Former Obama Advisor Says ‘No President Can Order a Wiretap’…But Look What the US Code Actually Says

Trump Alleges Obama Tapped his Phones and the Left Explodes

President Donald Trump hasn’t even completed his 100 days yet, his presidency hasn’t reached the halfway point of his first 100 days, and the “Deep State” has already been working overtime in order to either delegitimize Trump’s presidency or to set him up to be removed.

I’ve written about how then President Barack Obama had been doing some last-minute manipulations in order to sabotage the incoming president’s administration. In the weeks before the end of Obama’s presidency was up, he took some a little more privacy from Americans by “[giving] the N.S.A. broader powers” and by “relaxing of the privacy protections” of their personal information.

According to the New York Times, “Attorney General Loretta E. Lynch signed the new rules, permitting the NSA to disseminate ‘raw signals intelligence information,’ on Jan. 3, [2017] after the director of national intelligence, James R. Clapper Jr., signed them on Dec. 15 [2016].”

Barack Obama worked hard during his presidency to hype the conflict between the Russian Federation and the United States. This of course was to the benefit of NATO and the Military Industrial Complex. But Trump was wanting to work with Vladimir Putin, the President of the Russian Federation and have a better relationship between the two states.

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In Obama’s last months, he ordered the intelligence agencies to collect and distribute information of contacts between the Trump campaign and Russia. Even though there is no evidence that “Russia hacked the election” or had anything to do with various leaks of Clinton related emails, White House officials still continued to spread information about Russian efforts to undermine the presidential election.

Then, out of the blue, Trump made allegations that Obama had “tapped my phones.”  The unsubstantiated and unprecedented claim is raising eyebrows; everybody on both sides of the aisle was hysterical and claims Trump has no evidence. Donald F. McGahn II, the president’s chief counsel thinks differently though. He was working to secure access to what is believed to be an order issued by the Foreign Intelligence Surveillance Court authorizing some form of surveillance related to Mr. Trump and his associates.

There is evidence of wiretapping thanks to the media. In the January 19, 2017 New York Times article, “Intercepted Russian Communications Part of Inquiry Into Trump Associates” it reads:

“American law enforcement and intelligence agencies are examining intercepted communications and financial transactions as part of a broad investigation into possible links between Russian officials and associates of President-elect Donald J. Trump . . . The F.B.I. is leading the investigations . . . One official said intelligence reports based on some of the wiretapped communications had been provided to the White House.”

In another New York Times article, “Trump Campaign Aides had Repeated Contacts with Russian Intelligence,” it goes on to talk about “intercepted” calls but further in the article it talks about “wiretapped conversations” between Trump’s National Security Advisor Michael T. Flynn and Russia’s Ambassador to the U.S. Sergey I. Kislyak.

In a Zero Hedge piece, “Obama Advisor Rhodes Is Wrong: The President Can Order A Wiretap, And Why Trump May Have The Last Laugh,” Ben Rhodes, a former senior adviser to President Obama as deputy National Security Advisor, insisted that “No President can order a wiretap.”

Rhodes goes on to show his ignorance in “matters of Foreign Intelligence Surveillance, and its associated FISA court” and argues that “Those restrictions were put in place to protect citizens from people like you.” He also said “only a liar” could make the case that Obama wire tapped Trump Tower ahead of the election.

In Chapter 36 of Title 50 of the US Code “War and National Defense,” Subchapter 1, Section 1802, it reads that “. . . the President, through the Attorney General, may authorize electronic surveillance without a court order.”

The Federal Bureau of Investigation did not believe that Trump Tower’s private server, which was connected to a Russian bank was illegal in the way that Hillary Clinton’s email server was. But, in June of 2016, the Obama administration goes ahead and files a request with the Foreign Intelligence Surveillance Court to monitor communications involving Donald Trump and several advisers.

In a move which is very uncharacteristically FISA-like, the request was denied. What makes the Trump case unique is, since its inception, the FISA court has had nearly 40,000 FISA applications. Out of those 40,000 applications, only 12 had been denied and one of those was for Trump. Why was it denied? The request was probably denied because it had named Trump specifically. The Foreign Intelligence Surveillance Act prescribes procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers.” Donald Trump isn’t a foreign agent.

Five months later, in October the DOJ and FBI submitted a second, more “narrowly” drawn affidavit to the FISA court. The new request was more focused on a computer server in Trump Tower which was suspected of links to the Russian banks SVB and Alfa. No evidence was found — but the wiretaps are approved and in place so Obama can monitor an opposing presidential campaign, ostensibly for national security reasons.

Which now brings me to my opening statement about how Obama then relaxed the NSA rules to allow evidence to be shared widely within the government. This will virtually ensure information such as the conversations of private citizens would be leaked to the media.

And this is how Obama, the “Deep State,” and the Left plans to either delegitimize Trump’s presidency or cause him to be impeached or “removed.” This in turn will save Obama’s legacy and ensure that relations between the Russian Federation and the U.S. will stay frozen for at least four more years.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by

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