Mark Levin’s Landmark Legal Foundation Asks FISA to Probe Intel Leaks

Mark Levin (Nicholas Kamm / AFP / Getty)
Nicholas Kamm / AFP / Getty

Mark Levin’s Landmark Legal Foundation has filed an amicus curiae (“friend of the court”) brief with the United States Foreign Intelligence Surveillance (FISA) Court asking it to investigate “he leaking of surveillance activity conducted in accordance with the rulings of this court.”

Levin has been at the forefront of piecing together evidence, based on mainstream media reports about  investigations into possible links between Donald Trump’s presidential campaign and the Russian government, which suggests there was a systematic effort on the part of the Obama administration to collect, disseminate, and leak intelligence on Trump.

At the very least, there was at least one case in which the identity of a U.S. citizen caught up in FISA-authorized surveillance — former General Michael Flynn — was leaked illegally to the media, with the result that he lost his job as National Security Adviser. His predecessor, Susan Rice, has admitted asking for other names of Trump officials to be “unmasked.”

The brief explains:

A flurry of recent published reports citing numerous anonymous federal intelligence and law enforcement officials has disclosed an enormous amount of classified information, apparently gathered pursuant to orders issued by this Federal Intelligence Surveillance Act (FISA) Court. The nature, timing, and volume of classified information released indicate a systematic effort to exploit the orders of this Court for political purposes.

The brief goes into further detail, and asks the court to consider the matter en banc — as a full court — under its authority to consider “exceptional matters.” The brief suggests several questions to be pursued, including: “Did government officials seek one or more national security surveillance warrants from this Court as a pretext to conduct an investigation for the purpose of affecting an ongoing national presidential campaign and subsequent transition of an incoming president?

The Landmark brief also asks the court to consider severe sanctions, including possible referrals for criminal prosecution, and issuing “tan order to all relevant federal law enforcement and intelligence agencies to show cause as to why they should not be held in contempt for failing to protect the secrecy of classified information obtained pursuant to orders of this Court.”

Much of the brief consists of reciting the case first described on the Mark Levin Show, and augmented at Breitbart News, but in far greater detail, with extensive quotes and citations.

Unlike a typical amicus brief, which deals with a current case , the Landmark brief only addresses past cases, which is the most it can do because the FISA court works in secret. There is nothing to block anyone from filing a brief with FISA (nor compelling it to answer).

The brief explains:

It is impossible for Amicus Curiae to know the breadth and extent of the FISA Court’s order or orders. Consequently, it is not possible for Landmark to know what of the leaked classified information detailed herein is subject to this Court’s order or orders and jurisdiction. But this Court knows its orders and is uniquely situated to take action to determine whether or not its orders have been and are being abused.

Levin, who is president of the Landmark Legal Foundation, revealed the brief on his show Thursday, one hour after it was filed.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named one of the “most influential” people in news media in 2016. He is the co-author of How Trump Won: The Inside Story of a Revolution, is available from Regnery. Follow him on Twitter at @joelpollak.


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