WWL>Topics>>3-21 Tommy, what happened w/FBI Dir. James Comey's testimony?

3-21 Tommy, what happened w/FBI Dir. James Comey's testimony?

Mar 21, 2017|

Tommy talks with April Doss, former NSA lawyer and an attorney with Saul Ewing LLP, about James Comey's testimony regarding wiretapping claims, leaks from the intelligence community, and more.

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Automatically Generated Transcript (may not be 100% accurate)

April DOS former NSA lawyer joins is right now on an attorney with so Ewing LOP good morning ms. moss more. I am all right I am. Bullet questions worry about what happened yesterday in bank guests. I I saw Mike Rogers and we got to be careful because they're a couple of Mike Rogers is Mike Rogers Arab world. The national security director news Mike Rogers a former FBI agent who was the chairman I think of the House Intelligence Committee rank. And he's not here anymore but. He was saying it was extraordinary to hear director homey. Confirm an investigation. Was going on while it was still going on was that as are shaking his. And that's certainly not usual and I have to say that it that a decision like that would probably has been made. Pretty extensive consultation. With it government debt at higher levels among the few the Department of Justice. I'm certainly not a decision that I was acting director coming wouldn't take him lightly at it it absolutely an unusual thing to do it. And it seems as though Democrats who wanted to focus on Russia and collusion and the Republicans wanted to focus on leaks. Com which brought us to the whole issue of 702. And iso warrants or FISA. Tyson warrants. Com and the fact that it won't walk us through that if you will April because. It's a felony. Could be whoever leaked it Michael Clinton's name would be guilty of a felony Hillary can explain only. Sooner to kill hundreds and Foreign Intelligence Surveillance Act terrified that. That there are a couple of main factions of the law different kind of surveillance. And it weak to walk through how that Japan might have happened that you absolutely crisis does carry with it criminal penalties for an outright she's. Or are outside disclosure. As information that was detained under 5% yes absolutely potentially serious. Seriously activity known. Well it's up for renewal so maybe you can tell us a little bit about it. Chart their. That infections that people Palestinians that if I am talking about in this context what's contact one. And then separate section called Texans seventeen infections sudden acute as the ones up from the new law. XQ. It won it permits the government to collect communications of non US persons outside to. And the way that works and the government submits mr. certifications for the fight to court special court with federal judges. And classified information. Sometimes referred to as secret court because some information classified the proceedings were held at secret to keep the pacification. Global compact. And so government commit certifications. Said we need to procure information about the general category and it. Intelligence topic and be able to. Nominee to take care. But the cost facility. Different membership in a test system and I typically these bank non US person outside. And that person. For me is set to receive for the cake for intelligent and I'm in the court. Can't connect information. Of course sometimes when it does foreign intelligence targets. And that communicating with the electric. And in both cases. The US persons communication gets swept in AFLAC is caught incidental collections the F person hasn't been intentionally targeted government. But he has defined target might talked can't. I think people in the game and you know maybe aren't as content with the US personal and and just content portal in the next few. And that's what happened to Michael Flynn with the Russian ambassador correct. Well so interesting question the first opening fresher and and the thing that's been reported in the press accurate and again we don't running short. But the pressure putting has been and cut suggested that there were conversations between and the Russian ambassador. Would more likely true happened and to the end of other major action if I don't want. That position. The targeted. Talking for hours and keeps flowing powers. And since the Russian ambassador in. You know beef that you actually stationed in the US on most of the time the US embassy. If the government were collecting communications international ambassador there probably has been under total one. And certainly at the same. But upon what you political story in pretty. Tiffany. Incidental collections in the area can put out he could still half the US person to have a conversation with. Foreign intelligence targets. But considering it and to sing and if he's that. The Russian embassy. In America you could almost make you case for 702 because it's considered Russia's a non. Not under. I understand that the question because you talk about you know it's effectively function so well and and mr. Eric Eric diplomatic protection increased four and the tees back under the weight you can find some. Structured it's it's been a simpler view of geography and the embassy is located in the US and if there where targeting. Taylor mr. ban on corrections communications and it has the embassy that would be ten under title one site set up seventeen. When it comes soon teams combing same or first you know we're we're conducting an investigation to see if there was any collusion and I'm not quoting him exactly here I'm paraphrasing. But. Danny imparted that to is to see if there was any criminal activity as a result of it. And I don't know who has this ever been addressed before problem colluding with. Foreign government d'or award operatives of a campaign and a how in the world you would begin to prove a case like this. Yes I think a couple of things to bear in mind conductor companies and testimony that he hadn't. Points if you really wanted people to it to try to hide not change. Not true. But what directing he couldn't match specifically to try hard not to be in June and 422 points swine. I'm on the fact that there. Could be elements of the criminal investigation that come out of this counterintelligence investigations can he did say. But it counterintelligence investigation. At this Annie. Counterintelligence investigation it'll also include assessment of whether any crimes were committed slate act he is trying went back to reassure people and say. Certainly if crimes come tonight. We will look at those but publicly focused on to counter intelligence measure and and so counterintelligence investigations to sometimes. Turned up as a completely unrelated crimes and and so I'll just make up the wild hypothetical here. Suppose that in the course of this investigation. What date while. Some attempt. Made. Brush and actor to engage in. Money laundering and four irons criminal activity. Through some foreign bank frightening because stumbled across back on criminal investigation. Currently at the opposite it's enterprises. Counterintelligence investigation at. And didn't really started. Related in anyway. Specific charges against specific people at this point and and I think I hypothetical like that is it just. Has director coming into such things yesterday to try to emphasize. This is a counterintelligence investigations they will certainly follow the fact that they need them but this sort of pretty he kept saying. Try not to reach much into what could happen from that the Beers time to be sort of methodical and an eight in its approach. I'm about the path for the first thing an open campaign and if you try to emphasize the panic at ProLogis from Tennessee did as well what's that. Com it's important to understand that. Where the investigation right now is focusing time. Russian activities and Russian intention which is different from the suggestion that anybody in the UN world. Where it cooperative. Border. Certain knowingly engaged and after a lot of questions. Many cancers about. Whether it's possible for foreign intelligence service to try it yeah somebody in the US. For their purposes. Without the person having an idea that there that there's an attempt to manipulate them well. A quick text that comes in please quote homey correctly thome said he's checking whether there was any coordination between the campaign and rusher. Russia is he never used the word collusion coordination not collusion and I appreciate the text but I did say. Status paraphrasing but I guess words like that really do matter dumping April. It is time and you know you hear this parish right in and thank you for having me on the show while it appreciate talking here it's such a posture and yes it's complicated area and am reflecting on that's coming from. Syria yesterday. Let's remind everybody that it is the western issues in the complicated ones and you know vision need to be thorough and thoughtful and imprecise and as best we can happen to them. But in terms of influencing an election I have no idea what's statutes. Exist to cover anything like this or what standard of proof would. Be needed I mean it is is the intent enough when it comes to something like this if for whatever reason. From this somebody with any campaign. Conspired with a another country to try to influence. The results. I mean how would you proved that it did or would you just have to prove that they attempted to do that and I don't mean just Donald Trump any any candidate in any event. As a matter of fact April as you're well aware. Jordan Siegel our producer gave me a story about Richard Nixon. And it had long been expected but his operatives in 1968. Cent words to the north Vietnamese that they were gonna get a lot better deal. Hum. Oh south Vietnamese rather they're earning a lot better deal with day held out until. The election and he won and I mean in that case you guide young men died and over there while he's playing political games. Yes absolutely I think. My sense for them to testimony shouldn't let that. We're at the FBI agent focused in terms and even different campaign in trying to understand. First and foremost. Why were their actions and intentions and actions. Because at Catholic advocate I am I. If they feel any case based on what they fine. Certainly it could it get the opportunity to take diplomatic action against Russia board team. Isn't he can economic discussions that could create some kind of sanctions and measures that the US could take against Russian actors and the Russian government to panic of the investigation. A separate question plummet into getting. Within the US laws that apply. To those activities. I think that depends on what they find. Something. Are. You expecting things to compete and possibly can imagine things that might be certain dirty pool in international politics but not strictly illegal. And again even in local politics. So in effect yet and and again I'm thinking primarily about you know that this is focused. What the rationale. For attempting to do you again eclectic music carefully yesterday to say that happens. Just because also may have trying to influence the actions doesn't mean that any less people they may have been talking to. Also shared that goal right. And it actually important distinction this idea that. Democratic intensity used people who have no idea. How they were. How that's what I claim that. Well let me ask you do things recoup before relate to go in and Marlon them would be. That length or duration of an investigation of this type do do users a month loses two months a year. Well play a parallel between that and and that attention contributed impressed at that point doctor Cummings could really get into testament either hand. I had I'm sure they're trying to balance and it didn't need to be thorough and diligent. How recognizing that there is this the creating a lot out political discussion political uncertainty. I think everybody wants to see this come to a conclusion as quickly as possible. Obama holdovers that Fraser's arms. Com about navy leaking. Names. Yeah generally speaking is is the NSA. Nonpartisan. Isn't bipartisan those types of agencies. Tom they do would did anybody really put their political beliefs above us say the law awards. Safety of the country skier in the country. You know in my experience fairly consistent intelligence community has any political appointees of for example and it paid the political appointees. Are the director of course is serving military officer at first he's not. Pakistan political appointee as you know certain military architecture practice and in that sense. I'm and then the inspector general in that have to be approved by the senate but again inspectors general are independent. And and that's who quietly dropped me intelligence community there small number of political appointees such. I which historically national security interest if that is something that I'm. Thought as a country we could try to eat nonpartisan. And keep. Political Obama. Thanked people from other we we have to an hour will be launching new cars and April Dawes former NSA lawyers attorneys arguing LOB.