What I'd like to know is, under 50 USC 1805, is it possible to have a wiretap order issued strictly on the authorization of the Attorney General?
Here is a snippet that contains the wording in question:
"the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that - (1) the application has been made by a Federal officer and approved by the Attorney General"
Since we know the request was turned-down once by the FISA court (a rare occurrance indicating the reason for getting the wiretap approval were really weak) - did Obama turn to his own AG to go ahead and do it anyway?
Like to see Trump call in Rudy. He knows this stuff inside & out. He would be an excellent spokesman to flesh this out for the public.
Limited application. Go back to 1804 as directed. Do not collect $200.
§1804. Applications for court orders
(a) Submission by Federal officer; approval of Attorney General; contents
Each application for an order approving electronic surveillance under this subchapter shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 1803 of this title. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter.
Yes, There Could Be Serious Legal Problems if Obama Admin Involved in Illegal Surveillance
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Gee whiz....I wonder if this will effect Obie’s book deal :)
.........I don’t care if all they can jail the sob for is jay walking! I just want to see him make the perp walk and spend at least “some” time behind bars! And, with Hillary, Holder, Podesta, Peolosi, Schumer and Reid trailing along right behind!
There is no way you can justify wiretapping all the staff of a presidential candidate that you have going on the record of strongly opposing.
Exactly what I’ve been wondering all day. WHO ordered the second fisa request? The first one requested was in June, it was denied. They (who?)came back in October with a second request.
Who was it?
Maybe this is why Valerie moved into Obamas estate. They knew this was coming and Valerie needs to be around when Barry starts throwing temper tantrums.
It isn’t going to be found illegal. But Trumps doing a nice job turning this around on them. I hope they keep it up and neutralize Obama.
This is eventually going to lead to political arrests.
How would you feel if you found cameras and audio recordings of you in your bedroom over the investigation of a non-crime?
No wonder the man is pissed!
McCain was in on this, somehow. I guarantee.
After the initial turn-down of the wide-range —weak— one, 0 got a narroower-focused one.
But went ahead and did the wider-range one, the —weak— one.
0’s in a bind... he didn’t have the OK for the wide-range one.
If 0 had his AG do it, they’re both in a jam...
We had a FISA warrant to surveil interactions with the Russkie bank. We turned on the tap, and it was so boring and meaningless, the agents went out and got drunk, and forgot to turn it off. Yeah. That’s the ticket. And there was so much hot stuff on there about the campaign, we’d have been fools to erase it without getting an earful.
Would it be possible for Jeff Sessions to retract his recusal, or reword it so that he will be able to prosecute this? Has this ever been done?
Then someone in the DOJ has to investigate and not recuse themselves from it when the water gets tepid.
Nothing will happen but a bunch of capitalized TWEETS.
the rules are under 50 USC § 1802 - Electronic surveillance authorization without court order; certification by Attorney General; reports to Congressional committees; transmittal under seal
In the first place this authorization must be by " the President, through the Attorney General" and requires certified reports (under the oath by the AJ [Loretta Lynch]) to the select committees on Intelligence AND the FISA court.
Moreover the Attorney General must certify in writing under oath that:
there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party;
and that the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) [defining what "minimization means" (e.g. purging all references to any American citizen in any transmission of the information gleaned).
So either this paper trail exists and Obama and Lynch are in real trouble or else it does not in which case the penalties are 10 years and $10,000 in fines per act plus statutory civil liability under secion 810 for damages, statutory damages, costs and attorneys fees [the big ticket item in all of this].
By being quiet and emboldening folks to press on, taking out Flynn and, they hoped, Sessions and Banon and Conway, and Trump himself, the breadth of the civil consipiracy is now pretty wide. A lot of folks should be lawyering up and shutting up.
Would it be possible for Attorney General Sessions to say that due to recent information that has come forward, that “the president of the Untied States has asked me to reconsider my recusal in this case”, and just undo it? Would that be possible? Please advise.
Per50 U.S. Code § 1801 - Definitions
(h) “Minimization procedures”, with respect to electronic surveillance, means—
(1) specific procedures, which shall be adopted by the Attorney General, that are reasonably designed in light of the purpose and technique of the particular surveillance, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;
(2) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in subsection (e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.
That this information about Trump is circulating means that no such effective minimization procedures were in place.
Yes,just as serious as what the Clinton have done all of these years. America needs to realize the so called Justice System in America is controlled from beginning to end by lawyers and Lawyers always have the last word. Lawyers are 95% controlled by Democrats. THE Federal Employees consist of over 95% of the employees.
Eric Holder defended terrorist before becoming Attorney General and we all know about Loretto Lynch and Bill Clinton,
Considering that Loretta Lynch is up for a Jefferson Law Medal at UVA... this potential of her doing this “under direction” does not make her at all... a lawyer of Jeffersonian merit. She has also posted to dem websites, video encouraging more street demonstrations for “blood on the streets”, because “this has never been easy” upholding the Founders intents.
No kidding, she said this. Foment riots in the streets, BLM, Soros Occupy and a whole lot else— and wrap it in our Founders.
I think by April, the UVA Law will rescend this award, cause we will know a lot more, about this and her meeting on powder nose bill clinton’s plane. It was bill’s plane- not her’s (and will wager his plane was bugged).
bump