President Trump’s early Saturday morning tweeting has exploded to the forefront an uncovered scandal I’ve been talking about since early January (including in this weekend’s column): The fact that the Obama Justice Department and the FBI investigated associates of Donald Trump, and likely Trump himself, in the heat of the presidential campaign.Read more here.
To summarize, reporting indicates that, prior to June 2016, the Obama Justice Department and FBI considered a criminal investigation of Trump associates, and perhaps Trump himself, based on concerns about connections to Russian financial institutions. Preliminary poking around indicated that there was nothing criminal involved. Rather than shut the case down, though, the Obama Justice Department converted it into a national-security investigation under the Foreign Intelligence Surveillance Act (FISA). FISA allows the government, if it gets court permission, to conduct electronic surveillance (which could include wiretapping, monitoring of e-mail, and the like) against those it alleges are “agents of a foreign power.” FISA applications and the evidence garnered from them are classified – i.e., we would not know about any of this unless someone had leaked classified information to the media, a felony.
Trump’s tweets on Saturday prompted some interesting “denials” from the Obama camp. These can be summarized in the statement put out by Obama spokesman Kevin Lewis: A cardinal rule of the Obama Administration was that no White House official ever interfered with any independent investigation led by the Department of Justice. As part of that practice, neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen. Any suggestion otherwise is simply false. This seems disingenuous on several levels.
First, as Obama officials well know, under the FISA process, it is technically the FISA court that “orders” surveillance. And by statute, it is the Justice Department, not the White House, that represents the government in proceedings before the FISA court. So, the issue is not whether Obama or some member of his White House staff “ordered” surveillance of Trump and his associates. The issues are (a) whether the Obama Justice Department sought such surveillance authorization from the FISA court, and (b) whether, if the Justice Department did that, the White House was aware of or complicit in the decision to do so. Personally, given the explosive and controversial nature of the surveillance request we are talking about – an application to wiretap the presidential candidate of the opposition party, and some of his associates, during the heat of the presidential campaign, based on the allegation that the candidate and his associates were acting as Russian agents – it seems to me that there is less than zero chance that could have happened without consultation between the Justice Department and the White House.
Second, the business about never ordering surveillance against American citizens is nonsense. Obama had American citizens killed in drone operations. Obviously, that was not done in the U.S. or through the FISA process; it was done overseas, under the president’s commander-in-chief and statutory authority during wartime. But the notion that Obama would never have an American subject to surveillance is absurd.
...Nevertheless, whether done inside or outside the FISA process, it would be a scandal of Watergate dimension if a presidential administration sought to conduct, or did conduct, national-security surveillance against the presidential candidate of the opposition party. Unless there was some powerful evidence that the candidate was actually acting as an agent of a foreign power, such activity would amount to a pretextual use of national-security power for political purposes. That is the kind of abuse that led to Richard Nixon’s resignation in lieu of impeachment.
Moreover, it cannot be glossed over that, at the very time it appears the Obama Justice Department was seeking to surveil Trump and/or his associates on the pretext that they were Russian agents, the Obama Justice Department was also actively undermining and ultimately closing without charges the criminal investigation of Hillary Clinton despite significant evidence of felony misconduct that threatened national security.
This appears to be extraordinary, politically motivated abuse of presidential power.
Monday, March 06, 2017
"less than zero chance that could have happened without consultation between the Justice Department and the White House...This appears to be extraordinary, politically motivated abuse of presidential power."
This Andrew McCarthy piece has been quoted all over the internet, and I am just now getting around to reading it.