FISA can only be used for “foreign intelligence information.” Now that sounds broad, but is in fact very limited under the law. The only “foreign intelligence information” allowed as a basis for surveillance is information necessary to protect the United States against actual or potential “grave” “hostile” attack, war-like sabotage or international terror.
http://lawnewz.com/high-profile/yes-obama-could-be-prosecuted-if-involved-with-illegal-surveillance/
A MUST READ FOR EVERYONE.
Did Donald J Trump pose a SERIOUS GRAVE HOSTILE THREAT TO THE USA???
Why was this before FISA in the First Place??
This in and of itself should be enough to fill GITMO!
Not exactly. The president can snoop without a warrant against, for example, the Chinese embassy, or the Swiss embassy. Aldrich Ames was snooped without a warrant, and IIRC, that case was an impetus for creation of FISA in the first place.
All that said, snooping without a warrant as a means to enforce criminal law, e.g., campaign finance or banking, well, that is outside the president's power, without a warrant.
HOWEVER, there is no penalty for the government snooping without a warrant, other than the evidence can't be used in a criminal trial, depending on the judge of course, each judge follows his or her own path. The civil penalty attached to government snooping without a warrant is toothless, although Trump could and maybe should sue. It would make political hay if nothing else.