Justice Dept. asks for more time on wiretapping evidence

Facing a Monday deadline, the Justice Department asked lawmakers for more time to provide evidence backing up President Donald Trump‘s unproven assertion that his predecessor wiretapped his New York skyscraper during the election. The request came as the White House appeared to soften Trump’s explosive allegation. The House intelligence committee said it would give the Justice Department until March 20 to comply with the evidence request. That’s the date of the committee’s first open hearing on the investigation into Russia’s interference in the 2016 election and possible contacts between Trump associates and Russia. A spokesman for the committee’s Republican chairman said that if the Justice Department doesn’t meet the new deadline, the panel might use its subpoena power to gather information. “If the committee does not receive a response by then, the committee will ask for this information during the March 20 hearing and may resort to a compulsory process if our questions continue to go unanswered,” said Jack Langer, a spokesman for Rep. Devin Nunes, R-Calif. Trump’s assertions have put his administration in a bind. Current and former administration officials have been unable to provide any evidence of the Obama administration wiretapping Trump Tower, yet the president’s aides have been reluctant to publicly contradict their boss. White House spokesman Sean Spicer tried to clarify Trump’s comments Monday, saying the president wasn’t using the word wiretapping literally, noting that Trump had put the term in quotation marks. “The president used the word wiretap in quotes to mean broadly surveillance and other activities,” Spicer said. He also suggested Trump wasn’t accusing former President Barack Obama specifically, but instead referring to the actions of the Obama administration. Trump himself has not commented on the matter since his March 4 tweets, in which he said he had “just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory.” He also wrote: “Is it legal for a sitting President to be ‘wire tapping’ a race for president?” In two other tweets, Trump described Obama tapping his phones, but did not put the phrases in quotation marks. The president’s accusations against Obama came amid numerous political questions surrounding his associates’ possible ties to Russia. The FBI is investigating Trump associates’ contacts with Russia during the election, as are House and Senate intelligence committees. The White House has asked those committees to also investigate Trump’s unverified wiretapping allegations against Obama. The House committee has turned the matter back on the Trump administration, setting the Monday deadline for the Justice Department to provide evidence. In a response Monday evening, the Justice Department said it needed extra time to “review the request in compliance with the governing legal authorities and to determine what if any responsive documents may exist.” Other congressional committees are also pushing the administration to clarify Trump’s claims. Sens. Lindsey Graham, R-S.C., and Sheldon Whitehouse, D-R.I., asked Acting Deputy Attorney General Dana Boente and FBI Director James Comey to produce the paper trail created when the Justice Department’s criminal division secures warrants for wiretaps. The senators, who head the Senate Judiciary Committee’s crime and terrorism subcommittee, are seeking warrant applications and court orders, which they said can be scrubbed to protect secret intelligence sources and methods. Trump’s critics have slammed the president for making the wiretapping claim on his Twitter account without evidence. Wiretapping a U.S. citizen would require special permission from a court, and Trump as president would have the ability to declassify that information. Sen. John McCain, an influential Republican, said Sunday: “I think the president has one of two choices: either retract or to provide the information that the American people deserve.” “If his predecessor violated the law, President Obama violated the law, we have got a serious issue here, to say the least,” McCain said. Comey has privately urged the Justice Department to dispute Trump’s claim but has not come forward to do so himself. James Clapper, who was Obama’s director of national intelligence, has said that nothing matching Trump’s claims had taken place. White House counselor Kellyanne Conway sidestepped questions about the lack of proof Monday, saying she was “not in the job of having evidence.” “That’s what investigations are for,” Conway told CNN’s “New Day.” “The president is pleased that the House and Senate intelligence committees have agreed that this should be part of the investigation that already exists about Russia and the campaign, an investigation that apparently has gone nowhere so far.” In a weekend interview with the Bergen Record, a newspaper in her home state of New Jersey, Conway appeared to point toward the recent WikiLeaks release of nearly 8,000 documents that purportedly reveal secrets about the CIA’s tools for breaking into targeted computers, cellphones and even smart TVs. “What I can say is there are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera,” Conway said. “So we know that that is just a fact of modern life.” Republished with permission of The Associated Press.

Donald Trump adviser says gov’t has many ways to surveil people

Kellyanne Conway

Senior White House adviser Kellyanne Conway says she doesn’t have any evidence to support President Donald Trump‘s claim that Barack Obama wiretapped Trump Tower phone lines during the election. Instead, Conway is pointing to recent revelations about other government surveillance to suggest it was possible Obama used a different technique. Her response was unlikely to tamp down criticism of Trump’s tweets earlier this month. The House intelligence committee has asked the administration to provide evidence of the allegation by Monday. “The answer is I don’t have any evidence and I’m very happy that the House intelligence committee (is) investigating,” Conway told ABC’s “Good Morning America.” She later tweeted that the administration is “pleased” with the ongoing congressional investigation and “will comment after.” Trump’s critics have slammed the president for making the explosive wiretapping claim on his Twitter account without evidence. Wiretapping a U.S. citizen would require special permission from a court, and Trump as president would have the ability to declassify that information. James Clapper, who was Obama’s director of national intelligence, has said that nothing matching Trump’s claims had taken place. Also this month, WikiLeaks released nearly 8,000 documents that purportedly reveal secrets about the CIA’s tools for breaking into targeted computers, cellphones and even smart TVs. Conway noted that development to justify Trump’s claims. “What I can say is there are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera,” Conway told New Jersey’s The Record newspaper in an interview Sunday. “So we know that that is just a fact of modern life.” Conway told “Good Morning America” that “I wasn’t making a suggestion about Trump Tower.” She said she was answering a question about surveillance “generally,” and without specific reference to the current controversy. FBI director James Comey has privately urged the Justice Department to dispute Trump’s claim but has not come forward to do so himself. Sen. John McCain, an influential Republican, said Sunday: “I think the president has one of two choices: either retract or to provide the information that the American people deserve, because, if his predecessor violated the law, President Obama violated the law, we have got a serious issue here, to say the least,” the Arizona senator said. The House Intelligence Committee’s request for evidence by Monday was made in a letter sent to the Justice Department by the panel’s chairman, Rep. Devin Nunes, R-Calif., and its ranking Democrat, Rep. Adam Schiff, D-Calif., according to a congressional official. The aide wasn’t authorized to discuss the request by name and requested anonymity. Republished with permission of The Associated Press.

About that unusually tense interview between Stephanopoulos, Trump aide

George Stephanopoulos‘ “Good Morning America” interview with White House spokeswoman Sarah Huckabee Sanders on Monday is an instant milestone in the hostile relationship between the Trump administration and the media. In the discussion about President Donald Trump‘s weekend accusations — offered without proof — that former President Obama ordered Trump’s New York home wiretapped, Stephanopoulos repeatedly interrupted and stopped Sanders when he felt she veered from the truth. It was a crackling exchange unusual for the generally happy terrain of network morning television, and made Stephanopoulos a hero or villain depending on whose social media feed is followed. It was also the second time in a month that the ABC anchor had a notably sharp interview with a Trump administration official. On “This Week” last month, he repeatedly pressed Trump aide Stephen Miller for evidence to back up the claim that there was massive voter fraud in the election. Sanders was also interviewed on NBC’s “Today” show on Monday, while “CBS This Morning” turned down the White House’s offer to have her on. Fox News Channel’s “Fox & Friends” brought presidential counselor Kellyanne Conway on to speak about Trump’s allegations, less than a day after White House press secretary Sean Spicer said there would be no further comment on the issue. It wasn’t clear what changed the administration’s strategy. Stephanopoulos began his interview by asking Sanders whether Trump accepted reports that FBI director James Comey had denied there was any wiretapping of Trump. Sanders said she didn’t believe he did, and started talking about wiretapping reports in other media outlets. “Sarah, I have got to stop you right there,” Stephanopoulos said. The stories she cited did not back up the president’s claims, he said. “What is the president’s evidence?” he asked. Sanders said there was “wide reporting” suggesting that the administration could have ordered wiretapping. Stephanopoulos stopped her to note there was a report of a court-ordered wiretapping, although James Clapper, former director of national intelligence under Obama, had denied that. Stephanopoulos stopped Sanders again when she noted that the unsubstantiated report of a wiretapping order came under the Obama administration and that “all we’re asking is that Congress be allowed to do its job.” “Hold on a second,” he said. “There is a world of difference between a wiretap ordered by a president and a court-ordered wiretap by a federal judge.” Noting that Obama’s representatives, Comey and Clapper had all said there was no wiretapping, Stephanopoulos asked, “is the president calling all three of these people liars?” Sanders said that he wasn’t, but that it was a matter for congressional investigators to look into. She said she considered it a double standard that the media does not believe Trump when he says nothing untoward had happened between him and Russia, while reporters accept denials by the Obama administration on the wiretap accusation. “If the president walked across the Potomac, the media would be reporting that he could not swim,” she said. The interview illustrated the difficulties the media faces in trying to report on the president’s unsubstantiated tweets. There was a furious debate on the “Good Morning America” Facebook page on Monday afternoon between people who cheered the host, a one-time adviser to President Bill Clinton, for calling out untruths, and others who believed he was rude — even suggesting they would boycott ABC’s morning show because they were disgusted by the interview. Many of Trump’s supporters are angered by aggressive questioning because they believe the media did not ask similar tough questions of the Obama administration, said Tim Graham of the Media Research Center, a conservative media watchdog. “You have no right to tell us what the truth is,” Graham said. At the same time, reporters face pressure from Trump opponents who give no quarter, as witnessed by last week’s backlash against television analysts who suggested Trump gave an effective speech before Congress. There are also some who believe the wiretap accusation itself is a way to distract people from the story about Russia, and the media effectively supports the strategy by reporting it. Stephanopoulos said after the interview that his job is to elicit as much clarity as possible, and he believed his interview was an important opportunity to get the Trump administration on the record on these issues. “If I hear something that I know to be untrue, then I think it’s my responsibility to point that out,” he said. Sanders’ interview on “Today” was more peaceful, but still had some tense moments. Savannah Guthrie interrupted Sanders to ask a second time when she wouldn’t answer her question about whether the president had made his accusations solely after seeing media reports. She said she didn’t know. Sanders later repeated the same line about the Potomac River. Conway was given more time to talk on “Fox & Friends,” although she did face pushback on whether Trump associates who had conversations with Russian officials had hurt the president. She drew laughs when she said she wished she had $50 for every time Russia was mentioned in the news. “A drinking game,” one of the Fox anchors joked off-screen. Republished with permission of The Associated Press.  

White House aides defend Donald Trump’s wiretapping claim

Donald Trump AP photo 03.04.17

White House officials on Monday defended President Donald Trump‘s explosive claim that Barack Obama tapped Trump’s telephones during last year’s election, although they won’t say where that information came from and left open the possibility that it isn’t true. In televised interviews, Kellyanne Conway and Sarah Huckabee Sanders said Trump firmly believes the allegations he made on Twitter over the weekend. The aides said any ambiguity surrounding the issue is all the more reason for Congress to investigate the matter. “We’d like to know for sure,” Sanders, deputy White House press secretary, told NBC’s “Today” show. The House and Senate intelligence committees, and the FBI, are investigating contacts between Trump’s campaign and Russian officials, as well as whether Moscow tried to influence the 2016 election. On Sunday, Trump demanded that they broaden the scope of their inquiries to include Obama’s potential abuse of his executive powers. When asked where Trump was getting his information from, Sanders said the president “may have access to documents that I don’t know about.” Likewise, Conway said that “credible news sources” suggested there was politically motivated activity during the campaign. But Conway also said Trump might have access to other information she and others don’t. “He is the president of the United States,” Conway told Fox News’ “Fox & Friends. “He has information and intelligence that the rest of us do not.” Trump is said to be frustrated by his senior advisers’ inability to tamp down allegations about contacts between his campaign aides and the Russian government. Compounding the situation was the revelation last week that former U.S. senator and now Attorney General Jeff Sessions, an early Trump campaign supporter, had met twice with the Russian ambassador but didn’t disclose that to lawmakers when he was asked about it during his Senate confirmation hearing. Separately, an Indiana newspaper reported that Vice President Mike Pence used personal email to conduct state business when he was governor of Indiana. The revelation recalled the use of personal email by Trump’s 2016 opponent, Hillary Clinton, when she was secretary of state. The issue dogged Clinton for most of the presidential campaign. Senate Intelligence Committee Chairman Richard Burr, R-N.C., said in a statement that the panel “will follow the evidence where it leads, and we will continue to be guided by the intelligence and facts as we compile our findings.” Rep. Devin Nunes, R-Calif., chairman of the House Intelligence Committee, said in a statement that the committee “will make inquiries into whether the government was conducting surveillance activities on any political party’s campaign officials or surrogates.” Trump’s request carries some risk, particularly if the committees unearth damaging information about him or his associates. Committee Democrats will have access to the information and could wield anything negative against the president. Asking Congress to conduct a much broader investigation than originally envisioned also ensures the Russia issue will hang over the White House for months. Obama’s director of national intelligence, James Clapper, said nothing matching Trump’s claims had taken place. “Absolutely, I can deny it,” said Clapper, who left government when Trump took office. Other Obama representatives also denied Trump’s allegation, which the FBI has asked the Justice Department to dispute, a U.S. official told The Associated Press on Sunday. The official wasn’t authorized to discuss the request by name and spoke on condition of anonymity. The department, however, has issued no such statement. DOJ spokeswoman Sarah Isgur Flores declined to comment Sunday, and an FBI spokesman also did not comment. Josh Earnest, who was Obama’s White House press secretary, said presidents do not have authority to unilaterally order the wiretapping of American citizens, as Trump has alleged was done to him. FBI investigators and Justice Department officials must seek approval from a federal judge for such a step. Earnest accused Trump of leveling the allegation to distract from the attention being given to the Russia issue. Trump said in the tweets that he had “just found out” about being wiretapped. Unclear was whether he was referring to having learned through a briefing, a conversation or a media report. The president in the past has tweeted about unsubstantiated and provocative reports he reads on blogs or conservative websites. The tweets stood out, given the gravity of the charge and the sharp personal attack on the former president. Trump spoke as recently as last month about how much he likes Obama and how much they get along, despite their differences. “How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!” he tweeted, misspelling ‘tap.’ Republished with permission of The Associated Press.

Donald Trump claims Barack Obama had phones wiretapped; Obama denies it

Donald Trump AP photo 03.04.17

President Donald Trump on Saturday accused former President Barack Obama of having Trump Tower telephones “wire tapped” during last year’s election, a startling claim that Obama’s spokesman said was false. Trump did not offer any evidence or details, or say what prompted him to make the allegation. Trump, whose administration has been under siege over campaign contacts with Russian officials, said in a series of early morning tweets that he “just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!’ Obama spokesman Kevin Lewis said a “cardinal rule” of the Obama administration was that no White House official ever interfered in any Justice Department investigations, which are supposed to be conducted free of political influence. “As part of that practice, neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen,” Lewis said, adding that “any suggestion otherwise is simply false.” The White House did not immediately reply to inquiries about what prompted the president’s tweets. Trump, who used to speak of having a warm relationship with Obama, compared the alleged activity by his predecessor to behavior involving President Richard Nixon and the bugging of his political opponents. “How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!” he tweeted, misspelling ‘tap.’ Trump said the wiretapping occurred in October. He ran the presidential transition largely out of Trump Tower in New York, where he also maintains a residence. Trump’s tweets came days after revelations that Attorney General Jeff Sessions, during his Senate confirmation hearing, didn’t disclose his own campaign-season contacts with Russia’s ambassador to the United States. Sessions, a U.S. senator at the time, was Trump’s earliest Senate supporter. Trump’s opening tweet Saturday mentioned Sessions and claimed the first meeting Sessions had with the Russian diplomat was “set up by the Obama Administration under education program for 100 Ambs …” U.S. intelligence agencies have concluded that Russia interfered in the campaign with the goal of helping elect Trump over Democrat Hillary Clinton — findings that Trump has dismissed. The FBI has investigated Trump associates’ ties to Russian officials. Congress is also investigating. Trump has blamed Democrats for leaks of information about the investigation and the contacts. Rep. Adam Schiff of California, the senior Democrat on the House Intelligence Committee, said in a statement that Trump was making “the most outlandish and destructive claims without providing a scintilla of evidence to support them.” Schiff added: “No matter how much we hope and pray that this president will grow into one who respects and understands the Constitution, separation of powers, role of a free press, responsibilities as the leader of the free world, or demonstrates even the most basic regard for the truth, we must now accept that President Trump will never become that man.” It was unclear what prompted Trump’s new charge. The president often tweets about reports he reads on blogs and conservative-leaning websites. The allegations may be related to anonymously sourced reports in British media and blogs, and on conservative-leaning U.S. websites, including Breitbart News. Those reports claimed that U.S. officials had obtained a warrant under the Foreign Intelligence Surveillance Act to review contacts between computers at a Russian bank and Trump’s New York headquarters. The AP has not confirmed these contacts or the investigation into them. Steve Bannon, Trump’s chief strategist in the White House, is a former executive chairman of Breitbart News. FISA is a 1978 law that created a system to hear requests to surveil foreign intelligence agents. It differs from a regular criminal warrant because it does not require the government to provide probable cause that a crime has occurred. Instead, under FISA, the government must simply provide evidence that the target of an investigation is an agent of a foreign power. Such targetable agents would include Russian diplomats such as Sergei Kislyak, the ambassador who spoke with a number of Trump aides. But a FISA warrant could also include others for whom investigators could muster probable cause, potentially including entities directly connected to Trump. Obama could not order a FISA warrant. Obtaining one would require officials at the Justice Department to seek permission from the FISA court, which is shrouded in secrecy. Judges could order prosecutors to share FISA information with defendants if they deem it necessary for challenging a search’s legality, but courts have consistently agreed with the government that disclosing the material could expose sensitive intelligence secrets. One exception to this practice is the president himself, who has the authority to declassify records. In Trump’s case, he could confirm any such surveillance of his campaign or business undertaken before he took office in January. Trump is spending the weekend at Mar-a-Lago, his waterfront estate in Palm Beach, and he spent several hours at his golf club in nearby West Palm Beach on Saturday. Trump also tweeted about Arnold Schwarzenegger‘s decision to leave “The New Celebrity Apprentice.” Schwarzenegger replaced Trump as host of the show while the president remained its executive producer. Trump was scheduled to have dinner Saturday at Mar-a-Lago with Sessions, Homeland Security Secretary John Kelly, Commerce Secretary Wilbur Ross, who has a home in Palm Beach, Bannon and other White House advisers. The president planned to return to the White House late Sunday. Republished with permission of The Associated Press.