Two Possibilities in Trump Wiretapping, and Neither Is Good

Poetrooper sends us an article penned by a former FBI Agent, who opines on the recent IG report on the Hurricane Crossfire investigation’s use of the Foreign Intelligence Surveillance Act (FISA) to target an American citizen. His article is a chilling discourse on abuse of power and violation of Constitutional rights.

By Frank Watt

The report of the I.G.’s findings on the use of FISA in the FBI Crossfire Hurricane investigation is an outrage. As a 22 year FBI Agent, I have personally conducted multiple investigations using both Title III “wiretaps” and FISA authorized intercepts. From this perspective, I can only see two possible interpretations of the actions of the FBI and DOJ. Either scenario should anger and frighten every fair minded citizen who takes the time to read the report and understand its implications. To comprehend the magnitude of the wrongdoing, consider the following:

First, an American citizen, Carter Page, was targeted by our government for electronic surveillance under FISA (Foreign Intelligence Surveillance Act). Per the Act, his Fourth Amendment guarantee of privacy was judicially “suspended” to allow law enforcement to intercept and monitor his private communications. Ostensibly, the FISA court would allow this intrusion based on presented facts that indicated that Page was participating in an activity that was reasonably considered to be a threat to national security and was, in effect, the agent of a foreign power.

According to the I.G., the determination to surveil Page was based on second hand information provided by a member of a friendly foreign government and bolstered by reporting in the “Steele dossier”. Accepting the subjective judgement that the investigation was adequately predicated does not mitigate the disaster that followed.

Typically, a FISA warrant is issued to target a foreign national and, in general, the resulting intercepts come largely from overseas communications. FISA generally requires a lower evidentiary threshold than a “Title III wiretap” (used to intercept and monitor communications in domestic criminal matters). To use a FISA surveillance against a US citizen is a somewhat exceptional step. Basically, it negates Constitutional protections afforded to all Americans based on the judicial determination that the citizen is acting as an agent of a foreign power.

Because electronic surveillance (wire tap) is so intrusive, it is rightfully subject to intense judicial scrutiny. Additionally, because the evidence gathered in its use is singularly effective, law enforcement in general, and the FBI and DOJ in particular, scrupulously protect the integrity of the process. No law enforcement officer of any worth would stand before a judge and swear to an affidavit that he or she suspected was not completely true and accurate. No competent supervisory chain of command would permit that to happen. To risk the loss or restriction of that invaluable tool would be unacceptable.

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Based on what we are told by the I.G., there are only two possible conclusions that can be reached regarding the official conduct of those responsible for infringing on Carter Pages Constitutional freedoms:

The first is that the hand selected team of investigators, attorneys, and Senior Executive Service officials with decades of law enforcement, administrative, and judicial experience were abject failures at a task that they were hired to perform. Speaking from personal experience, in FBI, DEA, and state and local wire tap investigations, the slightest omissions, misstatements, and clerical errors are routinely identified and corrected by the street agents and line prosecutors who do these investigations for a living. To believe that a “varsity level” team, with unlimited time, support, and resources, somehow inadvertently overlooked seventeen major omissions, misstatements, and/or outright falsehoods, is simply not believable.

The second possibility is that nearly everyone who significantly participated in obtaining FISA coverage on Page knowingly and deliberately operated outside the law to one degree or another. The reasons behind the decision to do so are irrelevant. The particulars regarding the seventeen I.G. findings are startling, taken individually. It’s difficult to see how any of the individual omissions or misstatements could have happened accidentally. Viewed collectively, the apparent intentionality is nearly impossible to reconcile as anything but corruption.

Read the entire article here: American Thinker

The author is a 1983 graduate of the U.S. Naval Academy. He served for over 22 years as an FBI special agent, supervisory special agent, and FBI SWAT team leader.

Thanks, Poe.

Category: Donald Trump, Guest Post, The Constitution