Two Possibilities in Trump Wiretapping, and Neither Is Good

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.

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