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

Posted on 3/6/17 at 11:45 am
Posted by joshnorris14
Florida
Member since Jan 2009
45219 posts
Posted on 3/6/17 at 11:45 am
LINK

quote:

(e) Emergency orders
(1) Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of electronic surveillance if the Attorney General—
(A) reasonably determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained;
(B) reasonably determines that the factual basis for the issuance of an order under this subchapter to approve such electronic surveillance exists;
(C) informs, either personally or through a designee, a judge having jurisdiction under section 1803 of this title at the time of such authorization that the decision has been made to employ emergency electronic surveillance; and
(D) makes an application in accordance with this subchapter to a judge having jurisdiction under section 1803 of this title as soon as practicable, but not later than 7 days after the Attorney General authorizes such surveillance.
This post was edited on 3/6/17 at 1:02 pm
Posted by bamarep
Member since Nov 2013
51806 posts
Posted on 3/6/17 at 11:46 am to
Looks like Cankles is in trouble.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 3/6/17 at 11:55 am to
Another interesting tidbit from the FISC wiki page.

quote:

Since 2009, the court has been relocated to the E. Barrett Prettyman United States Courthouse in Washington, D.C.[3][4] For roughly thirty years of its history (prior to 2009), it was housed on the sixth floor of the Robert F. Kennedy Department of Justice Building.[3][4]
Posted by joshnorris14
Florida
Member since Jan 2009
45219 posts
Posted on 3/6/17 at 12:47 pm to
Bump
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 3/6/17 at 12:59 pm to
You should change the name of the thread
Posted by bamarep
Member since Nov 2013
51806 posts
Posted on 3/6/17 at 1:01 pm to
Agreed, to name Lynch as the probable source of this.


But of course we know She didn't do it without permission.
Posted by member12
Bob's Country Bunker
Member since May 2008
32096 posts
Posted on 3/6/17 at 1:04 pm to
Nice fishing expedition.

Spying on political opponents during an election.
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 3/6/17 at 1:07 pm to
quote:

(5) In the event that such application for approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.


I'm trying to understand the larger point you are trying to make.
Posted by joshnorris14
Florida
Member since Jan 2009
45219 posts
Posted on 3/6/17 at 1:08 pm to
The larger point I'm trying to make is that Loretta Lynch could have legally spied on Trump for 7 days without a warrant
Posted by member12
Bob's Country Bunker
Member since May 2008
32096 posts
Posted on 3/6/17 at 1:11 pm to
I'm sure they took advantage of the opportunity to spy on Trump. It was a tough election after all.
Posted by AUstar
Member since Dec 2012
17033 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 Holden Caulfield
Hanging with J.D.
Member since May 2008
8308 posts
Posted on 3/6/17 at 1:15 pm to
Could explain, in part, the tarmac meeting in June.
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 3/6/17 at 1:17 pm to
Only after immediate notification to a FISA judge and then subsequent application.

What's the problem here?

Most warrant/wiretapping laws provide from cases where exigent circumstances exist. The fruits of the search are worthless if the judge does not ultimately sign off.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 3/6/17 at 1:18 pm to
quote:

Looks like Cankles is in trouble.


I'd rather see her locked up than anyone else in the Obama administration
Posted by joshnorris14
Florida
Member since Jan 2009
45219 posts
Posted on 3/6/17 at 1:19 pm to
quote:

What's the problem here?


The problem is that Loretta Lynch could have spied on the future President, during a campaign, without even getting a warrant.
Posted by member12
Bob's Country Bunker
Member since May 2008
32096 posts
Posted on 3/6/17 at 1:20 pm to
quote:

What's the problem here?


Spying on a political campaign during an election under the guise that they are some kind of foreign operative harmful to national security.

You know...the Nixonesque shite that the Obama DOJ pulled to help do oppo research for Clinton during the most critical days of her campaign.

I guess you are okay with that since it was Democrats abusing their power this time.
This post was edited on 3/6/17 at 1:21 pm
Posted by Holden Caulfield
Hanging with J.D.
Member since May 2008
8308 posts
Posted on 3/6/17 at 1:21 pm to
quote:

The fruits of the search are worthless if the judge does not ultimately sign off.

In criminal cases perhaps but a political campaign is a bit different. You leak what you discover and reap the rewards.
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 ShortyRob
Member since Oct 2008
82116 posts
Posted on 3/6/17 at 1:22 pm to
quote:

Most warrant/wiretapping laws provide from cases where exigent circumstances exist. The fruits of the search are worthless if the judge does not ultimately sign off.

It's so cute how you lying assholes are going to act like the only thing those sitting in power might derive or even want to derive from eavesdropping is legally actionable Intel.

Yeah. Let's just pretend that's all that opposition candidates might find useful when granted the ability to monitor on their opponents.

Sheesh you people are fricking scum.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 3/6/17 at 1:24 pm to
quote:

In criminal cases perhaps but a political campaign is a bit different. You leak what you discover and reap the rewards.

He knows this.

He's just a dishonest prick who considers ANYTHIGN OK if it serves his political cause.

Oh, and what you described is exactly what happened because for all the "It's the Russians" bull shite, can't help but notice that Obama didn't bring any charges.
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