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re: Lynch could have surveilled Trump for 7 days prior to FISA warrant rejection

Posted on 3/6/17 at 1:14 pm to
Posted by AUstar
Member since Dec 2012
17059 posts
Posted on 3/6/17 at 1:14 pm to
quote:


(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.


It seems here there are (legal) ways around FISA. Of course, if I am reading this correctly, they would have to inform the "Gang of Eight" on the Intelligence Committee in Congress. Also, the attorney general has to write an opinion under oath making the case that the wiretap met the conditions outlined in the subsections.

Perhaps a lawyer here can clarify whether Trump or his associates would fall under this statute.
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 3/6/17 at 1:22 pm to
quote:

It seems here there are (legal) ways around FISA.


FISA does not apply to strictly foreign-to-foreign comms that do not touch US infrastructure and are not reasonably expected to contain US person comms.

Thus, a telephone call between two Russians made in Russia where they gush about how well their US op is proceeding may be picked up without a FISA order.
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