President Donald Trump has again triggered a tsunami with a series of tweets. Trump went to his favorite device to accuse his predecessor, Barack Obama, of wiretapping Trump Tower. “Terrible! Just found out that Obama had my “wires tapped” in Trump Tower just before the victory. Various news outlets have noted that Breitbart just ran a story on the use or attempted use of Foreign Intelligence Surveillance Act (FISA) to investigate connections to Russian banks. The story was covering allegations voiced by radio host Mark Levin.
The first tweet stated “Nothing found. This is McCarthyism!” Trump threatened that “I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”
“Terrible!” Trump tweeted. “Just found out that Obama had my ‘wires tapped’ in Trump Tower before the victory. Nothing found. This is McCarthyism!”
Terrible! Just found out that Obama had my “wires tapped” in Trump Tower just before the victory. Nothing found. This is McCarthyism!
Is it legal for a sitting President to be “wire tapping” a race for president prior to an election? Turned down by court earlier. A NEW LOW!
How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!
Arnold Schwarzenegger isn’t voluntarily leaving the Apprentice, he was fired by his bad (pathetic) ratings, not by me. Sad end to great show
It is a rather frivolous concern to follow such a significant allegation.
I have previously stated that Trump’s use of twitter is not as shocking as many have suggested given the long-standing effort of presidents to use new technology to speak directly to the American people. However, such communications should not take on the character of stream of conscious thoughts or issues that should be first fully examined by aides or counsel. It is also problematic for a president to discuss FISA targets which are highly classified. Thus, it is a rather odd for a president to opine “Is it legal for a sitting President to be “wire tapping” a race for president prior to an election? Turned down by court earlier. A NEW LOW!”
The President has access not just to Breitbart but classified evidence including any and all FISA applications. (For full disclosure, I had occasion to go to the FISA court when I was an intern with the NSA and later became a critic of the court). The problem with the President’s question is that the standards for FISA are so low and easily satisfied (with little judicial review) that it is difficult to establish any illegality under the law.
Passed in 1978 as a compromise with the Nixon Administration, FISA allows for “foreign intelligence” surveillance and was designed to evade the fourth amendment protections governing the use of warrants. FISA surveillance is permitted based on a finding of probable cause that the surveillance target is a foreign power or an agent of a foreign power. That is manifestly different from probable cause to believe someone has committed a crime. It is true that, if the target is a “U.S. person,” there must be probable cause to believe that the U.S. person’s activities may involve espionage or other similar conduct in violation of the criminal statutes of the United States. However, citizens can be collateral to the primary target under FISA.
In 1994 Congress extended FISA further to allow for covert physical entries in connection with “security” investigations, and then in 1998, it was amended to permit pen/trap orders. It has been used to gather business records.
There is provisions stating that a U.S. person cannot be surveilled “solely upon the basis of activities protected by the first amendment to the Constitution of the United States.” Thus, if Trump aides were targeted for political reasons, the surveillance would be unlawful even under the dubious protections of FISA. There are also minimization provisions designed to excise collateral or protected communications.
Notably, the tweet is likely to take over this news cycle just as the Administration was about to release the long-delayed Executive Order on immigration. As I previously discussed, a senior aide is being quoted as saying that it will be delayed again to guarantee that the order “has its own moment.” Of course, an executive order is not like some debutante that longs for its own moment like a coming out party at Mardi Gras. It is intended to protect national security and the “moment” (according to the government’s own filing) has already passed. However, whatever moment was being waited for, it may not come with this latest controversy.
I do consider the allegation of the prior Administration taping Trump Tower to be a matter of great concern but it depends on who was the target. Watergate after all involved an illegal break in and completely unlawful use of surveillance targeting political opponents. If true, this was done through a legal process. That does not make it right of course. Trump is correct that, if true, this should be a matter for investigation. The government should show considerable restraint in targeting political opponents. The Trump Tower was well-known to be the nerve center of the Trump campaign. However, we still do not know how the surveillance was tailored, if it was requested or granted.
This is just the kind of thing the Obama minions would have done. He wanted America to be another Zimbabwe, and imagined himself dictator for life. He was no better than Hugo Chavez, just better educated. I have no doubt this occurred in the “least” transparent administration since Nixon. I just wish he had the class of Geo W, and kept his mouth shut but we will be seeing him loudly and regularly as well as Michelle. I’m sure both will exercise their jaw muscles regularly.
Comey was involved, for sure. Is he an Obama minion?
Comedy is a polical animal and knows how to play both sides.
Are you talking about Obama or Trump? I think Obama was dignified to keep his mouth shut.
Now Trump? I agree with your assertion.
Geo W, I agree with, he is turning out to be more in control.
What’s interesting, of the three above, I didn’t vote for any of them. I did vote, just not for them.
The media will downplay this–painting Trump, instead, as some unhinged and paranoid individual–ignoring any question of impropriety or illegality, much the same way as it did when Hickory was slipped the exact questions prior to the debate by that load, Donna The Bazilla. The issue was buried. Barely addressed. Does it rise to the level of wiretapping? No, but expect this to be swept under the rug, as well. Even if it is proven to have occurred, Obama will feign ignorance. Not a far leap.
Don’t you think that if the FBI and the NSA made a surveillance request the American people deserve to know why? We need an independent investigation.
You don’t have to get out many brushes to paint 🎨 Trump as unhinged, most can figure that out themselves.
Your hatred for the man blinds you. It’s unfortunate, as it causes you to be so engrossed in his personality that you are incapable of distinguishing or addressing an unrelated issue, or, perhaps, crime, potentially involving the previous administration and its cohorts. Obviously, your animosity with regard to Trump prevents you from entertaining a thorough and complete investigation to ferret out the facts. That’s the definition of unhinged.
Your hatred for Obama blinds you. It’s unfortunate, as it causes you to be so engrossed in his personality that you are incapable of distinguishing or addressing an unrelated issue, or, perhaps, crime, potentially involving the current administration and its cohorts. Obviously, your animosity with regard to Obama prevents you from entertaining a thorough and complete investigation to ferret out the facts. That’s the definition of unhinged.
No hatred for Trump, pity just plain pity, it is unfortunate that such a delusional one can have access to the nuclear codes.
https://twitter.com/costareports/status/838033859761618947
Comey needs to step up and make a statement to the people as to why this was done He has done it in the past. 🙂
Distracting you all much with shiny objects, Promises of baubles?
Two very different and strategic communication styles: Obama speaks and immediately you knew what he said was either not true or it just meant something completely different. Trump speaks and immediately you know it is true, perhaps hyperbole but most importantly he is setting up his next move. We have 8 years of history to prove when Obama said he wanted to “fundamentally transform” America, that he meant it. No one actually bothered to ask him, “into what?”
We have what, 40 or so days with Trump and he’s doing what he said he was going to do. So far. Is there any doubt the Left is throwing everything at him to prevent him from settling in to the job? The fear from the progressives is obvious, they cannot have a President that will unwind their decades of work creating this massive bureaucracy. The last thing they want is for the American people to learn that self-reliance is a good thing and that they can actually prosper without handouts from the government.
Where’s the evidence of voter fraud. When will is his Hawaiian investigative team finally release those unbelievable results.
Trump speaks manure.
That any sane person could think that Trump knows what he is talking about is absurd. He thought and LIED repeatedly about his non-existent “investigators” finding that Obama had been born in Kenya. So just what makes any person think that Trump is less delusional now? Maybe Turley is angling to be that good lawyer to take up the case. If he wonders how the FBI found out about Trump’s peoples dealings with the Russian, it should come as NO surprise that most agents and officials from that country are under investigation at ALL times and are undoubtedly being wired tapped. Trump and his minions are too stupid to realize that phones have TWO ends that can be wiretapped.
https://twitter.com/DavidCornDC/status/838029623652937732
David Corn – a keen grasp of the obvious and a dull take on the reality of realpolitik in DC.
Discredit the source all you want but he is correct about the proceedures isn’t he?
You offered him as an expert. There are lots of extrajudicial ways to do wiretaps.
Let’s have an investigation then. I bet Comey, Et al were in on the action.
procedures
The NSA collects everything. Obama openly supported Clinton so I don’t find this accusation implausible at all.
Still, it’s really stupid to put it on twitter. Put up or shut up. Get the evidence, put it in the public domain and take legal action.
BTW, if Trump thinks it’s outrageous that he was bugged, maybe he should stop the surveillance state on behalf of our nation, not just for himself. Hypocrite!
Agreed.
Who was the target? The whole Trump campaign was the Target, which was being run out of Trump Towers and Trump’s private jet. This should greatly concern everyone, no matter which party you identify with. And how can President Trump go onto another tweet that isn’t important? Because Trumpgate break-in is par for the course. And I am sure the team was fully expecting dirty games.
Did Trump really spell TAP as TAPP?
My first great laugh of the morning.
He didd.
All I can say is loll!
https://www.washingtonpost.com/news/post-politics/wp/2017/03/04/trump-accuses-obama-of-nixonwatergate-plot-to-wire-tap-trump-tower/?utm_term=.a20f0c295e82 ““It’s highly unlikely there was a wiretap,” said one former senior intelligence official familiar with surveillance law who spoke candidly on the condition of anonymity. The former official continued: “It seems unthinkable. If that were the case by some chance, that means that a federal judge would have found that there was either probable cause that he had committed a crime or was an agent of a foreign power.”
A wiretap cannot be directed at a U.S. facility, the official said, without finding probable cause that the phone lines or Internet addresses were being used by agents of a foreign power — or by someone spying for or acting on behalf of a foreign government. “You can’t just go around and tap buildings,” the official said.” Did a federal judge approve find probable cause?
anon,
You have been misinformed by the WAPO (not surprisingly)! This govt. does anything it wants as far as surveillance (and war crimes) are concerned. We have the documents to prove this thanks to whistleblowers. They are available for all to read. I suggest wikileaks and glenn greenwald for starter research on this topic.
What is wrong?: 1. the govt. breaks the law all the time with impunity 2.the govt. is capturing everyone’s data without warrants or cause 3. Trump is an idiot to say this and not provide evidence. (I guess he’s following the example of the WaPo and the NYTimes by making claims without any evidence to back it up!) and finally, 4. Trump is only upset because the mass surveillance effected him. He will not remove mass surveillance from our nation. That makes him a hypocrite.
Agreed.but I highly doubt Obama acted independly from the NSA and the FBI. We need an investigation.
I’m certain you’re correct about that. Obama is a lackey of the oligarchy. Always was. Still is.
Yes, it should be investigated and the security state should be dismantled.
Oh and the Office of the Presidents Official Motto: “The Buck Stopped here once, I am passing it On.”
I have previously stated, here, and here, and here, and here, that the man, DDT is a buffoon, stark raving mad, but, he will make America ashamed of itself, again, and again, and again, and again.
Yup, let’s increase military spending for the military that is larger than all others combined.
Yup, let’s get the money by abandoning as many regulations that will advance our technology in the waining auto industry-Reagan did this and the US auto industry dropped to half of what it was.
Yup, so no one will focus on what an idiot DDT is let’s blame everything on Obama, the Democrats, Mickey Mouse.
Yup, let’s not talk about Disney importing Indian techies to take the place of home grown American techies so that Disney’s bottom line improves. But deport some mothers.
Yup, what an idiot.
You have an opinion and I have one too. I voted Trump. My loathsome of Obama and his Administration is bottomless. Obama’s LIES were crammed down America’s throat by his Socialist policies for EIGHT years. If I had been Trump, I would have fumigated the White House before moving into it because of the stench of corruptness that was there for Obama’s Presidency.
Agreed @issacbasonkavich!
JR,
That was the forgotten Missouri State Massacre. You know you have heard about it, but I am sure, you have forgotten. KellyAnne will set you straight.
President Trump is reminding people that the FISA Court approved warrants against his campaign on suspicions. Obama did not do this without warrants. We need an independent commission.
I am beginning to think both parties
Are capable of extreme evil.
Or is it just mankind?
http://www.thecommonsenseshow.com/2017/02/28/state-department-employee-has-brakes-cut-for-the-second-time-what-she-knows/?utm_source=rss&utm_medium=rss&utm_campaign=state-department-employee-has-brakes-cut-for-the-second-time-what-she-knows
Option 2. See Leviathan, Chapter XIII.
I thought it was double malt, two fingers in 🥃 glass, drink until gone, repeat until the pain stops.
Delusional, just delusional, it’s sad that the President cannot act more presidential. This should have been a communication between he and his lawyers to determine if it in fact happened.
The administration tweets rather than thinks. His behavior is not only causing damage to the office of the president but to the world and international relations.
He reminds me of Rob Ford from Canada with his rants. I do not suspect Trump is smoking crack, but the man had lost touch with reality, in the sense he cannot do his job effectively.
The ops out in the field cannot do their jobs. It is very, very sad that Trump is spreading his delusional thoughts to the world.
So you expect Trump to rely on ABC, MSNBC, NBC and CBS to report that wire taps were placed throughout the Trump Tower? I hope he continues to TWEET away.
Well said @websterisback
MSM: Missouri State Musicians. What did they have to do with Nixon leaving? I was at the White House watching Nixon’s going away speech on August 9th 1974 and did not see any Missouri State Musicians.
We have discussed here many times the similarities between Nixon and Obama. The key difference being the MSM kept Nixon in line and righteously ran him out of office.
I bet James Rosen doesn’t think it’s a crazy allegation.
Or Sharyll Atkkisson. The NSA hacked her computer for Obama when she had the temerity to report on Fast and Furious scandal.
I don’t think that was ever proven to be a government hack.
Indeed. Obama and his Chumba Gang led by Jarrett , Holder, Lynch ordered FISA like it was item off a lunch menu. I hope “We The People” are able to see the Obama Administration finally in all it’s “Chicago Politics” ruination!