I won’t comment in detail on the substance of today’s latest outbreak of our fevered politics: Trump’s accusation that Obama ordered wiretapping of Trump Tower and the Trump campaign. I will just mention one fact that strongly supports the veracity of Trump’s allegation: namely, the very narrow–and lawyerly–“denials” emanating from the Obama camp.
Obama and his surrogates–notably the slug (or is he a cockroach?) Ben Rhodes–harrumph that Obama could not unilaterally order electronic surveillance. Well, yes, it is the case that Obama did not personally issue the order: the FISA court did so. But even if that is literally correct, it is also true that the FISA court would not unilaterally issue such an order: it would only do so in response to a request from the executive branch. Thus, Obama is clearly implicated even if he did not issue the order. He could have ordered his subordinates to make the request to the court, or could have approved a subordinate’s request to seek an order. Maybe he merely hinted, a la Henry II–“will no one rid me of this turbulent candidate?” (And “turbulent” is a good adjective to apply to Trump.) But regardless, there is no way that such a request to the court in such a fraught and weighty matter would have proceeded without Obama’s acquiescence.
I therefore consider that the substance of Trump’s charge–that he was surveilled at behest of Obama has been admitted by the principals.
This episode illustrates a broader point that is definitely useful to keep in mind. What Obama and his minions (and the Democrats and many in the media) say is likely to be correct, strictly speaking, but fundamentally misleading. In contrast, what Trump says is often incorrect, strictly speaking, but captures the fundamental truth. I would wager that is the case here.
The lawyer word games are not limited to this episode. The entire Sessions imbroglio smacks of scumbag lawyer tactics. The Unfunny Clown, Senator Al Franken, asked (in a convoluted way) a very narrow question (which was related to an even narrower written question in a set of interrogatories) about Session’s interactions with the Russians. Sessions answered the question–which was not an unconditional query about contacts with the Russians, but which related to very specific types of contacts and discussions. Franken and the Democrats then accused Sessions of perjury because the Senator (and then-Attorney General designate) had met with the Russian ambassador to the US on two occasions. Asking a narrow question, and then claiming the answer was a false response to a broader question (that was not asked) is a sleazy lawyer trick (and one that has been tried on me, BTW).
One last thing. Why did Trump push this button today? I can think of offensive and defensive reasons. Offensively, he might want to gain the initiative in the war against Obama and the intelligence community. Defensively, this could be an excellent way of derailing the Russia hysteria, and the calls for an investigation. If it turns out that there was an FBI investigation, and it turned up nothing, then there is no justification for further investigation, whether by Congress or law enforcement. So it could actually help Trump if the FBI and the intelligence community were forced to acknowledge that they had investigated, to no avail. By raising the issue, Trump is pressuring the FBI to put up or shut up.
Figuring out Trump’s reasoning is always hard, but it is worth remembering that he is often at his most clever when he appears to be at his most unhinged and outrageous. So stay tuned. This isn’t over. By a long shot. And given that Trump has emerged triumphant whenever his foes have declared him to be dead meat, I would be very nervous right now if I were Barry or Ben or anyone in the IC.