fake FISA warrants were the ingress point, via Carter Page, for the Alphabet Agencies and obamba administration, to illegally spy on Trump’s entire campaign.

      “Fruit of the Poisonous Tree” should render the entire coup/sedition/treason/mess invalid, including Sheriff Woody’s fake investigation . . . . all info was developed due to the fake FISA warrants and the only fair solution is the issuance of a whole lot of smartly tailored Orange Jump Suits, populated by Leftist Crooks.

  2. Horowitz will suggest that sloppiness was a problem, but that none of his pals in the FBI did anything wrong. Then Barr will fix it so that THIS NEVER HAPPENS AGAIN, and that will be the end of it.

    • Shame but truly believe that this will be the way they go. And those who did it, well they are above the law, so the Dems say.

      And all this time, We the People wait as the House of Representatives, FBI, DOJ, take more focus on THEIR crimes and THEIR political future, than the business that needs to be done.

      Budget, hell no. National security, nah. Health care, why should they bother as We the People aren’t focus on the health care of the illegals.


  3. This is what happens when self righteous, sanctimonious, arrogant, childish, lying, immature, criminally corrupt hypocrite dimwit democrats think that the law and the American Constitution doesn’t apply to THEM like it does everyone else. And this is PRECISELY why I will never EVER cast a single solitary vote for a libtard demon democrat in ANY election for ANY reason whatsoever as long as I live. They are evil and criminally corrupt down to the quantum level.

    God bless President Trump!

  4. Be wary of the self-righteous! They are like mirrors. They reflect light upon the misdeeds of others and deflect light away from their own. They always have a hidden agenda. Evil done by light of day cannot hide itself away, evil done by dark of night will always be revealed by light. We the People are that light and our time is coming!

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  6. So, the FBI, perpetrators and Congress owe the taxpayers for 36 months of fraudulent activity designed to unseat a duly elected POTUS! Every dollar will be paid and full investigation will commence with criminal charges applied.
    We – the hard-working, tax-payers – have had enough of the shenanigans played at our expense! Each and everyone swore to uphold the law, to abide by the law and to serve the people who pay their salaries!

    • Well said, D Eiland! Wouldn’t that be a shock if those responsible for wasting millions of our dollars actually were held accountable and have to repay what they wasted doing their own political nonsense instead of doing the people’s business? I hope Leavenworth has enough space for all the criminals in DC. This whole coup, sandal, whatever you choose to call it should be a big red flag for demanding term limits with our elected officials, including judges.

      TRUMP 2020!!

  7. The first problem at the start was that it was obvious the media bought into a false narrative of collision and didn’t do any true journalistic Investigation to expose it. Purely leftist politics on display . . .

  8. What are you talking about? Frumpy has already compared himself to God. “In God We Trust” never went away. Don’t try to change it to “In Trump We Trust”—he isn’t God or the second coming no matter what the evangelicals say.

    • lol, no he hasn’t. But you go ahead. You are just upset your Messiah’s legacy is going down the drain. Showing all the ugly conspiracies and crimes he allowed because HE thought he was god.

      Oh btw. Happy Thanksgiving. Got LOTS to be thankful for because of President Trump.


  9. The fix is in! Low level lawyer will take the hit, everybody else just doing what their supposed to from what he told them. Hey at least Page and others RAILROADED in this scam should be able to hit the Lawsuit Lottery.

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