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The Establishments war on Donald Trump
See other The Establishments war on Donald Trump Articles

Title: Schiff: ‘Simply False’ We Subpoenaed Call Records of Rep. Nunes
Source: Breitbart
URL Source: https://www.breitbart.com/clips/201 ... aed-call-records-of-rep-nunes/
Published: Dec 8, 2019
Author: Pam Key
Post Date: 2019-12-09 01:09:45 by nolu chan
Keywords: None
Views: 3172
Comments: 27

Schiff: ‘Simply False’ We Subpoenaed Call Records of Rep. Nunes

Pam Key
Breitbart
8 Dec 2019

On Sunday’s broadcast of CBS’s “Face the Nation,” House Intelligence Committee Chairman Adam Schiff (D-CA) denied using his subpoena power to obtain Rep. Devin Nunes’ (R-CA) phone records.

Partial transcript as follows:

BRENNAN: You know, in the 300 page report that your committee put out, it included some call logs, including numbers related to Congressman Nunes and a journalist and there has been a lot of blowback on you having published this. Upon reflection, should you have made that public?

SCHIFF: Well, absolutely. And the blowback has only come from the- the far right. But look, every investigator seeks phone records to corroborate, sometimes to contradict, a witnesses’ testimony. And here we had testimony that the president charged Rudy Giuliani with carrying out this plot, that he told Ambassador Volger- Volker and Perry and Sondland to talk to Rudy. And, in fact, Ambassador Volker testified about talking to Rudy. And so naturally, we wanted phone records to show they had those conversations and indeed, they did.

BRENNAN: Yeah.

SCHIFF: But it’s very important to point out, we did not subpoena Devin Nunes’ call records. We did not subpoena any journalist’s call records. And that is simply false information being pushed by the president’s allies. But the fact that Mr. Nunes or Giuliani or others show up in this scheme doesn’t make them irrelevant, doesn’t give them a pass.

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Begin Trace Mode for Comment # 9.

#3. To: nolu chan (#0) (Edited)

But look, every investigator seeks phone records to corroborate, sometimes to contradict, a witnesses’ testimony.

So the testimony mentioned Devin Nunes?

misterwhite  posted on  2019-12-09   9:22:21 ET  Reply   Untrace   Trace   Private Reply  


#4. To: misterwhite (#3)

So the testimony mentioned Devin Nunes?

I think so. My take is that Schiff is saying that Nunes and some journalist turned up as making calls to or receiving calls from the subpoena targets when the Dems subpoened the call records of the various ambassadors, looking for corroboration that they had called Rudy.

Schiff isn't denying that Nunes' name came up, just that Nunes and some journalist were not the subpoena targets.

I'm still not sure who the journalist was or if the Dems had any interest in him/her.

Tooconservative  posted on  2019-12-09   9:59:18 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Tooconservative, misterwhite (#4)

This may be relevant. Shifty Schiff has stated a warrant was not obtained. He has not stated how the information was obtained.

https://law.justia.com/codes/us/2016/title-50/chapter-44/subchapter-vi/sec.-3162/

2016 US Code
Title 50 - War and National Defense
Chapter 44 - National Security
Subchapter VI - Access to Classified Information
Sec. 3162 - Requests by authorized investigative agencies

50 U.S.C. § 3162 (2016)

§3162. Requests by authorized investigative agencies

(a) Generally

(1) Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States.

(2) Requests may be made under this section where—

(A) the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and

(B)(i) there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power;

(ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or

(iii) circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power.

(3) Each such request—

(A) shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that—

(i) the person concerned is or was an employee within the meaning of paragraph (2)(A);

(ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and

(iii) the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review;

(B) shall contain a copy of the agreement referred to in subparagraph (A)(iii);

(C) shall identify specifically or by category the records or information to be reviewed; and

(D) shall inform the recipient of the request of the prohibition described in subsection (b). (b) Prohibition of certain disclosure (1) Prohibition (A) In general

If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).

(B) Certification

The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in—

(i) a danger to the national security of the United States;

(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii) interference with diplomatic relations; or

(iv) danger to the life or physical safety of any person.

(2) Exception (A) In general

A governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i) those persons to whom disclosure is necessary in order to comply with the request;

(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

(iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a) or a designee.

(B) Application

A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.

(C) Notice

Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

(D) Identification of disclosure recipients

At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

(c) Judicial review (1) In general

A request under subsection (a) or a nondisclosure requirement imposed in connection with such request under subsection (b) shall be subject to judicial review under section 3511 of title 18.

(2) Notice

A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).

(d) Records or information; inspection or copying

(1) Notwithstanding any other provision of law (other than section 6103 of title 26), an entity receiving a request for records or information under subsection (a) shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information.

(2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(e) Reimbursement of costs

Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data.

(f) Dissemination of records or information received

An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only—

(1) to the agency employing the employee who is the subject of the records or information;

(2) to the Department of Justice for law enforcement or counterintelligence purposes; or

(3) with respect to dissemination to an agency of the United States, if such information is clearly relevant to the authorized responsibilities of such agency.

(g) Construction of section

Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). Source Credit

(July 26, 1947, ch. 343, title VIII, §802, as added Pub. L. 103–359, title VIII, §802(a), Oct. 14, 1994, 108 Stat. 3436; amended Pub. L. 109–177, title I, §116(f), Mar. 9, 2006, 120 Stat. 216; Pub. L. 109–178, §4(e), Mar. 9, 2006, 120 Stat. 281; Pub. L. 114–23, title V, §§502(e), 503(e), June 2, 2015, 129 Stat. 287, 290.) Editorial Notes

REFERENCES IN TEXT

The Right to Financial Privacy Act, referred to in subsec. (g), probably means the Right to Financial Privacy Act of 1978, which is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, as amended, and is classified generally to chapter 35 (§3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.

The Fair Credit Reporting Act, referred to in subsec. (g), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, §601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (§1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1601 of Title 15 and Tables.

CODIFICATION

Section was formerly classified to section 436 of this title prior to editorial reclassification and renumbering as this section.

nolu chan  posted on  2019-12-09   10:46:23 ET  Reply   Untrace   Trace   Private Reply  


#9. To: nolu chan (#8)

Shifty Schiff has stated a warrant was not obtained.

Not quite. He stated a warrant was not obtained for Nunes' phone records.

Nunes' phone calls showed up on other phone records which were subpoenaed.

misterwhite  posted on  2019-12-09   11:31:46 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 9.

#10. To: misterwhite (#9)

An NSL (an administrative warrant) can inquire several hops deep, does not require prior approval of a judge, and provides precisely what the Dems have displayed. I know of no evidnce or admission of the existence of a warrant. Obtaining a search warrant for the records of a congressman, lawyer, or journalist is somewhat challenging. It may be a case of obtaining a warrant from a FISA court for a foreign national, and then following one or two hops to get to the rest.

Also, obtaining and publishing the acquired data are two seperate issues. For what purpose was John Solomon's data published to the public?

https://www.thedailybeast.com/adam-schiff-no-we-didnt-subpoena-john-solomons-phone-records

"The House Intel committee tells The Daily Beast that they did not subpoena the phone records for Devin Nunes or John Solomon."

https://www.washingtonexaminer.com/opinion/editorials/why-is-adam-schiff-sniffing-around-the-phone-records-of-reporters-and-congressmen

Maybe it's a crazy idea, but there probably ought to be a presumption against leaking a political rival's phone activity in this manner. In fact, Schiff's behavior in this regard resembles that for which he now hopes to impeach the president.

There are other concerns here, as well. In the context of executive law enforcement, Fourth Amendment protections against unreasonable searches and seizures generally require permission from judges or magistrates. In other words, the “checks and balances” of the system require two of the three branches, not just one, to agree that the search is necessary and lawful. If Congress, meaning Schiff, acted without judicial imprimatur, then the legitimacy of his phone-records search is certainly questionable.

Meanwhile, if he did subpoena Solomon’s calls — again, this is not entirely clear — that would also raise serious issues related to press freedoms, in addition to the Fourth Amendment concerns. Schiff needs to clear up why Solomon’s calls were included in his dragnet. Their release appears to be an act of petty vengeance against someone whose reporting followed the wrong narrative.

nolu chan  posted on  2019-12-09 12:10:41 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 9.

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