The Chumph was at it again last night on Twitter, claiming President Obama has his Campaign Headquarters in Chumph Hovel wiretapped during the election.
Couple of problems with that. First off, the President can’t just order wiretaps of American citizens. A wiretap has to be done though a FISA Court, based on existing evidence that a person has, or is in the process of committing a crime. The process is specifically outlined in two laws, CALEA and the Patriot Act. Ergo, the DOJ has to have evidence to present to the court that there is a crime being committed. The reason for the wiretap typically is to identify all the criminals in the criminal enterprise, including those who the DOJ does not have evidence yet to convict. This is how the FBI typically goes after the Mafia. They have enough evidence to charge and likely convict a mobster, but want to gather evidence to charge those further up the line. Getting not only the guy who committed the murder, but the guy(s) who ordered it.
A FISA Court denied the FBI’s request for a warrant to monitor four members of the Trump campaign team over the summer, according to The Guardian. That means the FBI suspected criminal activity, but didn’t quite have enough evidence to convince the Judge at that time. That the Chumph campaign staff was involved in a conspiracy, isn’t at question. When you have now 5 high level people caught communicating frequently with the Russian “KGB”, it’s difficult to ‘splain how all of this “just happened” with no direction or collusion.
The president typically does not order surveillance, and there is no evidence that the Obama administration wiretapped Trump’s phones. The FBI, which is part of the Department of Justice, must request a warrant for a wiretap, and the DOJ prides itself on operating independently from the White House. The president ordering surveillance on an American would be a huge violation of that independence.
We don’t know at this point if any subsequent requests to the FISA Court were granted based on incontrovertible evidence.
The NSA and CIA aren’t subject to FISA, because they only can deal with offshore connections. Ergo, they can only look at and act on communications which reach outside our borders. If you are a Foreign Diplomat, or non-citizen communicating with the spy agencies of a foreign government – you are not a citizen, and have no FISA protections. So, if Flynn called the Chumph, the FBI would have had to get a Court Order to tap that (the NSA and CIA could not, under law listen in), If Flynn called the Russian Ambassador or someone in the “KGB”, the NSA was fully within legal rights to tap and record those conversations. The NSA can operate under the “warrentless wiretapping” provision of the Patriot Act – but there are limitations to that as defined by the Supreme Court. There is another agency which can conduct international surveillance which you’ve never heard of – but for this exercise, keep it simple.
So…It wan’t Obama who wiretapped the Chumph. If he did so outside the government through private resources, it would be inadmissible both in Court, as well as in regards to the Intelligence Agencies.
The ONLY way the Chumph’s campaign hovel could have been wiretapped is that the FBI had discovered criminal activity, and applied through a FISA Court for permission to wiretap by providing significant evidence of that criminal activity.
And that means there was provable, and chargeable criminal activity going on in the Chumph campaign.
So…The Chumph saying Obama tapped his phones…Is an admission of guilt.
‘You’re in deep sh*t’: Lawmaker alerts Trump if phones were ‘tapped’ a judge found ‘probable cause of crime’
A California Congressman took to Twitter on Saturday morning to warn President Donald Trump that — if he is correct that his Trump Tower phones were tapped — he is “in deep sh*t.”
Early Saturday morning, Trump set the political world ablaze by accusing former President Barack Obama of having his phones tapped prior to the 2016 election.
“Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!” Trump tweeted before adding, “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!”
It has been speculated that Trump’s wild accusations followed the president being alerted to aBreitbart article accusing Obama of orchestrating a “silent coup” against the administration. The article asserts that the Justice Department made two Foreign Intelligence Surveillance Court (FISA) requests in 2016 requesting Trump communications and data on a computer server in Trump Tower be monitored for connections to Russian banks or contacts.
Although Trump provided no information that he may have been monitored, Rep. Ted Lieu (D-CA) stated that the president may want to lawyer up.
“Mr. President: If there was a wiretap at Trump Tower, that means a fed judge found probable cause of crime which means you are in deep shit,” Lieu wrote. After providing a link to a Washington Post article on Trump’s tweets and the fallout, Lieu took it a step further.