In light of recent revelations, if Nunes is right and the FISA judges involved were mislead by the FISA applications, they’re in an interesting position. You would think that they would infuriated at the agents who mislead them, and caused them to authorize the violation of the Constitutional rights of Carter Page and others involved. But we’ve heard nothing from them. Trey Gowdy is one of the few people on the Hill who has seen the unredacted documents, so he would know best the actual circumstances. He hasn’t written it yet, but here’s a draft of the letter I’d write if these allegations are true, and I were him, to give him a start.

“To the Honorable Judge ______:

It has come to the attention of this committee that the FISA application(s) for warrant that you authorized, were authorized on the basis of information that went beyond misleading, in that there were actual lies of both omission and commission, and that the information presented therein was both uncorroborated and unverified, with much of ostensibly independent sources being in fact circular. This was done so with the signature of the FBI personnel who applied for the warrants. It is understandable that in the light of the information you were provided that you would authorize the warrants.

But because the authorization was based on false or misleading information, your authorization in fact resulted in the deprivation of fundamental civil rights, guaranteed by the Constitution, of American citizens. As you are surely aware, the granting of a surveillance warrant out of public view is a far greater responsibility than upholding due process in an open court, and I’m sure that you take this grave responsibility to protect the rights of American citizens with the utmost seriousness. Speaking for myself, were I in your position, I would be infuriated at how I had unknowingly participated in such an act, as a result of duplicitous and lawless behavior on the part of the Executive branch.

As a legislative body, Congress has no ability to enforce the law against lawbreakers, but were I in your position, I would act on that justifiable anger, by appropriately sanctioning the individuals who participated in this lawlessness, and abused your court and the system of justice.

I hope that you are in agreement with our position, and will take the action necessary to ensure that nothing resembling this happens again.

If, however, you do nothing, our committee will be compelled to take such inaction as an acquiescence to the unlawful actions. In such an event, while the branch created by Article I has no direct power to discipline employees of the branch created by Article II, this House does have the power to discipline unlawful and unconstitutional behavior of those appointed to the branch created by Article 3. It is my sincere hope that the recommendation of this committee to the full House to use such power will be unnecessary.

Respectfully,

Congressman Trey Gowdy

Chairman, House Committee of Oversight and Reform”