WWL>Topics>>3-6 7am Tommy, can a President order a wiretap of someone?

3-6 7am Tommy, can a President order a wiretap of someone?

Mar 6, 2017|

Tommy talks with April Doss, former NSA lawyer and attorney with Saul Ewing LLP, about wiretapping, surveillance, and the FISA courts.

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Automatically Generated Transcript (may not be 100% accurate)

April to loss is nice enough to join as a former national security agency's security agency lawyer. And an attorney with soul Ewing LOP good morning ma'am. And I'm doing well and I hope I don't nasty too many dumb questions but I wanted to try to get a handle on a sick day. I it's on the president of the United States on president Tucker and I don't like. Thank you well I don't know. It is so other than the rays on and off its new really be congratulations or not but I decide you know what I don't like what's going on them while looking campaign. On a wiretap Donald Trump good make it happen boys and ladies went what happens there went Kennedy's. Don't know. Important protection. That all the link back to air. Eric or. On structured our mentality are they on act. And no accident directly order wire tapping and and the picture editor the wiretap act which is sometimes church street under her account back you have. Court order that are issued each area of people might be in art. Match security. And then under three half court ordered weren't sure wiretapping at heart people who are. She covered it or you're not unity. To. An. They're happy or order happened and that the matter which party epic edit on the court action we have. Again. Political. So who does have the order. If for example they think whoever thinks Ronald Donald Trump. And his campaign is can sorting with the Russians. At that time will who would have the voters did the authority to do what exactly at that point and I'm not saying he was for our audience on his what do you. Sure sure. Patent the carpet at work and of course now I can't just let it and I'm reacting to all that he or. The tropic. It. He executive branch agency perhaps yet the way. Hats I am in ink that why he got what. They are each era. It goes there aren't caricature and a court and it would. Why is currently at that. Organization back lot area. It either born talent or you can occur or Eric definitions that are written critically they. He can get here by. Arm bar by hole and what goes to the Arctic Arctic port should. As we're but the heat protection. And art politics man. Those that are borne out in our sport is who me. It sparked by federal. And and be jackets are appointed. Typically just court either. Duckett ran epic district that matter mr. order Maryland or better or. You know. At a district court in a city our right here. That are owed Jack you know I'll kind. And they happen to the and for a week at a time blocking the ears. I think the big. Act just to repeat application. With that in your application. Or iron. Well at the government met its standard. Probable. The lead back to her and or an Easter being out. The short hour or you know per hour and there is probable cost to the leap. Every ethnic. Let the law called security to act on them. Every reality is that aren't our. Act. Together. That can't issue order. Pretty. The bill that would star in the back to answer. It can only be it. An independent. But the good the president could. Call his own Justice Department and say look I think I guess lanky tanking gone on over there. Let's wiretap amend do you go about say in this case it would be able rattle lynch you go about doing whatever needs be done to get that might attempt would that be accurate. He ran it right now that you know aren't handing norm or cracked within the executive branch it forward. The White House again at the end eat at that party occur. Many years. It sport but it. Any independent of any. Investigation. Ordered try to prevent any care that there could be incur the credit. It sure accurately. Arm what happened. Jack worker class or are jittery a palpable. Much further out and the bureaucracy actually. It was usually count on it in one at age bracket. What we've already learned is that in order for the Justice Department or a slice of court. To order. A wiretap it has to be against a foreign power or an agent of a foreign power in that case would have had to have been made. Against Donald Trump in order for any of this to happen is that accurate April. You're. Not much. News and got our current current. Here on the ground now. There really any potential that communication you can connect dead or wind isn't true and hard at how. EB. Ever that there for an hour in power shall well pal well content. I'm. If the company has. Awful taking them on all the foreign power. Google street in communications. And power in Geneva or and I caught on. Government. Actually creating. An electric and a half full column email communication. Is architecture. How president of that cold and lead them to be labeled. An agent of foreign power. Where they were kept. A high are actually there aren't you are communicating with a foreign power would not in. Aren't I mean and they can be communicating with and howler her whole make arrangements to get together for social spray. I am a lot of communication are concretely and an. April for example there would this is all hypothetical and his partner in the works. If there was some type of communication between Donald Trump his campaign. About wicket leaks or about. Hacking into the system to influence the election would dat beat. With that meet the standard of making him a foreign power and therefore making this illegal wiretap. All are being weren't. 100. Actor. You expect other people there. The for an hour or an up and Kyle and hearing you and extra protections. And they require. It. Standard a year or it knowing trying to earn 38. In government. To kind of come in like and again. I. And again we don't know at issue here for sure yeah yeah shall why can't they afford government. We know. Carol alt a crick in your electric arc. So April let me get a couple of things again here. If this is true. And from everything you've told me in the year earlier half dollar any Al can go back and listen the podcasted WWL dot com. This is virtually impossible for this to be true. Yeah. Well you know we get it deep and former group who opted out and yeah home. I'll fall into artwork. And. April and hard and you know I'm sorry let me Julien reward. Won't. Get better has better. And we are inherent in the court. The former director act in car. The press and say categorically that it. And that's important. And I looked at Easter morn. Help people be confident that they understand what the facts are. Now. For those you know that. On and on the old saying goes it's for some people own explanation won't matter because they believe what they want to believe anything that Donald Trump everything he says. Is true and it may well be I don't know but given affected it would be virtually impossible for this happened. Happened legally. I'm get a lot of text from people saying handle it about stuff going on under the table what about stuff that. Is so super secret that nobody else knows about. Com can you just explain about security agencies in the government and if I guess take on taken on this issue is that yet but it happened and nobody knows about it. And if that is that word have been it would there be some criminal activity involved. I had to integrating the question an important one and I think. Into that are offered here is. That the people who work in a team high. The signs hanging and national security community. My heart people who were there for an entire career dedicated to what eighteen inch. Go listener texted this to me national review quoting David French is corner oppose whatever that is. Claiming the Obama Justice Department in the FBI such FISA warrants a science they warned against trumpet insiders. And potentially against Donald Trump himself. And they're saying here. April and is goes back to January that. The FBI had concerns about a private server in trump tower there was connected to one or two. Russian banks and the the they take issue here with the word offenses imposed a crime because. It would seem as though if that were early cases severe criminal investigation not a national security investigation. Didn't take questions and different. From that particular piece in the national review I'm kind of weird general audience of the reporting about mr. Pan am at the front. The Foreign Intelligence Surveillance Act. I have several different factions unit and the speculation has been met in there and why it's true that came. Information about the server. But couldn't and we think evidence surveillance. And wiretapping kind of stage of the justice. That's predicted we talked about you know earlier in the hour. But come to be murdered and at this track it's. And so certainly the FBI. It's hand to go to a judge asked for a court order. Q a chain business record around things like. Communication metadata about the external of the communication. Not a compliment to anything was said to email or anything like that. That is the fact that she confronts. So again. That the peace and national review that that the listeners asking about I can't comment but very specifically on it I would just say that there are different provisions inside that. Sub culture. Is this record as opposed to. Actual. Surveillance and it has not really clear to me. We section map might fall under. I. Would then also exe and so my question about why a new scenery if you get no wire two wiretap Donald Trump. Because you think he's some type of ran or colluding with the Russians to affect the election. When you attempt everything you and be that moral Largo wherever. A question and again get to that foundational question. Would be the offensive line and they're keeping fifty cents. First that the person organization being checked out as I can influence how he can afford are very US person that they knowingly acting. In collusion with the fine government against consistency that. And and plant that at least certainty what the court of law. And facility in the context means that you typically on number or email protested every one. How can he. Suspect it being used high set to target the foreign powers they can afford power and then. Again public figures medically possible. It the kind of things that I think. I think you'll slip to look at. With the things like first of course what the proof against the per cent of the organization the second what's the truth to each. Fund separately our capacity to consistently these it actually used it for for the purpose that the ads. It turned against it. Activities that is the subject to the counterintelligence. Investigation has achieved just you know. And it's conversation right out to be a part across and it came back to accept that and before they haven't found trouble. Because people payable at Ascot this is the happening is completely. People in the government he would just carried out there and it's wrong. A couple of things you know but as a people to work. It intelligence community at the national security community. Do all kinds of reasons that people tune in military thinking about it a lot of country again about the sense of patriotism and you know application. And know that many sent out Serbs through multiple administrations and so. That change. I'm hunt and politics asserted that the power if you well. All it really has no effect on. And that didn't have an effect on the integrity of the people who work within the community and but if there and a proposal under any administration. It is something that was. Unlawful. Seemed very strong respond differently in the agency from the rank and I am saying and we done. It that night. Without an obstacle on the so it. It's important that they consider and I think you know traditionally. If anyone has been too. Our country's national security has only been viewed as non partisan activity. April liking Antony how much we appreciate your time it's been very. Educational and enlightening and where Agassi in number no we get OT again. Thank you April DOS former NSA lawyer returning was so Ewing LO OP will continue. To talk about this president am trumps. Kind of startling elevations at. President Obama had him bugged during the campaign I think Twitter might be responsive relive the in this to explain.