I was harping a bit last week about the need for Trump to hit these Marxists back hard. I was suggesting that he use some of the information that he undoubtedly has to take down possibly McCain or Graham. Then came Saturday, when Trump dropped a thermonuclear tweet about Obama having illegally wire tapped Trump Tower. The media went into a frenzy demanding proof, even though they themselves have yet to provide any proof for their entire stupid “Russians hacked the election” hoax. You can really see the nervousness in their posture as they are trying to play this off as, “Oh wow. Trump is totally off the rails haha he’s crazy. He is just making wild accusations hahaha”.
Here is some actual legal break down of what this all means from a lawyer. Folks, it would appear I was urging Trump to aim way too low. It looks like he’s not going to bother with McCain or Graham, he’s going to nuke Obama himself. Expect massive casualties.
President Trump recently tweeted claiming that former President Obama wiretapped him during his campaign. One can only imagine how nuts the media would have gone if the roles had been reversed: President Trump wiretapping either Obama or the Clintons, though his DOJ could have authority to do just that given the expansive leaks of intelligence information by Obama and Clinton supporters the last few months.
Trump has outmaneuvered these people countless times over the past year and yet, they still act as though he is some sort of halfwit who has no clue what is going on. There is no way he just dropped this information for the lulz. These people seriously overplayed their hand with these non stop attacks via the media and now he’s pissed. They’re going to regret this move.
Heck, he could wiretap the media at this point, legally and legitimately, as the sources of these unlawful leaks, for which Obama himself set precedent. Do liberals understand what Pandora’s Box Obama opened up by Obama using the powers of the NSA, CIA and FBI to spy on his political opponents? Even Nixon never did that.
I have been saying this since way before the election. When all of these people thought they were being so clever by letting Obama basically rule by Executive Order, they assumed that the game would always be played by the same in club players and things would never waver from the game plan. Now they’ve set a precedent and Trump made it clear some time back that he has no problem following that precedent. Hell, the fact that they laid this precedent out may have very much been a contributing factor in Trump’s decision to run in the first place.
The stories currently are three-fold: first, that Obama’s team tried to get a warrant from a regular, Article III federal court on Trump, and was told no by someone along the way (maybe the FBI), as the evidence was that weak or non-existent; second, Obama’s team then tried to circumvent the federal judiciary’s independent role by trying to mislabel the issue one of “foreign agents,” and tried to obtain a warrant from the Foreign Intelligence Surveillance Act “courts”, and were again turned down, when the court saw Trump named (an extremely rare act of FISA court refusal of the government, suggesting the evidence was truly non-existent against Trump); and so, third, Obama circumvented both the regular command of the FBI and the regularly appointed federal courts, by placing the entire case as a FISA case (and apparently under Sally Yates at DOJ) as a “foreign” case, and then omitted Trump’s name from a surveillance warrant submitted to the FISA court, which the FISA court unwittingly granted, which Obama then misused to spy on Trump and many connected to Trump.
To keep all of this in perspective: the FISA court is like a surveillance rubber stamp when the government wants to spy on someone. For the FISA court to have turned it down means that it was blatantly bad. Of course, none of this is really surprising. When you put an African in the office of the President, how is it surprising that he acts just like African Presidents have always acted?
Are these allegations true? We don’t know yet, but if any part of them are than Obama and/or his officials could face serious trouble.
Can a President be charged with a crime? Only once out of office. While in office, impeachment remains the exclusive remedy in order to avoid a single judicial branch trying to overturn an election, such as a grand jury in any part of the country could. Once out of office, a President remains immune from civil liability for his duties while President, under a 1982 decision of the United States Supreme Court. However, as the Nixon pardon attests, nothing forecloses a criminal prosecution of the President after his presidency is complete for crimes against the country. Obama, the Constitutional lawyer, should know that.
Yeah well, I’m pretty sure that was pretty much an affirmative action title.
What crimes could have been committed? Ironically, for Democrats falsely accusing Attorney General Sessions, perjury and conspiracy to commit perjury, as well as intentional violations of FISA.
Karma? Dude I know karma. She’s a real bitch.
Rather shockingly, no law currently forbids misusing the power of the presidency to spy on one’s adversaries. What the law does forbid is lying to any judicial officer to obtain any means of surveillance. What the law does forbid, under criminal penalty, is the misuse of FISA.
FISA is supposed to be pretty much a system that gives the President whatever he wants. Leave it to a nigger to screw it up.
FISA, 50 USC 1801, et seq., is a very limited method of obtaining surveillance authority. The reason for its strict limits is that FISA evades the regular federal court process, by not allowing regularly, Constitutionally appointed federal judges and their magistrates to authorize surveillance the Fourth Amendment would otherwise forbid. Instead, the Chief Justice handpicks the FISA court members, who have shown an exceptional deference to the executive branch.
Don’t you just love legal reasoning? FISA use is strictly limited because the judges on it are hand picked to give the President whatever he wants.
This is because FISA court members trust the government is only bringing them surveillance about pending terror attacks or “grave hostile” war-like attacks, as the FISA statute limits itself to. Thus, a FISA application can only be used in very limited circumstances.
How is this set up supposed to be a check on power when it’s openly stated that they pretty much are just going to trust whatever the government wants to do?
One important reminder about electronic surveillance. Occasionally, a law enforcement officer will hear or see or record information not allowed by the warrant, but incidental or accidental to otherwise lawful surveillance. Their job is to immediately stop listening, stop recording, and to delete such information.
Yeah, I’m sure they do that all the time.
FISA can only be used for “foreign intelligence information.” Now that sounds broad, but is in fact very limited under the law. The only “foreign intelligence information” allowed as a basis for surveillance is information necessary to protect the United States against actual or potential “grave” “hostile” attack, war-like sabotage or international terror.
Or Hillary Clinton losing the election.
Second, it can only be used to eavesdrop on conversations where the parties to the conversation are a foreign power or an agent of a foreign power. An agent of a foreign power cannot be a United States person unless they are knowingly involved in criminal espionage.
But but but……..the Russians!
No warrant is allowed on that person unless a FISA court finds probable cause the United States person is knowingly engaged in criminal espionage. Even then, if it involves a United States person, special steps must be taken to “minimize the acquisition and retention, and prohibit the dissemination, of non publicly available information concerning un-consenting United States persons.”
That last part is where the deep shit part really starts. “The dissemination of non publicly available information”. You know all of these supposed leaks that the press keeps magically getting a hold of? Can you see where this may be headed?
This includes procedures that require they never identify the person, or the conversation, being surveilled, to the public where that information is not evidence of a particular crime.
The further you go in this analysis, the more you get the feeling that somebody is quite possibly screwed here.
Third, the kind of information sought concerns solely information about a pending or actual attack on the country.
Hey, John Podesta excitedly clicking on an email with “Hot Pizza” in the title and getting his email compromised is like an act of terror!
This bring us to Watergate-on-Steroids, or #ObamaGate. Here are the problematic aspects of the Obama surveillance on Trump’s team, and on Trump himself. First, it is not apparent FISA could ever be invoked. Second, it is possible Obama’s team may have perjured themselves before the FISA court by withholding material information essential to the FISA court’s willingness to permit the government surveillance. Third, it could be that Obama’s team illegally disseminated and disclosed FISA information in direct violation of the statute precisely prohibiting such dissemination and disclosure. FISA prohibits, under criminal penalty, Obama’s team from doing any of the three.
I can just imagine the number of frantic phone calls with the phrase, “I’m not taking the fall for this!” that have taken place over the weekend. I bet the leftists wish they hadn’t pushed their stupid Russian hacking hoax so far.
At the outset, the NSA should have never been involved in a domestic US election. Investigating the election, or any hacking of the DNC or the phishing of Podesta’s emails, would not be a FISA matter. It does not fit the definition of war sabotage or a “grave” “hostile” war-like attack on the United States, as constrictively covered by FISA.
They were just so confident in their arrogance that Hillary would win in the end that they never thought anything would come of this. This is what happens when you start believing your own fake polls.
It is your run-of-the-mill hacking case covered by existing United States laws that require use of the regular departments of the FBI, Department of Justice, and Constitutionally Senate-appointed federal district court judges, and their appointed magistrates, not secretive, deferential FISA courts
Which then begs the question: as much as these people have gone on about how upset they are over this supposed hacking, why haven’t they ever involved these law enforcement agencies? It would almost make a Nazi think that they didn’t want anyone looking at anything else that may be on their computer.
Out of 35,000+ requests for surveillance, the FISA court has only ever rejected a whopping 12.
In other words: it’s pretty much an automatic rubber stamp for whatever the government wants. How the hell do you screw that up?
Apparently, according to published reports, you can add one more to that — even the FISA court first rejected Obama’s request to spy on Trump’s team under the guise of an investigation into foreign agents of a pending war attack, intelligence agents apparently returned to the court, where, it is my assumption, that they did not disclose or divulge all material facts to the court when seeking the surveillance the second time around, some of which they would later wrongfully disseminate and distribute to the public.
Which if true, exposes what a sham this court set up really is. “Oh say, um we have a new surveillance request today. It’s nothing like that one you turned down yesterday. In fact, just pretend that never happened haha.”
By itself, misuse of FISA procedures to obtain surveillance is itself, a crime.
Obama’s defense will be like when blacks get caught on COPS: “Sheeit mane that ain’t even my warrant”
This raises the second problem: Obama’s team submission of an affidavit to to the FISA court. An application for a warrant of any kind requires an affidavit, and that affidavit may not omit material factors. A fact is “material” if it could have the possible impact of impacting the judicial officer deciding whether to authorize the warrant. Such affidavits are the most carefully drawn up, reviewed, and approved affidavits of law enforcement in our system precisely because they must be fully-disclosing, forthcoming, and include any information a judge must know to decide whether to allow our government to spy on its own
I wonder how many of these people have realized yet that Trump isn’t playing by the same rules that they’re used to playing by?
My assumption would be that intelligence officials were trying to investigate hacking of DNC which is not even a FISA covered crime, so therefore serious questions arise about what Obama administration attorneys said to the FISA court to even consider the application. If the claim was “financial ties” to Russia, then Obama knew he had no basis to use FISA at all.
I assume this entire operation was carried out by low IQ niggers who were affirmative actioned into the positions they held prodded on by Jews.
Since Trump was the obvious target, the alleged failure to disclose his name in the second application could be a serious and severe violation of the obligation to disclose all material facts. Lastly, given the later behavior, it is evident any promise in the affidavit to protect the surveilled information from ever being sourced or disseminated was a false promise, intended to induce the illicit surveillance. This is criminalized both by federal perjury statutes, conspiracy statutes, and the FISA criminal laws themselves
That’s a whole lotta statutes but I pretty much read it as someone is royally screwed. I can picture these leftists right now still trying to reassure each other, “Oh don’t worry. He’s just bluffing! We’ll just get the media to mock him again as though he’s stupid.”
That raises the third problem: it seems the FISA-compelled protocols for precluding the dissemination of the information were violated, and that Obama’s team issued orders to achieve precisely what the law forbids, if published reports are true about the administration sharing the surveilled information far-and-wide to promote unlawful leaks to the press.
Oh hell, you media kikes aren’t going to get out of this unscathed either!
This, too, would be its own crime, as it brings back the ghost of Hillary’s emails — by definition, FISA information is strictly confidential or it’s information that never should have been gathered. FISA strictly segregates its surveilled information into two categories: highly confidential information of the most serious of crimes involving foreign acts of war; or, if not that, then information that should never have been gathered, should be immediately deleted, and never sourced nor disseminated. It cannot be both.
And there it is: do not pass go. Do not collect $200. Their only hope is that Trump doesn’t push it that far. Now of course, I have no idea what Trump is or isn’t going to do but I do get the feeling that after nothing but non stop underhanded attacks since the day he took office, he’s pissed. They think that he is going to play by their rules where at the end of the day, they all laugh it off and go play golf together. I get the feeling that Trump actually hates these people and who could blame him? They’ve swatted a hornet’s nest here that they should have left well enough alone. Now he’s given them enough time to get far enough out on a limb and he’s smiling at them with a saw in his hand. This shit is fixing to get real. After feeling as though Trump has been mostly on the defensive since taking office, it would appear he’s now getting ready to move some chess pieces and the Marxist’s king is in jeopardy.