Obama's May 6 2016 Executive Order To Wiretap Trump, etc. Apr 5, 2017 0:30:24 GMT -5
Post by brianroy on Apr 5, 2017 0:30:24 GMT -5
New York Times print edition of January 20, 2017 boasted that President-elect Trump and his aides were monitored by electronic surveillance, or in lay terms, wire-tapped.
Obama's May 6 2016 Executive Order To Wiretap Trump, etc.
There has been much ado about the use of the term "wire-tapping", something those of us who precede the age of the Internet not only use out of habit by many decades of common usage, but because it is still legally correct as a term of usage and expression at the Department of Justice itself.
"9-7.100 - Authorization of Applications for Wire, Oral, and Electronic Interception Orders—Overview and History of Legislation
... 18 U.S.C. § 2516(1), Title III explicitly assigns such review and approval powers to the Attorney General, but allows the Attorney General to delegate this review and approval authority to a limited number of high-level Justice Department officials, including Deputy Assistant Attorneys General for the Criminal Division ("DAAGs").
The DAAGs review and approve or deny proposed applications to conduct "wiretaps" (to intercept wire [telephone] communications, 18 U.S.C. § 2510(1)) and to install and monitor "bugs" (the use of microphones to intercept oral [face-to-face] communications, 18 U.S.C. § 2510(2)).
It should be noted that only those crimes enumerated in 18 U.S.C. § 2516(1) may be investigated through the interception of wire or oral communications.
On those rare occasions when the government seeks to intercept oral or wire communications within premises or over a facility that cannot be identified with any particularity, and a "roving" interception of wire or oral communications is therefore being requested, the Assistant Attorney General or the Acting Assistant Attorney General for the Criminal Division must be the one to review and approve or deny the application. "
On March 22, 2017, the Chairman of the House Intelligence Committee, Representative Devin Nunes, was forced to admit words that may be paraphrased to the effect of "Yeah, Presidential candidate Trump and then Trump as President elect was spied upon."
I reasonably believe that what is not told the nation by the Media (and also not even by the Conservative Alternative Media) is that the open or public authorization of the surveillance of candidate Donald Trump under Obama was made by the May 6, 2016 by Obama's Executive Order that affected the right of the Executive Office of the President to utilize a list of designated Transition Coordination Council possibles to spy on Presidential Candidate Donald Trump,
who by that date was clearly slated to be the likely Republican nominee.
The electronic surveillance of Donald Trump and his aides was coordinated by the White House Transition Coordination Council (WHTCC), and therefore authorized by Obama.
Sec. 2. Establishment of the White House Transition Coordinating Council. (a) To facilitate the Presidential transition, including assisting and supporting the transition efforts of the transition teams of eligible candidates, there is established a White House Transition Coordinating Council.
(b) The White House Transition Coordinating Council shall be composed of the following officials or their designees:
(i) Assistant to the President and Chief of Staff, who shall serve as Chair;
(ii) Assistant to the President and Deputy Chief of Staff for Operations, who shall serve as Vice Chair;
(iii) Assistant to the President and Deputy Chief of Staff for Implementation;
(iv) Counsel to the President;
(v) Assistant to the President for Presidential Personnel;
(vi) Assistant to the President for National Security Affairs;
(vii) Assistant to the President for Homeland Security and Counterterrorism;
(viii) Assistant to the President for Economic Policy and Director, National Economic Council;
(ix) Director of National Intelligence;
(x) Director of the Office of Management and Budget;
(xi) Administrator of General Services;
(xii) Federal Transition Coordinator;
(xiii) the transition representative for each eligible candidate, who shall serve in an advisory capacity; and
(xiv) any other executive branch official the President determines appropriate.
(c) The White House Transition Coordinating Council shall:
(i) provide guidance to executive departments and agencies (agencies) and the Federal Transition Coordinator regarding preparations for the Presidential transition, including succession planning and preparation of briefing materials;
(ii) facilitate communication and information sharing between the transition representatives of eligible candidates and senior employees in agencies and the Executive Office of the President, including the provision of information relevant to facilitating the personnel aspects of a Presidential transition and such other information that, in the Council's judgment, is useful and appropriate, as long as providing such information is not otherwise prohibited by law;
You will notice in the text of the Executive Order that: You have to read it in the way that Communist-Socialist subversives of the Democratic Party read their white papers, academic articles (such as one Penny Pritzker -- in a chance conversation with her about a dozen years ago -- told me to read which unlocked how some communications of the proposed organizational construct of the "progressive" elite were passed about), and the emboldened and underlined is how they did so and still are doing so.
In effect, the order's intent, as read by those who were Partisan Democrats, will be read by Susan Rice and other co-conspirators (of which I also include the Director of National Intelligence and his representatives dealing with the Trump Transition Team) in the same way I show this above.
The Washington Post reports:
'The full extent of the National Security Agency’s access to fiber-optic cables remains classified. The Office of the Director of National Intelligence issued a statement saying that legally authorized data collection “has been one of our most important tools for the protection of the nation’s — and our allies’ — security. Our use of these authorities has been properly classified to maximize the potential for effective collection against foreign terrorists and other adversaries.” '
Place the emphasis on "other adversaries"
The Office of the Director of National Intelligence (DNI) which is on the White House Transition Coordination Council, by Executive Order authorization from Obama on May 6, 2016, considered themselves as legally authorized to domestic citizen spying and surveillance on Team Trump, and sent DNI representatives first to meet with Trump and his team. In July 2016, a FISA domestic warrant against Trump was sought for and turned down, even though it is about the easiest warrant for the Federal Government to obtain, with some claims that the rate is well over 600 to 1 that it would NOT be turned down...but against Trump, there was insufficiency. And only by knowing who petitioned and what was claimed generally in the petition will we know what the original claim against Presidential Candidate Trump was, but whatever the claim, it was woeful and insufficient even on its face.
Opening The Information Flood-gates In Open Conspiracy Against Trump's Possible Election
FISA Amendments Act of 2008, Pub. L. No. 110-261, § 702, 122 Stat. 2436 (codified as amended at 50 U.S.C. § 1881a (2013)) authorizes the acquisition of foreign intelligence information through the telephone and internet services. Under the Prism program, the NSA uses servers and internet and phone providers to tap all user data.
The Guardian reported
'A senior administration official said in a statement: "The Guardian and Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. This law does not allow the targeting of any US citizen or of any person located within the United States.'
and also that:
“The Obama administration justifies the bulk phone records collection program under Section 215 of the Patriot Act, which authorizes the government to acquire "tangible things" that are "relevant" to an investigation."
After failing to get the easiest warrant there is, one from the FISA Court, it is my working theory that the Obama Executive Office with the DNI then thumb drive contaminated a Trump Tower computer they have access to, and plant Russian Malware
between July 2016 and when they reapply in October 2016.
The Obama Executive Order of May 6, 2016 authorizes a domestic spying and communication network between those on the White House Transition Coordination Council representatives, specifically those "legally defined spies" of the Office of the Director of National Intelligence to be communicated directly with or to the Executive Office of the President.
This Executive Order is issued to legalize domestic spying plants on those selectively leading candidates running for President of the United States, and as with the Flynn transcript released, involves exclusively those communications with outside the United States foreign surveillance investigations to charge Presidential Candidate and then President Elect Trump to derail him from the Presidency. All Trump Business and personal addresses were compromised at the National security Agency (NSA) via Project Dragnet already,
starting under President George W. Bush and beginning in 2004, because Trump was a billionaire who criticized the Iraq War and the policy of the Deep State is to flip or coerce anyone of influence whenever they have an agenda, and that includes spying on Trump and taking special note to electronically monitor him regardless of it being against Federal Laws to do so.
Attorney Larry Klayman, stated
"Dennis Montgomery, who as a former National Security Agency (NSA) and Central Intelligence Agency (CIA) contractor left the spy agencies with 47 hard drives and over 600 million pages of information, much of which was classified, and came forward, under grant of immunity, to FBI Director James Comey.
This information, according to Montgomery, shows that the intelligence agencies, particularly under former Obama Director of National Intelligence James Clapper and former Obama CIA Director John Brennan and their minions, spied illegally and unconstitutionally on prominent Americans, including the chief justice of the Supreme Court, other SCOTUS justices, 156 judges, prominent businessmen like Donald Trump and even yours truly."
After the James Rosen et al (20 in all) journalists were publicly made known as being domestically and illegally spied on by the Obama Administration fiasco, Eric Holder published the ff. in 2013
"II. Enhanced Approvals and Heightened Standards for Use of Search Warrants and Section 2703(d) Orders
The Privacy Protection Act of 1980 (PPA), 42 U.S.C. § 2000aa, generally prohibits the search or seizure of work product and documentary materials held by individuals who have a purpose to disseminate information to the public. The PPA, however, contains a number of exceptions to its general prohibition, including the "suspect exception" which applies when there is "probable cause to believe that the person possessing such materials has committed or is committing a criminal offense to which the materials relate," including "the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data" under enumerated code provisions. See 42 U.S.C. §§ 2000aa(a)(1) and (b)(1).
Under current Department policy, a Deputy Assistant Attorney General may authorize an application for a search warrant that is covered by the PPA, and no higher level reviews or approvals are required."
But in order to make the accusations stick, Obama needed to plant DNI spies directly on the Trump Team, manufacture testimony as if credible sources for a FISA Court, and when that derailment did not work, physically plant and justify foreign espionage surveillance of which Nunes referred to as legal but NOT moral.
The Office of the Director of National Intelligence which is on the White House Transition Coordination Council, by Executive Order authorization from Obama on May 6, 2016, (according to my working theory) considered themselves as legally authorized to domestic citizen spying and surveillance on Team Trump, and sent DNI representatives first to meet with Trump and his team, and then to attempt by verbal information to get a FISA domestic warrant against Trump, probably because of Paul Manafort allegedly being part of a firm first hired by Putin well over 10 years ago, and that Manafort was also allegedly hired by Ukrainians in 2005 (the ones that Obama and friends had overthrown by literal over 6 foot tall Neo-Nazis of a descendant SchutzStaeffel Cult Order of Waffen SS who glad handed Congress as hand-picks before Ukraine's recent fall).
For a mindset of National Intelligence spying on Trump out of Clapper’s Office, and using the White House Transition Coordination Council, I would advise the reading of the oft cited United States v. Butenko, 494 F.2d 593,(3d Cir. 1974).
In effect, all one needs is for Melania and Ivanka or any of the Trump children to be speaking one to another in the familial to Melania Russian language, and any casual reference to what it was like in Slovenia or a phone call from a relative there, and THAT would be all the DISINFORMATION CAMPAIGN GREEN TO GO excuse that they would need to launch, and start calling for a hostile “gotcha” partisan political prosecutor would need to go on a foreign intelligence witch hunt against Presidential Candidate Donald John Trump.
I personally believe with certainty that the DISINFORMATION Lobbyists of the various Intel groups would likely cite Woodrow Wilson's German Espionage wife who effectively ran the U.S. Government as President Wilson's proxy as she denied access to her invalid and comatose husband for months of his Presidency, never mind that she was married to a Progressive Democrat at the time.
In Federal Law, the primary U.S. Code that we would be dealing with in a better understanding of what is involved in a domestic surveillance situation of foreign intelligence claims on a U.S. Citizen on U.S. soil by electronic surveillance with NO CRIMINAL COMPLAINT are generally the ff. (and their stated in their code, references):
50 U.S. Code § 1801 - Definitions
50 U.S. Code § 1804 - Applications for court orders
50 U.S. Code § 1823 - Application for order
50 U.S. Code § 1861 - Access to certain business records for foreign intelligence and international terrorism investigations
50 U.S. Code § 1881b - Certain acquisitions inside the United States targeting United States persons outside the United States
Whatever the application was and whatever the details of proof was, this would have to be written down in the original July 2016 application for a FISA electronic surveillance warrant. When that was turned down, in spite of any Paul Manafort issues, unless something or someone added to the campaign clearly changed the dynamic to being a foreign agent or asset in August, September, or the first week of October, (or if Donald Trump left the nation in that time and made a presumed contact with targeted like interests) the granting of a 90 day electronic surveillance warrant could NOT be granted, as the July petition and previous other warrant petitions (denied or granted) would all have to be disclosed by the October 2016 petition…which was then granted for 90 days.
On July 19, 1995, then AG Janet Reno wrote in a memo that the procedures that “apply to foreign intelligence (FI) and foreign counterintelligence (FCI) investigations conducted by the FBI, including investigations related to espionage and foreign and international terrorism” merely need to “reasonably indicate that a significant federal crime has been, is being, or may be committed” and that “n a FISA renewal application concerning such an investigation, OIPR shall apprise the Foreign Intelligence Surveillance Court (FISC) of the existence of, and basis for, any contacts among the FBI, the Criminal Division, and a U.S. Attorney's Office.”
It is my understanding that the Federal Bureau of Investigation’s Criminal Division was not used, nor are there indicators that would point to undercover FBI agents or informants to the FBI, nor an FBI generated surveillance warrant on Donald John Trump. Had the FBI been at center on this, it would have been truckloads of computers being seized all over the News from more than a dozen Trump owned business locations. Therefore, when the 90 day surveillance warrant was issued, (it seems to me based on what we publicly are thus far allowed to know) it clearly has to do with the Obama Administration Attorney General’s Office and a specific Intelligence Agency petition to the FISA Court.
United States v. Butenko, 494 F.2d 593,(3d Cir. 1974) @ 606 states that:
“Since the primary purpose of these searches is to secure foreign intelligence information, a judge, when reviewing a particular search must, above all, be assured that this was in fact its primary purpose and that the accumulation of evidence of criminal activity was incidental.”
In United States v, Butenko, an oft “go to” citation case used by the Federal Government for warrants for gathering Intelligence, even upon those who are United States Citizens within the United States and specified as “exceptions” to legally be spied upon, you will find in end note 6 that a President of the United States may himself authorize those measures
“he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities.
Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government.
The contents of any wire or oral communication intercepted by authority of the President in the exercise of the foregoing powers may be received in evidence in any trial hearing, or other proceeding only where such interception was reasonable, and shall not be otherwise used or disclosed except as in necessary to implement that power.”
In effect, the Presidential authorization of the wiretap or electronic surveillance by its very nature of Executive Privilege, seals any disclosure except as necessary and likely then only in camera (in judge’s chambers) with approved or cleared to receive counsel, under gag to not reveal the same.
The application to surveil Presidential Candidate Trump in July and October of 2016, would have had to declare one of two things:
(1) that Candidate Trump was a foreign power (which we can dismiss as not applicable); or
2) the claim
[by DNI James Clapper and / or Obama ]
that Candidate Trump was alleged to be an "agent of a foreign power."
50 U.S.C. §§ 1804(a)(3), (a)(4)(A);
50 U.S.C. §§ 1823(a)(3), (a)(4)(A).
And if Trump himself was not personally directly alleged to be an agent of a foreign power, perhaps Clapper and Obama would have been scurrilously blaming Melania as the scapegoat excuse to surveil Trump along with some kind of libelous accusation in writing against General Flynn by those petitioning the FISA Court in October 2016.
Under 50 U.S. Code § 1823 - Application for order, we find that a petition regarding the surveillance of Presidential Candidate Donald Trump, if not a direct order out of the office of the POTUS, would emanate ONLY from 5 Executive Agencies as possible sources of petition to surveil:
“the Director of the Federal Bureau of Investigation,
the Secretary of Defense,
the Secretary of State,
the Director of National Intelligence,
or the Director of the Central Intelligence Agency.”
Under my working theory, I have ruled out the FBI because no criminal division activity occurred, nor was a warrant ever sought for personal or BUSINESS records, which is what they would have done.
In regard to a Presidential Candidate, under my working theory I believe that we can also rule out the CIA, the Department of Defense, and the Secretary of State upon a petition of a United States Citizen on U.S. soil, based on jurisdictional venue.
That leaves us two candidates left, the office of the DNI, which is that of James R. Clapper August 5, 2010 – January 20, 2017, and the only other possible (or both together) is that of the Executive Office usurper acting as the putative POTUS, the one of alien birth nationality and of current (then and now) alien nationality, Barack Hussein Obama.
So who petitioned and or got the authorization to spy on Trump? By process of elimination, the Office of the Director of National Intelligence, who is listed as (ix) on the White House Transition Coordination Council (WHTCC) in the May 6, 2016 Obama Executive Order, who was authorized by Obama to not only help the Trump Team in Transitioning, but to spy or surveil Donald Trump and his campaign, and report back directly to “the Executive Office of the President… such other information that, in the Council's judgment, is useful and appropriate….”
As long as the “CLAIM” that the surveillance was done on the premise that a future crime of espionage or any federal crime may be committed, as Attorney General and Progressive Democrat Janet Reno reasoned as acceptable in 1995, to those around since 1995 in Democrat Partisan politics, persecuting and spying based on "future crimes" is what they all consider as “legal”, and it is the same rationale they use to want to ban the Constitution of the United States 2nd Amendment, the 1st Amendment, et cetera.
Fortunately, over a week before inauguration, President Elect Trump spoke of how that he personally conducted a sting in Trump Towers of WHTCC Intelligence people, and his leaker was one of these...but we are NOT told the agency identities as to which they represented.
This brings us to
Susan Rice - Felony Committing Obama National Security Adviser
The National Security Adviser is considered a senior aide directly employed by and in the Executive Office of the President. They are situated with an office in the West Wing of the White House and given meetings on the National Security Council as well as working closely with the Secretary of Defense and the Secretary of State. It is often essential that they be on hand and available to serve in the Presidential Emergency Operations Center or in the White House Situation Room when any crisis develops. The role was created in 1953 under President Eisenhower, and the general staff under the senior management is considered Deep State career personnel, who usually remain regardless of what new politically appointed National Security Adviser and his or her immediate senior personnel in direct support of the National Security Adviser are brought in.
The National Security Council was itself created through the passing of the National Security Act of 1947 which sought a reorganization of National Defense into the Department of Defense, a reorganization Foreign Intelligence, and various related services and policies which included the creation of the Central Intelligence Agency and the National Security Council. In 1949, the National Security Council became part of the Executive Office of The President of the United States, although it would be 4 more years before the role of the National Security Adviser (who reported directly to and on behalf of the President in select security issues representation) was created.
In regard to the release of Top Secret electronic surveillance intercepts of incoming National Security Adviser Mike Flynn and his setting up a future meeting between incoming President Trump and the Russian ambassador at some future date (among many other ambassadors for the same opportunity also), it is now revealed that an employee of the Executive Office of the President, acting directly with and in behalf of the Presidency, despite previous denials,
only now in April 2017 do we learn that National Security Adviser Susan Rice, was the leaker of General Flynn's December 2016 conversation.
"Intelligence sources said the logs discovered by National Security Council staff suggested Rice’s interest in the NSA materials, some of which included unmasked Americans' identities, appeared to begin last July around the time Trump secured the GOP nomination and accelerated after Trump’s election in November launched a transition that continued through January."
In an "after the criminal acts were already done" second set of criminal fingerprints openly left by Obama, apparently the White House authorized to be leaked a declassified version of what Obama’s NSA spy data collection sharing with other Intelligence Agencies in Obama’s Executive Order 12333,
which according to my working theory really means that Obama is openly leaving a trail of his knowledge of the illegal sharing of legally protected data AFTER they had feloniously already committed felonies and were now justifying it after the fact...since the May 6, 2016 executive order regarding the use of a White House Transition Coordination Council already green-lighted a de jure authorization to engage and spy on then Candidate Trump and to report to Obama by way of his Executive Office (including National Security Adviser Susan Rice by job responsibility and description) of any advancement Trump might make going forward, so as to now exonerate Obama et al. themselves in regard to NOT finding anything on Trump.
In January 2017, Jane Chong over at Lawfare reported:
"Obama Administration Releases Long Awaited New E.O. 12333 Rules on Sharing of Raw Signals Intelligence Information Within IC
By Jane Chong Thursday, January 12, 2017, 12:38 PM
The New York Times reported this morning that the Obama administration has put into place new rules allowing the NSA to disseminate “raw signals intelligence information.”
According to a 23-page, mostly declassified copy of the procedures, released today, Director of National Intelligence James Clapper signed the rules on Dec. 15 and Attorney General Loretta Lynch signed them on Jan. 3.
... On February 25, 2016, Charlie Savage reported for the Times that the Obama administration would soon be implementing a new system, years in the making, to provide more intelligence agencies across the federal government direct access to raw information collected by the NSA.
Recall that Executive Order 12333 permits dissemination of signals intelligence data only in accordance with procedures established by the DNI in coordination with the Defense Secretary and approved by the Attorney General. "
Returning To Rice, Who At Minimum Is Guilty Of A Felony:
In all the months of surveillance, from May 2016 to whenever it stopped, if it ever did, the hostile to Trump Intelligence personnel and those they gave information to of like mindedness had NOTHING that remotely could be leaked to the public as the transcript of Michael Flynn's National Security Adviser In Transition empowered conversation was.
Apparently, as we see it being reported above, it was a National Security Adviser to Obama, Susan Rice, who was DIRECTLY REPRESENTING OBAMA as part of the Executive Office of the POTUS, who served in that capacity from July 1, 2013 – January 20, 2017 who leaked the information on former General Mike Flynn, the incoming National Security Adviser successor: the man she hated with a vengeance.
It was a special hatred by Susan Rice who had a corrupt financial loss motive against Flynn, just as much as it was partisan politics. To her, it was about all the financial loss or payback for all the millions of dollars in graft she would have gotten (just use Hillary's success with the Clinton Foundation as Secretary of State as an example, over $102 million from Russia alone). Susan Rice, as the Ambassador to the UN, (she was there January 26, 2009 – June 30, 2013), Rice was sabotaged by Flynn from profiteering by a pro-Isis / pro-Al Qaeda war in Syria to use U.S. Forces to overthrow Syria for an enemy we are legally at war with (which is defined as TREASON in the Constitution and U.S. Code).
And so, the new Watergate begins, and hopefully, America will quickly realize that the actual pro-active sabotage from the illegal surveillance activities began with Obama's own May 6, 2016 Executive Order.