Trump vs Obama: How the U.S. president can order a wiretap on a civilian
WASHINGTON — U.S. President Donald Trump claimed on Saturday that predecessor Barack Obama wiretapped phones at Trump Tower during last year’s election campaign.
Trump offered no supporting evidence for his claims, Reuters reported.
The president or intelligence agencies have to jump through a series of hoops to wiretap a target legally. The target would either need to be suspected of engaging in criminal activity, or of being an “agent of a foreign power.”
To obtain a Foreign Intelligence Surveillance Act, or FISA, order, the FBI must first work with the Justice Department’s National Security Division to make its case, according to the Washington Post.
That declaration must be signed by a senior intelligence officer, usually the FBI or CIA director, certifying the purpose is to collect foreign intelligence that cannot be obtained through normal investigative channels.
A senior Justice official then has to approve the order. Only three officials have this authority: the attorney general, the deputy attorney general and the head of the National Security Division.
Final approval rests with a judge of the special FISA Court. Only then can the order be served on the phone or internet provider of the target’s number or email address.
A spokesman for Obama has denied Trump’s claims.
Meanwhile, the White House has asked Congress to investigate Trump’s allegations as part of a congressional probe into Russia’s influence on the presidential election.
Trump offered no supporting evidence for his claims, Reuters reported.
The president or intelligence agencies have to jump through a series of hoops to wiretap a target legally. The target would either need to be suspected of engaging in criminal activity, or of being an “agent of a foreign power.”
To obtain a Foreign Intelligence Surveillance Act, or FISA, order, the FBI must first work with the Justice Department’s National Security Division to make its case, according to the Washington Post.
That declaration must be signed by a senior intelligence officer, usually the FBI or CIA director, certifying the purpose is to collect foreign intelligence that cannot be obtained through normal investigative channels.
A senior Justice official then has to approve the order. Only three officials have this authority: the attorney general, the deputy attorney general and the head of the National Security Division.
Final approval rests with a judge of the special FISA Court. Only then can the order be served on the phone or internet provider of the target’s number or email address.
A spokesman for Obama has denied Trump’s claims.
Meanwhile, the White House has asked Congress to investigate Trump’s allegations as part of a congressional probe into Russia’s influence on the presidential election.
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