Drip Drip Drip Part Deux
What an amazing weekend!!!
This weekend we learned:
– there were no “wiretaps” of Trump Tower (James Clapper, Meet the Press)
– the President of the United States cannot “wiretap” people
– the current President of the United States doesn’t know that!!!!
So where do things stand, and what does it mean?
Donald Trump accused President Obama of “wiretapping” his campaign both before the election and after. Legally, the President of the United States hasn’t been able to directly “wiretap” since the 1970’s (that’s Nixon’s era.) The process requires a court order, either from a domestic court because of an ongoing criminal investigation, or through the courts set up by the Foreign Intelligence Surveillance Act (FISA) which involves a national security interest. Either court would require the agency requesting (FBI generally, but other agencies as well) to produce “probable cause” evidence. Probable cause means that there is clear evidence (not necessarily proof) that a crime or national security violation is being committed, and that listening in to conversations is necessary to gather further evidence.
So if in fact Trump Tower was “wiretapped”, then there was probable cause that the Trump campaign was coordinating in some way with Russian intelligence. By Trump suggesting that there was eavesdropping, then he’s admitting to this probable cause. I don’t think that is what he was doing, but it is an interesting side note.
The agencies dealing with national security DO NOT need a warrant to listen in on foreign electronic communications. They DO need one if the foreigner is conversing with a US citizen. The process goes that a transcript of the conversation is made, and a FISA warrant requested. If the warrant is turned down, the transcript is destroyed. Keep in mind, the transcript or other evidence would have to create probable cause in order to get the warrant.
Trump’s tweets over the weekend were clearly to distract from the controversy itself: was there communication between the Trump campaign and Russian intelligence. Trump decided to “call out” the Obama Administration, and he got a clear answer from former Director of National Intelligence James Clapper – there were no wiretaps in Trump Tower.
So what does that mean? It means there were no FISA warrants issued for Trump Tower, for the communications using the Trump Tower phones or other devices. That’s really pretty limited, as most modern communication is done through cell phones, and it would seem reasonable that if a Trump operative was talking to either Russian intelligence or someone in between the two, they would not use an office phone.
It means that Trump is trying to change the subject again, to focus on the “Obama Plot” to get Trump, or as Breitbart now categorizes it, “DEEPSTATEGATE.” It’s all a liberal plot to overthrow the Trump Presidency, so focus on that, not where the actual facts lead. As Obi Wan Kenobi would say, “there are no droids here.”
So are there “droids” here? We don’t know. The information isn’t out there. As many commentators stated over the weekend, there is so much smoke, it’s hard to believe there isn’t a fire. And the Trump group is making even more smoke.
Steve Bannon believes that the “Deep State,” the long time civil government employees who make up the core of the agencies involved, are working against Trump. He believes that they are still following the orders of President Obama. He may not be completely wrong.
There are long time government civil servants who have sworn an oath:
I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
They take their allegiance seriously, and they are determined to support and defend the Constitution. If there was information that the Trump campaign was in fact colluding with Russian Intelligence to influence the 2016 election, it is clear where their oath should take them.
Martin, Martin, Martin. I hate him as much as you do. But this statement?
“By Trump suggesting that there was eavesdropping, then he’s admitting to this probable cause.”
C’mon. You know better than that, as a legal proposition. He would say that they obtained the authorization to wiretap illegally. He most certainly is NOT “admitting [that there was probable cause to believe there was a situation which required a wiretap.
That said… the man is delusional.
This is what comes when you get all your “news” from Breitbart. They couldn’t even put a speaker up, for the Sunday morning talk shows, who could defend this lunacy. They sent some third or fourth tier young lady out there for a show or two, to get ROASTED. She put out some lame stuff about “he received information” (ie, he looked at the Breitbart site) that suggested that he may or may not have been bugged.
I commend to you & your readers George Washington’s Rules of Civility.
In particular,
Rule 50: “Be not hasty to believe flying reports to the disparagement of any.”
&
Rule 79: “Be not apt to relate News if you know not the truth thereof.”
GW wasn’t a Republican, but he was OK.