Reading up to page 267, I’d say that the primary moral of the story comes down to:
- People hate reading.
- People really hate writing.
It does seem to be the case that one OGC Attorney deliberately falsified a few words in an email response from the CIA* Liaison that he forwarded on to others. I think that’s pretty clearly not kosher. But, even there, it seems likely that he did so because he felt like he’d determined that Page didn’t count as a “friendly” and he couldn’t be bothered to read nor write something more technically accurate and nuanced.
And, as it happens, the email that he edited and forwarded contained an attachment which contained a more precise description - but, no one ever read it.
Carter Page’s applications all contained the same information, written with the same words, each go around not because there weren’t pros and cons to append to it about the sources but because people felt like the balance of pros and cons all continued to be about the same level as they had been at first - just more specific - so why spend the time doing paperwork?
The report makes the point that, in FISA proceedings, no one is acting as the defense and so it’s incumbent on the FBI to go above and beyond to tell the entire story, warts and all, for the judge to weigh in.
From a theoretical sense, that’s all well and fine. In all practicality, though, that’s basically a request for the FBI agents to learn to love taking on the career of a novelist and to give up their chosen profession as an investigator.
That doesn’t work.
In the case of the OGC Attorney, it’s fair to say that he did wrong. Even if we trust that he genuinely believed that Page didn’t count as a compatriot of the CIA in any positive sense, he still made a clear attempt to misrepresent their response to him.
But, from everything else in the document, where people are asked, “Well, so, you learned this thing that might put X in a more positive/negative light. Why didn’t you update the Page FISA application footnote?” It’s a unanimous, “Yeah, ultimately, it just didn’t feel like it moved the needle enough to be worth the hassle of writing up.”
It’s probably the case that by the fourth application, the needle had moved on Steele enough to warrant an update. But it is also the case that they seem to have had other material (redacted) to supplement the application, such that any added provisos in the Steele section wouldn’t have fundamentally changed the overall merit of the application, on the balance. So, even there, there’s an argument to be made that the needle hadn’t really shifted.
Ultimately, I’d say that this is a somewhat crappy way to run a system that’s supposed to protect the average citizen’s basic rights to privacy. But, at the same time, it’s a human effort and humans just aren’t very good at some things and, at the current moment, they seem to be staying largely between the lines in terms of what they pursue, when they give up the pursuit, and how much of that they divulge to the public (so that the privacy violations never end up having any actual impact on anything). They’re lazy, not evil.
But, of course, any shoddy system has poor protections against going bad.
- Technically, it’s an assumption that we’re talking about the CIA in all of this.