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How Wiretaps Actually Work (washingtonpost.com)
David Kris, assistant attorney general for national security from 2009 to 2011, has responded to the recent accusations made by president Donald Trump. On Saturday, Trump accused former president Obama of orchestrating a "Nixon/Watergate" plot to tap the phones at his Trump Tower headquarters in the run-up to last fall's election. He writes in an opinion piece for The Washington Post: First, the U.S. government needs probable cause, signatures from government officials and advance approval from a federal court before engaging in wiretapping in the United States. There are some narrow exceptions, for things such as short-term emergencies, which are then reviewed by a judge promptly after the fact. This is not something that the president simply orders. Under the law governing foreign intelligence wiretaps, the government has to show probable cause that a "facility" is being used or about to be used by a "foreign power" -- e.g., a foreign government or an international terrorist group -- or by an "agent of a foreign power." A facility is something like a telephone number or an email address. Second, there is no requirement that the facility being wiretapped be owned, leased or listed in the name of the person who is committing the offense or is the agent of a foreign power. [...] Third, government officials, including the president, don't normally speak publicly about wiretaps. Indeed, it is in some cases a federal crime to disclose a wiretap without authorization, including not only the information obtained from the wiretap, but also the mere existence of a wiretap with an intent to obstruct it. With respect to intelligence wiretaps, there is an additional issue: They are always classified, and disclosure of classified information is also generally a crime. The president enjoys authority over classified information, of course, but at a minimum it would be highly irregular to disclose an intelligence wiretap via Twitter.
The president enjoys authority over classified information, of course, but at a minimum it would be highly irregular to disclose an intelligence wiretap via Twitter.
A General Hayden explained on the Late Show the other night that the president can tweet whatever he damned well pleases - Since he's the ultimate classification authority, information just BECOMES unclassified BY being tweeted. Of course this is irregular - We've never had a president who used Twitter (or any social media) the way DJT does. This is just an irregular presidency all together.
He's getting rather old, but he's a good mouse.
All this person is explaining is how it should normally function when done legally. It being done legally is not and has not been the problem.
Now I don't believe Obama went and wiretapped Donald Trump. But to claim that this is "how wiretaps work" is nothing but disinformation using the Trump accusations as a veil to pretend that nothing illegal was done to any other americans. Like the ones actually being illegally wiretapped.
Makes me think the entire story breitbart copied was planted for a reason...
As long as Trump's statements build a platform to justify his future actions, whether true or not, he is happy. It doesn't matter if illegal immigrants are actually criminals or not, it only matters that saying it provides Trump with the justification of building a gigantic wall. It doesn't matter whether Obama wiretapped Trump Tower, it only matters that saying it provides Trump with the ability to deflect conversation about Russian ties. This is how an authoritarian government works. They care less about the truth, and more about justifying their actions with a painted visage of half-truths and lies.
So you're trying to tell us even if Obama illegally wiretapped Trump, Trump is not allowed to tell anyone. Uhm, yeah...
www.weberseite.at
Newsflash - the intelligence agencies of the United States have a documented history of breaking the law.
Any claims based on the assertion that they behave lawfully is flawed and not to be considered credible.
Chapter 36 of Title 50 of the US Code *War and National Defense", Subchapter 1, Section 1802
(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that—
(A) the electronic surveillance is solely directed at—
(i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 1801(a)(1), (2), or (3) of this title; or
(ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801(a)(1), (2), or (3) of this title;
(B) 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
(C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 1801(h) of this title; and
if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately.
every weekend he flies off to florida to golf and meet with business and foreign leaders right after he shoots off some idiotic tweet that the media eats up all weekend long to take away from what he is actually doing
total justification
Even if something becomes unclassified because the president tweeted it doesn't mean it becomes TRUE because the president tweeted it.
You are welcome on my lawn.
Obama also didn't "order" the IRS to audit conservative organizations either. Crooks in authority often don't "order" things, they imply things, or simply create a climate and reward systems where things they want to happen happen. So, those are weasel words, attempting to obfuscate the obvious fact that the president has the power to make such things happen, tolerate them, or stop them.
I think it's pretty clear that the Obama justice department submitted applications to FISA courts for surveillance of Trump associates and that these were turned down multiple times until it eventually approved a narrow version. These applications were based on the notion that people associated with Trump might have illegal financial ties to Russia, charges that keep getting repeated to this day by Democrats, so it seems outright bizarre that Democrats would now deny any attempt at investigating those ties.
So, of course, the Obama DOJ conducted wiretapping and surveillance of Trump tower and attempted to involve Trump in it, and Obama either encouraged this or tolerated it or didn't know about it. Any of those possibilities make Obama responsible for it. That is, the wiretapping of the presidential candidate of an opposing party is such a politically important issue that Obama is personally responsible even if he was out golfing and only heard about it on TV afterwards.
Why has nobody else mentioned that the mere existence of this story points to one undeniable fact: Donald Trump, the president of the United States of America, does not know what the powers and limitations are for the office of president.
It was already pretty probable based on his public promises and problems with executive orders. This is just one more confirmation that he thinks Barack Obama had the powers of a king and that now he has been appointed king and that the only limitation is how far he's willing to take things.
Trump shoots off mouth about topic with no justification in fact. News at 11.
Which is exactly the point. When he doesn't like the way the news is talking about he changes it by saying something outrageous.
Donald Trump isn't crazy. And he isn't really careless -- not about the things that matter to him. He's manipulative. His supporters understand this, and don't mind when he is factually wrong because they understand he is a bullshit artist. They just think he's their bullshit artist.
The difference between bullshit and a conventional lie is that the bullshitter doesn't lie to deceive, he lies to produce an effect. Bullshitting is often safer and more effective than lying because a lie disproven is neutralized, but disproving bullshit is a waste of time because nobody is meant to believe it.
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Allow me to correct it:
How Wiretaps Are Supposed To Work If Everyone Follows the Laws
Many folks know this already, but the laws don't really apply to people operating at that level. They're supposed to. We're assured they do, but they don't.
They do what they want, then make up some bullshit story to justify their actions later on if they get caught and end up with a wrist slap at worst. It's RARE to see people at that level going to jail or even being held accountable for their actions.
I sincerely hope Wikileaks releases the most god-awful embarrassing revelations about what the Intelligence Community is doing under the guise of " National Security ". While most on /. already suspect the three letter agencies have their fingers in just about everything, it's nice to see it show up in the spotlight from time to time as a reminder that the World isn't nearly as nice a place as it seems to be.
Now, turn off your hatred for all things Trump for a moment and entertain the possibility that there might be some truth behind Trump's wiretapping claims. The ability to spy on everyone means our future leadership can be hand-picked because any possible opposition can be singled out and utterly destroyed simply by putting their entire life under a microscope and " leaking " information that would be useful to destroy their reputation. If the Hillary camp is to be believed, releasing damaging information at the right time is quite effective isn't it ?
If that doesn't work, mis-information is equally devastating in this day and age. We don't need proof, just make some shit up and, if it's juicy enough, the media jumps all over it like a Republican on a Tax Cut ( or to be fair, like a Democrat on a Tax Increase ). Retractions later on are irrelevant if the time window is narrow enough. ( Like an election ) The damage is already done.
Taking that a step further: Would you like the Trump ( or any ) administration to have the ability to hand-pick their successor by utilizing tools / agencies designed to Spy on foreign powers ? Tools that are unavailable to any potential opposition which puts them at a tremendous disadvantage. Better yet, would you like the CIA, NSA, $TLA to pick your leadership FOR you ?
I doubt it.
How does that mean he can't tweet "whatever he wants." The point was there's no higher power stopping from from speaking.
The higher power is his duty to faithfully represent the United States and guide its government. He's not tweeting things like "I hate Taco Tuesday", thereby preventing all Tex-Mex restaurants in the US from offering cheap tacos on Tuesday. He has directly tweeted accusations that the prior administration broke federal law and did something so unethical that Congress is required to investigate and, if true (which so far there is zero evidence of it being true), would shake the very foundation of American government-especially considering the hostile and adversarial political climate currently in the US. He has used tweets to lay blame for the effects of ill-conceived and horribly executed Executive orders not on his orders but on companies who were in no way involved (ie. the travel ban). He tweeted about cancelling the new Air Force One contract and Boeing's stock dropped immediately (in fairness it did recover once people realized he wouldn't actually do it). Presidents have Press Secretaries, speechwriters, and communications staffers precisely because his words carry so much weight that they have to be carefully considered, otherwise you risk very serious fallout or collateral damage. He's not a reality TV host anymore, or someone who just licenses his name to everything from belts to buildings: he represents 320 million people and the largest military spender in the world by far. Being an unfiltered loudmouth is the last thing you want to be in that situation.
The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
It very well may be illegal. Presidents are not above the law although some, including trump, believe they are and have said so.
"Not if the president does it."
Trump has said this and it's very, very wrong. Nixon said it too. He was wrong as well and paid the price for it.
We're gonna win so much, we're gonna get tired of winning!
"Somebody has to do something. It's just incredibly pathetic it has to be us."
--- Jerry Garcia
You damn well can't just say whatever you want, because at best it can cost people money. Worst case, it can cost people their lives.
You say that as if you think Trump actually gives a shit about costing other people money or their lives. I think Trump loves the fact that he can move markets with nothing more than a fact free tweet from the toilet.
That's the point I am trying to make. Trump either doesn't know or doesn't care. And the problem is a President has to know and has to care.
The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
He's manipulative. His supporters understand this
Oh, if only they did.
Oh, but they do. They just don't believe he'd do it to them.
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Hashtags on Slashdot? Truly these are dark days.
Of course your description is not what happened at all. Here's what actually happened.
PRESS: "Wiretaps were used to investigate Trump's possible Russian involvment."
TRUMP: "I was personally wire tapped and Obama ordered it!"
PRESS: "Donald Trump Unhinged! Claims he was Spied On. Unfounded!!!!"
Do you see the huge glaring gap there between the first and second lines? That's the reason for the third line.
There is currently zero evidence for Trump's claim and the president making such a claim about a prior president without evidence is indeed unhinged.
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"The same kind of bullshit Obama used to spew, and the left understood he was "lying" in order to "progress" the narrative. "
Please, give me an example of Obama doing this. Something on par with claiming the prior president had bugged his phones while possessing zero evidence to support the claim please.
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story about how the NYT changed their headline to remove the word Wiretap.
In the story is the ORIGINAL story as NYT printed it. You can't find it anymore because that story/headline proves Trump is correct, and the NYT can't have that.
Yea, NYT isn't biased. The are literally changing previously run stories that verify Trump's claims.
How you like them apples?