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

Posted on 3/6/17 at 1:22 pm to
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.
Posted by AUstar
Member since Dec 2012
17059 posts
Posted on 3/6/17 at 1:27 pm to
quote:


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.



I never said they did. I said there is a legal way around FISA for spying on American citizens. However, there is a lot of red tape involved, including informing Congress that you did it (and it has to be in writing and is considered under oath). Think of it as an exigent circumstance.

Of course, I doubt they went this route. I think they either went the "normal" FISA route (going to the judges and arguing their case) or they did it completely illegally on the "down low."
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