The ‘Woods File’ is the mandatory FBI evidence file that contains the documentary proof to verify all statements against U.S. persons that are contained in any FISA application. Remember, this is a secret court, the FISA applications result in secret Title-1 surveillance and wiretaps against U.S. persons, outside fourth amendment protections.
The absence of evidence is not necessarily evidence of absence. However, in the case of the “missing” or “reconstructed” Woods file used to gain a Title-1 FISA surveillance warrant against U.S. person Carter Page, the overwhelming evidence shows there never was one. The Special Counsel manufactured the appearance of one ex post facto in 2018.
Here’s how we can tell:
♦ FIRST – Common Sense: Recent reports of the DOJ, FBI or NSD “losing” the Woods file are abjectly silly on their face. Given the specific importance of this specific case there’s no reasonable person who would believe such a critical file of underlying evidence would just go missing and have to be recreated by the Weissmann special counsel.
♦ SECOND – Precedent: In the March 30, 2020, memorandum written by the Office of Inspector General after review of 29 DOJ-NSD FISA applications, the IG noted the absence of Woods Files is not an uncommon occurrence. Factually within the 29 FISA applications reviewed, four were completely missing the Woods File. Meaning there was zero supportive evidence for any of the FBI claims against U.S. persons underpinning the FISA applications. [ie. The FBI just made stuff up]
♦ THIRD – How Would They Get Away With That?: To answer that question it is important to remember the DOJ-National Security Division, the entity responsible for the legal assembly of FISA applications, did not have any oversight. In 2015 the OIG requested oversight and it was Deputy AG Sally Yates who responded with a lengthy 58 page legal explanation saying, essentially, ‘nope – not allowed.’ (PDF HERE) All of the DOJ is subject to oversight, except the NSD.
The DOJ-NSD could get away with the lack of legal requirements because there was no entity providing oversight to ensure the completeness of the legal requirements they were supposed to follow. Not coincidentally this is the exact division within the DOJ that weaponized FARA investigations as the justification for political surveillance. [That becomes important later when we get to Carter Page specifics]…e
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