As part of its Trump-Russia investigation, the FBI obtained four FISA surveillance warrants on former Trump Campaign foreign policy advisor Carter Page. Michael Horowitz, Inspector General for the Department of Justice, reviewed the applications for these FISA warrants and found 17 errors in them, including one instance of intentional wrongdoing by an FBI staffer, but did not conclude that any of the FISA warrants were invalid or lacked a sufficient factual basis to be approved.
But apparently the DOJ itself has reached such a conclusion. The Foreign Intelligence Surveillance Court (FISA court) just declassified an order it issued on January 7, which says this:
DOJ assesses that with respect to the applications [for the last two FISA warrants], “if not earlier, there was insufficient predication to establish probable cause to believe [Carter] Page was acting as an agent of a foreign power.” ... The Court understands the government to have concluded, in view of the misstatements and omissions, that the Court’s authorizations [in the last two FISA warrants] were not valid.
My question is, who exactly in the DOJ made the determination that the last two FISA warrants were invalid?
Was Attorney General Bill Barr involved in this assessment, given his negative feelings towards the Trump-Russia investigation? Was John Durham, US Attorney for the District of Connecticut, involved, given that Barr tasked him with looking into beginnings of the Trump-Russia investigation including the Carter Page FISA Warrants? Was the Office of Legal Counsel involved, given that it’s the one that makes legal opinions for the DOJ?