Orlando Sentinel

Big questions on disclosure of surveillan­ce

Few answers from intel panel chief

- By David S. Cloud david.cloud@latimes.com

WASHINGTON — The disclosure by Rep. Devin Nunes, chairman of the House Intelligen­ce Committee, that communicat­ions by Trump transition members were inadverten­tly picked up by U.S. surveillan­ce legally collecting foreign intelligen­ce raises questions that are likely to consume Congress and the White House for months.

Among them:

Who in the Trump transition team was captured by the surveillan­ce?

That’s not clear. Nunes, R-Calif., gave no names Wednesday other than to say it was possible that then-President-elect Donald Trump might have been mentioned in classified intelligen­ce reports written at the time. Numerous transition officials could have communicat­ed with foreign ambassador­s or others in the United States who were under court-authorized surveillan­ce for counterint­elligence purposes — and thus inadverten­tly had their communicat­ions monitored by U.S. intelligen­ce.

White House Chief of Staff Reince Preibus, White House aide Stephen Miller, Trump’s son-in-law Jared Kushner and Trump’s adult children all played formal roles in Trump’s transition, along with many other Trump associates and former government officials. Nunes himself was a member of the transition executive committee.

Who were transition members talking to?

Nunes didn’t say, except to note that the surveillan­ce was not part of an ongoing FBI investigat­ion into whether the Trump campaign coordinate­d with Russian authoritie­s during the presidenti­al campaign. In addition to foreign diplomats or other obvious contacts, the U.S. intelligen­ce dragnet could include almost any person in the United States under court-approved surveillan­ce who was in contact with transition officials or who claimed to have been in contact with Trump transition members.

Was the surveillan­ce done under a Foreign Intelligen­ce Surveillan­ce Act warrant?

Nunes said it was, which suggests that the communicat­ions occurred between Trump transition officials and other people in the United States, not overseas, since the National Security Agency doesn’t need a warrant to conduct eavesdropp­ing overseas.

What are the requiremen­ts for obtaining a FISA warrant?

The FBI asks a special federal court that conducts its proceeding­s in secret for such a warrant when it has reason to believe that someone in the United States is acting as an agent of a foreign power — in the worst-case scenario, conducting espionage against the United States. But it’s also possible to get FISA warrants to intercept routine communicat­ions by ambassador­s and other foreign officials in the United States, which seems to be how Trump’s former national security adviser, Michael Flynn, was detected on phone calls with Russia’s ambassador last year.

Aren’t the identities of U.S. persons who are picked up inadverten­tly by surveillan­ce supposed to be protected under the FISA law?

Yes. But senior intelligen­ce officials can decide to include their names or other identifyin­g informatio­n in classified intelligen­ce reports if they decided that doing so is important for understand­ing the intelligen­ce, or if it shows clear evidence of a potential crime. This process, known as unmasking, could have happened with the Trump transition team. Nunes said it had, but Rep. Adam Schiff, D-Calif., said in most cases he had been told the identities were not unmasked but were obvious. So far, Flynn is the only member of Trump’s team who is known to have been picked up by the surveillan­ce.

Does this mean President Donald Trump was correct to claim on Twitter that he was wiretapped by President Barack Obama?

No. There is no evidence of a wiretap at Trump Tower, and the intercepts were not aimed at Trump or his aides. They were aimed at foreign intelligen­ce targets with whom Trump transition team members apparently were communicat­ing.

What’s the impact of all this?

At a minimum, it has disrupted the House Intelligen­ce Committee’s efforts to conduct a bipartisan investigat­ion into Russia’s role in the election. Schiff, the ranking Democrat, was furious that Nunes held a news conference and then briefed the president Wednesday.

 ?? PABLO MARTINEZ MONSIVAIS/AP ?? Devin Nunes says surveillan­ce picked up Trump transition members’ communicat­ions.
PABLO MARTINEZ MONSIVAIS/AP Devin Nunes says surveillan­ce picked up Trump transition members’ communicat­ions.

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