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Proof for Gingrich's claim that Flynn was surveilled in Trump Tower

Posted on 3/6/17 at 8:06 pm
Posted by joshnorris14
Florida
Member since Jan 2009
45194 posts
Posted on 3/6/17 at 8:06 pm
quote:


(4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 1802(a) of this title, procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 72 hours unless a court order under section 1805 of this title is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person.


LINK

So, in order for the information to have been retained and leaked to the Washington Post, Flynn HAD to have been under an investigation where surveillance measures were granted by a FISA court
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 3/6/17 at 8:08 pm to
quote:

Restrictions on the Dissemination of Raw SIGINT

A recipient element may disseminate U.S. person information derived solely from raw SIGINT only if a high-level official identified in the governing Memorandum of Agreement determines that the intended recipient has a need for the U.S. person information in the performance of his or her official duties and one of the following conditions is met:

The U.S. person has consented to the dissemination.

The U.S. person information is publicly available information.

The U.S. person information is necessary to understand the foreign intelligence or counterintelligence information or assess its importance.

The information is evidence of a possible commission of a crime and is reported consistent with the IC element’s crime reporting obligations. Of note, IC elements may not query or search raw SIGINT for a law enforcement purpose, but they may report evidence of a possible crime that they encounter in the course of conducting authorized foreign intelligence or counterintelligence activities.

The dissemination is required by law, treaty, or Executive Branch policies or agreements.


LINK
Posted by joshnorris14
Florida
Member since Jan 2009
45194 posts
Posted on 3/6/17 at 8:10 pm to
The phone call was made on 12/28. That executive order was signed more than 72 hours after the call. Are you claiming that Loretta Lynch broke the law by retaining the records of the phone call for more than 72 hours?
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 3/6/17 at 8:22 pm to
quote:

That executive order was signed more than 72 hours after the call.


Which executive order? Edit - Oh, I see. Looks like an update to theses procedures. I'm pretty sure the prior order in effect was substantially similar or identical on this part. I didn't even realize there was an update here.

quote:

Are you claiming that Loretta Lynch broke the law by retaining the records of the phone call for more than 72 hours?


I don't know what they did with any such records, if this is what actually happened. Sounds like a good question to be answered in an independent investigation.
This post was edited on 3/6/17 at 8:26 pm
Posted by joshnorris14
Florida
Member since Jan 2009
45194 posts
Posted on 3/6/17 at 8:24 pm to
quote:

Which executive order?


The executive order you just posted
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73417 posts
Posted on 3/6/17 at 8:25 pm to
quote:

Sounds like a good question to be answered in an independent investigation.
Posted by Old Hellen Yeller
New Orleans
Member since Jan 2014
9414 posts
Posted on 3/6/17 at 8:25 pm to
When does the investigation start?
Posted by Remote Controlled
Member since Apr 2013
6859 posts
Posted on 3/6/17 at 8:32 pm to
quote:

The U.S. person has consented to the dissemination.


Ever heard a message on the line saying..."All calls are recorded."?

By staying on the line you consent to the recording of said call.

If Flynn, or anyone else heard that claim, they consented to a recorded conversation.

Posted by Lima Whiskey
Member since Apr 2013
19098 posts
Posted on 3/6/17 at 8:34 pm to
Some have suggested that British Intelligence was used to collect the information, which would allow Brennan and Clapper to bypass the FISA court.
Posted by jeff5891
Member since Aug 2011
15761 posts
Posted on 3/6/17 at 8:58 pm to
quote:

In a related context, here is what FISA’s legislative history says about minimization rules and substitution of generic identifiers for U.S. person names when those U.S. persons are U.S. government officials (this passage is quoted in the chapter on minimization in my book on national security investigations and prosecutions):

One example [of a situation in which a U.S. person’s name could be disseminated in an intelligence report] would be the identity of a person who is the incumbent of an office of the executive branch of the U.S. Government having significant responsibility for the conduct of U.S. defense or foreign policy, such as the Secretary of State or the State Department country desk officer. The identifiers of such persons would frequently satisfy the “necessary to understand” requirement, especially when such person is referred to in the communications of foreign officials.

Flynn was not the incumbent at the time of the call, but the logic still applies. In short, this is not a close call.


LINK
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 3/6/17 at 8:59 pm to
He can end this anytime he wants
Posted by cajunangelle
Member since Oct 2012
146535 posts
Posted on 3/6/17 at 9:02 pm to
quote:

Some have suggested that British Intelligence was used to collect the information, which would allow Brennan and Clapper to bypass the FISA court.

Interesting...
Posted by TrebleHook
Member since Jun 2016
1356 posts
Posted on 3/6/17 at 9:04 pm to
We need a special prosecutor! Pause this retirement
Posted by GregMaddux
LSU Fan
Member since Jun 2011
18209 posts
Posted on 3/6/17 at 9:05 pm to
quote:


Ever heard a message on the line saying..."All calls are recorded."?

By staying on the line you consent to the recording of said call.

If Flynn, or anyone else heard that claim, they consented to a recorded conversation.


Post of the year candidate. Right here
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