Judge Andrew Napolitano told Lou Dobbs that Obama definitely surveilled Trump during the election. And did it all without a warrant. And he apparently didn’t need one. Napolitano said the former president had the power to order the NSA to wiretap anyone at any time.
“The statute [creating the FISA court] is very clear. … “[N]otwithstanding anything in this statute, the President of the United States may order the surveillance of anybody in the United States of America, upon the filing of a certification by the Attorney General that it relates to national security, a filing that no one can read, not even the judges with whom it is filed.“
Are you freaking kidding? Oh, but wait, there’s more…
Napolitano dispelled several false narratives floated in recent days by the intelligence community, former Obama staffers, and the left wing mainstream media.
False Narrative No. 1 – Wiretaps require a search warrant.
“The notion that Obama would have to ask the FBI to get a search warrant? Out of the question. The FBI has nothing to do with this, they are interested in law enforcement.”
False Narrative No. 2 – Wiretaps require FISA’s permission.
“Why would [Obama] go to the FISA to do something that he himself has the right to do?The idea that they actually had to tap Trump? Out of the question. Because every phone call on every mobile device and landline, every keypad touch of every mobile device and desktop, every piece of digital information that flows into and out of the US on fiber optics, is captured in real time digitally by the NSA. The NSA is in the Pentagon, it works for the President.“
All Obama needed to do was ask the NSA for the transcript of every Trump Tower phone conversation during the campaign. The NSA already monitors conversations between U.S. citizens. In fact, every Verizon customer, makes the NSA’s job very easy.
“One of the FISA court warrants that I saw was, quote, ‘for every customer of Verizon in the United States.’ That’s 113 million people, including most of the federal government.“
Contradicting every denial of wrongdoing by Obama with misstatements and misdirection, the judge was emphatic. There remains no question that Obama wiretapped Trump. The former president is on record surveilling American citizens. He surveilled journalists, senators, generals in the Pentagon, and justices in the Supreme Court, so why wouldn’t he spy on a presidential candidate?
False Narrative No. 3 – Wiretaps are the perview of the Department of Justice (DOJ).
Napolitano seethed in reaction to Obama’s carefully worded, legally-parsed denial of wiretapping Trump. Instead, Obama’s attempted to re-direct the narrative about the wiretap story, with that weak statement.
“The statement that you just read from his spokesman Kevin Lewis says that the president didn’t interfere in any Justice Department investigation. This wouldn’t have been a Justice Department investigation! This would have been the President’s politically motivated curiosity.“