After thinking about my exchange with Kris over the weekend, I decided it would be useful to impress upon the FISC the value to the debate of, to the extent possible, the court’s announcing in public whatever action—if any—it takes in response to this matter. If the court already has some kind of proceeding ongoing to satisfy itself that the government’s conduct before it was appropriate, I reasoned, all it would need to do is announce its disposition publicly. If Nunes is right, the fact of some remedial or corrective action would speak loudly. If he’s full of beans—as I suspect—the fact of none would too. If no proceeding even exists, that would really say something.
The idea here is emphatically not to trigger the release of more classified material. There’s been enough of that. It is, rather, simply get a public answer to a very simple question: Does the institution actually responsible for supervising the FISA surveillance of Carter Page, the one that actually issued the warrant and renewed it multiple times, have concerns about how those orders were procured?